Evening journal., 1889-09-06
LIMITED JURISDICTION.
CITY COUNCIL HAS NOTHING TO
DO WITH The STREETS.

DO WITH The STREETS.
The Far Reaching Powers Of the street
and sewer Department-city Solicitor
Turner's Two Opinions killing the
Bicycle ordinance.
City Council met at 730 O'Clock last
evening, it being the first meeting after
September /.
The following opinion was received and
read:
''To the Council.
GENTLEMEN: In obedience to your
resolution asking my opinion as to
whether or no Council had such juris-
diction over the highways Of this city as
would authorize the passage of an ordi-
nance by your body regulating the pas
sage Of bicycles tricycles and like vehi-
cles along the same, | would reply that /
have looked into the matter and am of
the opinion that by the terms Of the act
creating the Street and Sewer Depart
ment the Council is deprived of all con
troll over this and kindred subjects, and
the control is vested in the department
aforesaid. Respectfully
"HENRY G. TURNER City Solicitor"
Messrs. Forrest and Johnson said that
the city solicitor had once given an opin-
ion that such an ordinance might be
passed as a police measure He wanted
TO know what was the matter and moved
that the city solicitor be heard.
Mr.. Turner said that when he drew up
the ordinance he said nothing about the
| Jurisdiction of the Street and
Sewer Department and Council
because he did not want to
raise controversy After the matter
was referred TO him, he carefully exam
ined the act creating the department and
found that Council had nothing TO do
with the streets 1t had very little to
do except to collect taxes The act Great
ing the Street and Sewer Department
should have been amended by the last
Legislature, because he believed that it
included more than the trainers of II
contemplated.
Mr. Johnson asked how council could
pass an ordinance regulating the speed of
the police patrol wagon, but not to pro
hibit cyclists riding on the sidewalks.
Mr.. Turner replied that council owned
the patrol wagon and not the bicyclists.
The opinion Of the solicitor was filed.
The city treasurer reported the balance
in bank TO current expenses to be 5000,
740 43 park fund, $40, i27 04 received Of
E. p. Moody, city tax collector, $4 246 53 /;
M. J. Mealey, tax collector, 81 $50; Chief
Engineer George H. Boughman, $l42, 80; ;
Plumbing Inspector f. f. Kane, $S;
Chief Of Police Swiggett, $50, Municipal
Court Clerk w. B. Hyland. $593 30
The petition of James Herschoek and
others to have cutters on Fourteenth
street over Eleventh street bridge
cleaned was referred to the Board Of
Health.
The pay roll Of members of Council
amounting to 1894 76, was ordered paid
The invitation from Dupont Post, G.
A. r., TO attend the coming reunion Of
the 124th Regiment Of Pennsylvania was
accepted.
The building inspector reported having
examined buildings to the value of
$40, 500, issued thirty three permits and
collected $l06 TO-
Mr.. Baugh offered resolution direct.
ing the drawing of orders for the fire
companies as follows; Friendship, Fame
Reliance, Delaware, Phoenix, Weccacoe
81 500 each Washington, 81 600; Chief
Engineer McCracken, 800 for salary
Assistant Engineer Kane and Hendrick
Mr.. McGonigal offered the following
resolution, which was adopted
Resolved, That this Council do hereby
authorize and direct his honor the mayor
to acknowledge certain deed, between
the mayor and Council of Wilmington
and the Lobdell Car Wheel Company, OF
land being the bed OF Christiana avenue
or G street heretofore conveyed to the
city for highway purposes, the same
being vacated for public use by the aci
OF General Assembly passed at Dover OIL
, April 26, 1889, and to deliver the sale
, deed to the city solicitor for transmission
to the Street and Sewer Department t,
await such further action as the said de
9 partment may see fit to take.
7 Mr.. Beale wanted the petition Of tn,
/ citizens Of the Ninth ward asking tina
the bed Of Market street be condemned
taken from the Law Committee and pu
in the mayors hands, because the cit
. solicitor would give no opinion. Afte
4 much discussion the solicitor was aske
/, for his opinion and drew a written on
X from his pocket, which read rs follows:
= ITO the Council
"GENTLEMEN: In the matter of th
4 petition Of the residents Of the Mint
N WdIA " Ahhthtb olAttlt ItitIIt
.s TO me for my opinion as to the questio
% of jurisdiction, would say that in m
/. opinion the Street and Sewer Depar
ment is the proper place for sue
petition Respectfully,
"H. O. TURNER, Solicitor
IS The petition was referred to the Sire,
B. and Sewer Department and further col
sideration Of the bicgcle ordinance W,
4 indefinitely postponed.
Bills were passed as follows John Nj
I Bride, $1l45S Patrick Dugan, 800 Il
/ John r. johnson, $ll0 i6; F. p Mood
= $500; Walter McEveley, 81. so; Villa
II Dollard, S43 50 Journal Printing Cor
pany, $53 So John Boughman, so; F.
= Crumlish, $216 90; William NJ. Field, f
park lands, $500; Mrs. Elizabeth Taylo
$46.50.
Y, Save YsuE Sight While You Cam