Evening journal., 1889-08-10


IL Is the Union National Bank and not
this municipal corporation which has the
pecuniary interest at stake and which
should, il anybody should, seek
the determination Of the courts. The
Council should not, In my opinion, b.
sustaining the action of the bsnk. plunge
this city into what would seem to be no
end of litigation, stoppage of city work,
embarrassment of business interest, and
confusion in the municipal government.
Every interest In the city forbids such q
course. The one plain thing is to direct
the Union National Bank TO pay that
check, which | have no doubt they will
promptly do. This is the first time, as
believe, in the history Of the government
of this city that its obligation has eve.
been dishonored, and IL is very eviden
to me that the dishonoring OF
that obligation was done wih
the hope that the Council would
approve OF the act and that the
municipal government would take up the
fight over the question Of deposits leav-
lug the bank, which has the oriy sub
stantial pecuniary interest In the matter,
passive speculator. This. | I'm most
emphatically Of the opinion, should not
be
In conclusion | again state IL as my
opinion that the proper course to be pur
sued by the Council is the passage of a
resolution directing the Ur'on Bank TO
pay the check for Sl20, GOO without fur
ther delay. Very respectfully,
HENRY G. III ,NER,
City Solicitor.
After the reading Of the city solicitors
opinion, Mr. McKenney said he insisted
on the reading Of the minority report,
which the chairman Of the Finance Com
mittee (Mr. NJ cGonigal) had in his posses
sion.
Mr.. Chambers said that until the report
was produced, he would state that the
hitch was on the word 'direct Ito
direct the bank to pay the check. He
would vindicate the Oank for hesitating
TO pay the check until il could hear from
| Council. He did not blame the signers Of
/ the letter, under the circumstances
| They knew Counc Is wishes in regard to
changing the deposits and did not
realize that they were exceeding
their authority. Council had
ordered the check paid by having it
drawn. and while he wanted to see the
check paid, he did not think G ouncil had
any right to dire 1t the bank to pay it
because It had never directed it not to.
Mr.. Chambers thought Council need take
no further action in the matter 1t must
be determined by the courts.
Mr. Roberts next made a speech OF
half an hour. He reviewed the whole
fight over the city deposits from last
winter to the present time, and egfoed
with MIR. Chambers that Council could
do nothing in the present matter. Ht
expressed bis adherence of commissioner
in general and of the Street aud Sewer
Department in particular, and vigorously
condemned the actions of al who hat
a hand in passing the &c street rider.
Mr. Roberts did not know exactly how Il
vote, but he wanted to be right. He di'
not think he could vote for the report.
The Minority.
Mr.. McKenney then presented tn
minority report, which was as follows;
To the President and Members Of Council
GENTLEMEN: Your Joint committee
composed OF the Finance and Law Com
mittees, to whom was referred the com
mrnications from the Union Nationa
Bank, asking instruction in regard Il
the payment Of a check for $120, 00l
drawn TO the order Of the Board Of Direc
1
would respectfully report that, in thu
opinion of the committee, the check wa
made in accordance with resolution o
Council, no further action is necessary.
SAMUEL CHAMBERS,
Finance Committee.
DANIEL McKENNEY,
A. S. BEALE,
Law Committee.
, Mr.. Chambers moved that the minorit
report be adopted as a substitute for tn
majority report
Mr.. Lawson said that Council ha
already instructed the bank to pay tn
check, and no further action was neces
/ sary.
Mr.. McGonigal said it made little dii
= ference which report was adopted
d If Council did nothing the bank woul
pay the check The bank knew of Ia
5 method by which the 20 street rider" ha
been passed aud also of the investigation
and notified the gentlemen who sig lie
+ the letter. They stopped payment o
the check on their own responsibility, S
' Council could consider the matters.
!. The motion to adopt the minority II
( port as a substitute for the majority r,
port was then lost by dangerously clos
g viva voice vote.
e Another Substitute.
Mr.. Lawson offered the following as
u substitute for the resolution in the mi
e iority report
g Whereas, City Council having at il
regular meeting, held July %, 1SS!
/ unanimously passed an order in favor {
d the Street and Sewer Directors amount
! ing to $120, COO, this sum being appr'
!, priated to them by this Council (Ssi
q body being created by an act Of the Ger
. eral Assembly or Legislature Of the Stat
J, of Delaware)
y Whereas, The officers of the Unio
y National Bank having refused to hone
70 such order or check notwithstandin
, unanimous instructions from this CouT
g Gil to pay said check, through the adviC
q of the president Of this Council, tn
n chairman Of the Finance Committee, cit
70 auditor, city treasurer and clerk {
. Council, who acted upon their own il
Q dividual responsibility, in which Counc
70 does not acquiesce, this Council deem
y N their Judgment that further actio
!, in this, on their part, would be supe
u fous."
= II was lost by the following vote: Ay,
y -Messrs. Beale, Chambers, Currai
Hawkins, Lawson, McKenney, Perkin
Roberts, Nays-Messrs. Ayars, Baugl
> Cotton. Davis, Dillin, Forrest. McGoniga
Ryan, Snea, Sawdon, Sharkey, Wand
y grift, White, Farra-14.
" The Majority Report Adopted.
"A IN 4ba .-oto -, 4l,a ,.-4 ..sx,aI .,,.4fo,, ~