Evening journal., 1889-11-15
IA COUNCILMAN ELECTED.
BUT REPUBLICANS RAISE A NEW
LEGAL POINT.
swIgeett's swag Turned Over to the City
Treasurer-A Long Discussion over Con-
dieting Laws Relating to the Election of
s.....t,,,,.,


Councilmen.
At the regular meeting of the City |
Council last evening the Finance Commit |
tee reported favorably on the petitions of |
w. a. Stoops and Andrew M. Morrison |
for the return Of overpaid taxes OF So. |
and 81. 80, respectively Orders were dt- |
rected to be drawn for the amounts.
City Treasurer r. r. Griffith reported |
balance in bank to the credit of current
expenses of $144, ,S09 %; park fund,
81. 500 04; received Of Martin ]. Mealey,
$3.50.
Mr.. Davis presented communication
from Harry Schuler, clerk of the Engi-
neering Department. that his salary be
raised from 1920 to 81 900 year, on the
ground Of increase of work in the de-
partment. Referred to the Finance and
Law Committees.
Chairman Finance Committee.
Council went into a nomination and
election for chairman of the Finance
Committee for the unexpired term Of
James +. McGonigal. Mr.. McKenney
nominated Philip r. Shea and Mr.. Mccall
nominated Samuel Chambers. Mr..
Chamber withdrew and moved that Mr..
McKenney cast the vote of the Council
for Mr.. Shea. This was done and MIR.
Shea was declared unanimously elected.
Mr. Ryan presented communication
from Charles +. Sparks, Jr., secretary,
inviting the members Of Council to
attend the chrysanthemum exhibition
given by the florists Of Wilmington in
the Odd Fellows Hall Members were
invited for last evening. The invitation
was accepted.
The Sandwich Sway.
The following communication from
Mayor Harrington was presented by Mr..
Ryan
TO the Council.
Il herewith transmit to you for what
ever disposition you may sec lit to make,
a check drawn by William Y. Swiggett
to the order Of the mayor and Council
for $46S 50, which was enclosed to me
/ together with his resignation as chief of
police. This check represents the gross
/ amount of money which was received by
Mr.. Swiggett from / sasc G. Pyle as graf
uities from the first day of July, 1888, to
the present date
| austin HARRINGTON, Mayor.
Mr.. Ryan moved that both the commu
nication and the check be accepted, and
! the check be turned over to the city
treasurer. The motion prevailed unani-
mously.
Mr.. Dillin moved that Council 60 into
a nomination and election for a mem Der
of Council from the Fourth ward to fll
the vacancy caused by the death of James
F. McGonigal.
Mr.. Lawson moved to amend by substi-
tn sing the words "the vacancy in the
present Council" "
Mr.. Dillin said that this Council ex-
pired in June next, which Mr.. Lawson
said was exactly right. Mr. McGonigal's S
term expired in 1891.
Mr. Chambers explained that the char
ter provided that, in the case Of vacancy
a member should be elected for term
extending until the next election, which
was held annually. The Legislature Of
1888 amended the law, reducing the
membership of Council to twelve, but
did nothing to conflict with the charter
in that respect, and although
J there will be no election until
1891, a council of twenty-five has nc
right to elect a mem Der of a new council
of twelve. The charter did not intend
that council should elect o member for ar
unexpired term, but until the next cleo
tion, which the charter provided should
be in 1890.
Mr.. Dillin withdrew his motion and
moved to refer the matter to the Law
Committee to obtain the opinion Of the
city solicitor.
/ Mr. Lawson then said he would not
insist on his motion.
Mr.. McKenney said that he could moi
see how Council could do as Mr.. Lawson
wished. There would be no election
until 1892
Mr. Chambers said the new Council OF
twelve members should elect their owr
colleague.
Mr. Roberts said it was presumption in
this Council to elect, when the new Coun
ell should have the selection of col
league.
Mr.. McKenny said that this Council
certainly had a right to fill the va
caney. Mr.. McGonigal was elected fol
two years,
Mr.. Coley thought it would be wis'
policy to postpone the matter for on'
week.
Mr.. Ryan asked for the reading Of sec
! tion IL Of the city charter, bearing on tn,
! subject, and then moved that Council e,
into an election TO fill the unexpired tern
? of the member from the Fourth ward.
+ Mr.. Lawson said he would then insist
on his amendment of an election for /
member to fill the vacancy of the pres
ent Council.
Mr.. Chambers called attention TO thi
fact that the laws of 1887 and 1889 con
fiicted with the charter, and the opinion
{ Of the city solicitor should be obtained.
An aye and nay vote was called for
| The question was on Mr.. Lawsoni
, amendment, which was lost by the fol
lowing vote. Ayes-Messrs. Chambers
Coley, Cotton, Hawkins, Lawson, Mccall
Perkins, Roberts-6. Nays-Messrs
t Baugh, Beale Davis, Dillin, Forrest
McKenney, Ryan, Shea. Sawdon
q ShRrkey, White, Farra-1S.
q The motion to refer to the Law Com
! mittee was also lost and Mr.. 'Ryan's motion
to SO into an election adopted. Party
votes Of 10 to 8 were taken on boil
motions, Mr. Beale voting with the Re
I publicans.
Mr.. Ryan nominated James A. Magee
and Mr.. Roberts nominated John Turne
4 for the term Of Council expiring on June
: 80 next. The chair declRged Mr.. Roberts
! nomination out Of order and he withdrew
J.. it. Most of the Republicans voted blank
The result was as follows Magee. i
. votes; blank, 6; Turner, /. Mr.. Mage
: was declared elected for the unexpire'
term of James F. MeGonigal
Council then went into an election fO
a member OF the Finance Committee
Mr. Hawkins objected to Mr. Shea cast
= ing the vote q Council aud /. ballot wa