Daily Republican., 1889-08-10
ORDERED PAID.
CITY COUNCIL iNSTRuCTs
THE BANK.

ion of City Solicitor Turner
MIR. Hawkins Scores
Turner.
An adjourned meeting of the CITY
| council was held last night to take some
| action upon the complicated Sl2o,C Geo
| check trouble. All tile members were
present except Messrs. Coloy, johnson
and Mccall,
| Mr. McGonigal then presented the fol-
| lowing report from the majority of the
| Finance and Law Committee combined
which was read:
WILMINGTON. Del, Aug. 0, 1889.
10 the Honorable the President and Mem
| bers of Council.
| GENTLEMEN; The Joint Committees OF
| finence aud Law, to whom was referred
the communications of the Union Bank
and the Directors of the Street and Sewer
Department, would respectfully report:
| That, with knowledge of the feelings
OF Council In matter of division of
lhe city funds, gained from history of
It's actions from the time of Its refusal to
| divide them to the present, your commit
tee, from legal auvices obtained, have to
recognize the fact that what Is known as
the &C street rider"-no matter how
much to be deplored or by what means
Passsd-it passed by presumption, and
until otherwise determined by the courts,
we feel constrained TO avoid any steps
| towards litigating the subject on account
OF the great expense, Inconvenience and
| confusion that might follow.
AS the communication of the Union
National Bank requests Instructions as to
the disposition Of the check for $l2O, 900
to the order OF the Directors of the Street
and Sewer Department, your committee
would recommend to your honorable
body tie following resolution:
Resolved, That the Union National
Bank be and Is hereby directed TO honor
the check for Sl20. 900 to ihc order Of the
directors of tie Street aud Sewer de-
Iartnent or t, cir appropriation for the
fiscal year Of 1SS9-lS90.
-. JAMES +. McGoSiaAL,
"PnILIp r. SHEA, -
"Finance Committee.
I'D. A. FoRKEsT,
"F b CoL1oS,
"lsAAc DlLLIN,
LAW Committee"
Mr.. McGonigal moved that the report,
with the resolution attached, be adopted.
Mr.. Mckinney asked II there was not
minority report, but there was no re-
spouse.
Mr.. Roberts called for the reading of
the report OF the ccmmittee OF inyestiga-
tion on the Sc" street rider blll.
Clerk Messick hunted up the report
and read 1t.
Mr.. Roberts asked II there was a MI
norlty report to be presented.
MIR. Mckenney, after having looked
over MI. McGonigal's shoulder, ead
there was one, but he guessed 1t was
pigeon -holed." "
Mr.. Chambers asked that the opinion
oil the city solicitor be read. The cpin-
ion was eS follows:
WILMINGTON, Del, Aug. o, 1889.
To the Finance and Law ommittees of
the Council OF Wilmington.
GENTLEMEN: At d meeting of the
Law and Finance eommittees, held this
afternoon, the communication of the
Board OF Directors OF the Street aud
Sewer Comm ission and communication
( ON 10 Dnio nSational Bank In refer
ence to the pfotes ted check OF the city
| for Sl2O, 600 were handed to me aud my
| advice as legal adviser was sought as to
| the course proper 10 be pursued In the
matter. The facts are; A check drawn
on the Union Nat onal Bank for Sl2O, 600
heirg tho annual appropriation of the
Street anl Sewer bdpsrtment FIR til,
eurr Mt riseal year made u the order of
| the three directors OF that department
and sign.d by the proper officers al tho
city, by di;ec;ion OF Council wa. by the
said directors, properly endorsed and de-
posted With the Security Trust ard Safe
Deposit Company, On the 9Th day OF the
present month the treasurer OF that com.
pany prestnted IL at the Union National
Bank ior payment, and payment was de-
clinei. AL erwafds, on the same day,
the signatory parties to The check. to-
gether with the chairman OF the Finance
Committee, uhitsd In letter to the
Union Bank, asking them TO decline raw
ment OF said check. On the came day
the check was again presented ard paw
menl was ain declined; upon which at
3 O'Clock the check wac protested. In
the communication which is addressed to
ytuf honorable body by the Union Ma
t!onal Bank they admitted the possession
of public funds to meet the check, and
shielded themselves from non-psyment
by the use Of tie letter signed by the
drawers OF the check ard above alluded
TO, and they only desile to know the
wehes OF youf honorable body in the
mat Ell.
The naked question is shall the Cour-
ell ratity the act OF the drawers OF the
check and request the Union Eank to
persist in Its deciination to pay sald
check, or sLall the Council dire. the said
tank 10 honor said check. There can
only be, 10 my mind, one course to pur-
sue In this matter. The appropriation
for the Street and sewer Department for
HE current fiscal year was duly made
pursuant to law, and In passing that
check for Sl2U, 600 the Council met all
the substantial requirements OF the law.
The Council had placed the Street aud
Sewer Department, as far as 1t could, In
posse ston OF the funds which the law
authorized said department TO cxpend,
Gnd which funds the : ulcil was by law
bound to provide. Having dcne this
nothing more remained for the Council
to do. Council has under the present
STATE of the law nothing whatever to 20
with the queston of deposit of that
money. The laYfsegulates that nj tier
and leaves 1t under he control, praeti-
caliy, OF the etfaats and Sewer depart
mrnt, and whatevefmay be the opinion
as 70 the validity or non-yalidity OF the
legislation by which that was accom-
plisled, the facts still remain that 1t is
The law until otherwise determined by
the courts.
There are other courses by which that
determination can be obtained, which do