Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1890-01-16
CITY onnnnLL nBrrlna.
AN opinion Ola tho Election b
EIrnIbers-ShErp Questioning 0f


The fDapoe committee at Thursday
nights meeting OF Council, reported fkv-
orsbly on the petition of HeGld Il Co.,
for the refundirg Of S6I.e2 0verpsid tax.
Adopted.
The public buildings committee re-
ported thet inHufances had been effected
on public property through George O.
Marshall, hls proposal having besn the
lowest aud best. Tho insutgncsa placed
wnre for term OF three years ~ follows:
City Hall and furniture. Rome Insurance
Company, New YORK, $1,000; premium,
$21; city trsRsurer and auditors Offices
and furniture, West Chester Company,
New York, $4,000, premium, 90; tax
oilioe and furniture, aEorehants' Company
of Newark, N. j., 8l,3aO. premium,
$3.50; Old Academy, Ninth Ward, same
company, $3.50, premium, $1.50; total
insurance, fll,S0o; total premium,
S35.4o The report was adopted.
The following opinion from City So.
licitor Turner, relative to Councils right
to flo for the full term the vacancy
caused by the death of MIR. MoGonigal,
to which Mr.. Hagen was elected, was read:
At the city eiection In juno, 1889, ono
memper from each ward in addition to the
member elected IN the year preceding were
chosen for tho term OF Two years, tleir sue.
csssors to be chosen at the city election IN
June, 1891, the first city election provided
by llT after the city election IN June, 1853,
at which city officers can be chosen,
Iu my op!uion as fur as relates to tho
time Between the flrst of July, 1891, Tia
C0upcil Is one continuous body. all the
members of which have IN egunl right
during the continuance Of their respective
faR Af off n
properly arising before the Council. The
fact that tina term OF twelve coune.lmou are
limited by law to expire on the 18th day of
June, 1890, and that no provision of Law Is
made to eject their successors, does not
abridge any of their rights and privileges 10
vote upon any question ptopery arising In
Council before that date. The Council Is
simply ono continous body, starting out on
tbs LIST day of Jul7 with twenty-five MEM
hcrs and dropping half Of Its membership
by provision OF law In the yenr 1880, and
continuing up to the lat day of july, 1891,
with membership of thirteen. It Will
readily be seen that any vacancy occur
ring In your honorable body by death,
resignation or otharwise cannot be
filed by any city election occurring barore
the year 1891, because the law provides
there shall he no such election. Taxing this
act and constituting section IL of the city
charter IN connection thereTith, 1t is my
opinion that all vacancies occurring In your
honorable body should bs filed by your
honorable body for the unexpired term,
and that each and every member OF Council
for the time bslng Is entitled TO cnst his
vote to fill such vacancy. Thus should %
vacancy occur IL the case OF any one OF tho
members whose term of office would expire
by the first day of July, 1890, each and
every one Of the "a members of Council be
entitled to vote for a successor to fill the
f.aVp tp nd fDRl Ia ti.aN
Both day of June, 1890. and should any one
OF the members OF Council who were
chosen at the city election In June, 1889,
vacaie his office by death or otherwise at
any time up to and including the 31th day
OF June, 1890. then 1t is the duty Of the
Council to fill such vacancy for the unex-
| pired term, and every one OF the remaining
| to vote thereupon.
The case of James A. Mngee, Eaq.,
elected to fill the uuexpired term OF James
+. MeGontgal, Esq deceased, is In point
MI. Magee was properly elected for the un-
expired term and IN making the selection
each and eyery one OF the "a members OIL
| Council was entitled to an equal voice
therein. notwithstanding the fact that
the term OF Office for which Mr.
McGonigal was elected extended q
year beyond the time Rt which the
\ terms of Office of 10 members of Council
by due course Of law expire. This is tc
my mind the only view which will give
! propsr effect to all the provisions OF Law
now existing with relation to the filing Of
vacancies In the membership of Council
| Hoping that have made this matter plain,
remain, with great respect, Your obedlent
servant,
HENRY O. TURNER, City Solicitor.
The opinion was ordered to be filed.
The bill of the Wilmington Transfer
Company, $59a5, for hauling prisoners
to the oity hall attracted some attention
Chairman SRwdon of the police commit
tee said ho would like to know why the
Transfer Company's teams were called or
now that tho city has patrol wagon. He
said the company had been notified no
to send out any more teams for thin pur
pose. MIR. Cnrren said the portion OF thu
bl!i contracted sinoe July 4th, when th,
police patrol went into service amounted
to S3i 40. Mr.. Sharkey insisted that I'll,
committee ought to have locked into III,
bill more closely before recommending
i,s payment, and Mr. Saracn retortec
that the coDElittss knew its EusineHs ant
wanted mo foreign Influence"
Sharp Inquiries were made as 20 why
tho SIanFtel teams ahould have besn sm
ployed since tho patrol wagon was pu
into service. "It would take tOrty men,
replied Chairman sawdon, "to keep az
with tkese police" He said one hoFs,
and wagon could not cover the entirt
CITY all the time, and hS had no dcub
the hill Wgs correct.
Finally. the bill was reoommitted Il
the police committee for further investi
CATION.
The city treAsurer'B report showed
halaucs III nauk OF S13l S75 I5 and re
ceipts far the week as follows COLLECTOR
Moc1y, 81 $50; Collector Mealey, S225
Board OF Water CcinlniasionsrE, Sll,
: St4 AZ; City Auditor Newell, $500; Olerl
of Municipal court Hyland. $5nl. .65
Plumbing Inspector Kane, ;S450; Uoun
Gilman Willism q. Bsugh, salary re
turned, Sii 80.
A communication from the Water Com
missionefs, announcing the transfer I
the city OF the depnYtAant's surplus 70
1889, amouniing to alI,8ti.42, was rea
and referred 10 the hnaupe committee.
! hIr. Baugh offered fe1olufion ravek
ing tho contract between tho oity and tn
Wilmington Transfer Company for haai
ing prisoners 10 the police Rto.ioa en-,
Gira0.!ng the chief Of police to inGur n
athnc expense for this sofVica beyond th
cost Of she patrol wegon. Adop cd.
MIR. Mckinney offered resolution ~
thoyi%.ng sao committee GO accounts to I
! fuse 20 approve bills FOR stationery and lik
: supplies unless thsy RrB sccpmpnnlea b
i sn order from The chairman u tho som
rlit.oe or the clerk OF Council. Adopta
, and the cierk directed to send copies !,
, INC different departments.
! Mr., Iswaon Uffar9d resolution raci
) ing the fact that Standing uommittesg {
Council are ohosnn annually, after II