Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1890-01-10


awarded the contract to George @. Mar
shall, his bid and that of Messrs. Buck &
Co. being the lowest and best. The in
surance has been placed as follows: City
Hall and furniture, Home New York,
81, 600; premium, $2l; City treasurer
and auditors Office and furniture,
Westchester, New York, $4,000; pre-
MUM, 50; Tax Office and furniture,
Merchants, Newark. New Jersey,
81 300; premium $3.50; Old Academy,
Ninth ward Merchants. Newark, New
Jersey, $500; premium, &1.50i total,
81 800
This insurance is for three years, be-
ginning on January l, 1890, and ending
on January /, 1898.
'IsAAc DILLON
"AARoN S. BEALE,
"THoMAs JOHNSON.
An Opinion on the Biennial Bill.
Mr.. Beale Of the Committee on Law
presented the following opinion from the
city solicitor, which was received and
filed:
''WILMINGToN, Del, Jan. /, 1890
ssTo the Council of Wilmington
GENTLEMEN: By resolution of your
honorable body, copy of which is affixed
hereto, my opinion has been asked as to
how vacancies occurring in your honor
able body should be properly filed, under
the provisions of the act of April Is,
1899, entitled AN act to amend chapter
229, volume II, Laws of Delaware. This
act, among other things, changes the
membership of Council from twenty-five
TO thirteen members, and provides that
there shall be no city election in June
1890, when there would have been a city
election had not this act been passed,
thus leaving by special provision no cleo
tion for city officials until June 1891. Ii
also provides that the members elected
at the city election in June 1888, shall
hold until June 80, 1890, at which time
their term Of Office shall cease and deter
mine, the law especially providing that
no successor to them shall be chosen.
AT the city election in June, 1889, one
member from each ward ia addition to
the member elected in the year proceed
ing were chosen for the term of two
years, their successors to be chosen at
the city election in June, 1891, the first
city election provided by law after the
city election in June 1889, at which city
officers can be chosen.
In my opinion as far as relates to the
time between the first Of July 1891, the
Council is one continuous body all the
members of which have an equal right
during the continuance of their resDec
tive term of office to vote upon any ques
ton properly arising before the Council.
The fact that the term of twelve council
men are limited by law to expire on the
18th day of June, 1890, and that no pro-
vision of law is made to elect their sue
cessors, does not abridge any Of
their rights and privileges to vote
upon any question properly arising
in Council before that date.
The Council is simply one con-
tinuous body, starting out on the 1st day
of July with twenty-five members ana
dropping half Of its membership by pro
vision of law in the year 1890, and con-
tinuing up to the first day Of July, 1891.
with a membership of thirteen. 1t will
readily be seen that any vacancy occur
ing in your honorable body by death
resignation or otherwise cannot be filled
by any city election occurring before the
year 1891, because the law provides there
shall be no such election. Taking this
act and constituting section II of the city
charter in connection t@erewith, it is my
/ opinion that all vacancies occurring in
your honorable body should be filed
by your honorable body for the unexpired
term, and that each and every member
Of the Council for the time being
is entitled to cast his vote to fill such
vacancy. Thus should a vacancy occur
in the case Of any one of the members
whose term of Office would expire by the
first day of July, 1890, each and every
one Of the twenty four members of
Council be entitled to vote for successor
to FIJI the unexpired term up to and in
GLIDING the 30th day Of June, 1890, and
should any one Of the members Of Council
who were chosen at the city election in
June, 1882, vacate his Office by death or
otherwise ct any time up to and includ-
ing the Both day of June, 1890, then it is
the duty of the Council to fill such va
cRncy for the unex pired term, and every
one Of the remaining twenty four mem
bers Of Council has an equal right to vote
thereupon.
THE case of James A. Magee, Esq.
elected to fill the unexpired term Of
James F. McGonigal. Esq, deceased, is
in point: Mr.. Mages was properly elected
for the unexpired term, and in making
the selection each and every one of the
twenty -four members of Council was
entitled to an equal voice therein, not
NlbdSldIuiuB tuo AdCb bAhb tuo both "a
office for which Mr. McGonigal was
elected extended year beyond the time
/ at which the terms Of office of twelve
members of Council by due course OF
law expire. This is to my mind the only
view which win give proper effect to all
the provisions Of law now existing with
relation to the filling Of vacancies in the
the membership of Council Hoping that
have made this matter plain, remain
with great respect, your obedient servant
HENRY Q. TURNER,
City Solicitor.
The BIZ for Hauling "DrunlSs."
While the bills approved by the Polio,
Committee were being read Mr.. Roberts
inquired about one from the Wilmington
Transfer Company for $50 20, for carry
ing "drunks" during last year, and asked
why there were such charges, when the
patrol wagon was provided for such I
purpose Mr.. Ayars wanted light on th'
subject also. He said the Police Commit
tee was tired of having the bill on 1t:
hands and had concluded to pay it.
Mr.. Roberts moved to refer it back t.
the Police Committee Mr.. Mccall and
Mr.. Sharkey spoke on the bill.
Mr. Ayars said he wanted the member
from the Tenth ward (Mr. Sharkey) t.
understand that the committee desired
no foreign influence. It was capable Of
attending to its own business. Mr.
Si,arsey responded by saying something
about members not being afraid to speal
their mind