Daily Republican., 1890-01-10

~o"'s" ""geo I.eshHy Elected -
Prisoners Hack Biu Takes the Place
OF the Prisoners Grub Bili-sharp
Word. Between Councilman shnrkey
and Councilman sawdon.
A regular meeting Of the City Council
wss held last night, all the members
being present except Messrs. Ayars,
Chambers aud Coley.
On motion Of Mr.. Shea Hoald & Go.
were refunded $nl.02 overpaid taxes.
Mr.. Dillin presented lha following re.
port on insuring the pubic buildings:
Your Public Building Committee,
acting under a resolution pasted by your
honorable tody on December 10. 1889,
asked Tor bids for insufiug the different
city huidings and furniture. They re-
ceivtd bids from the various agencies
aud after carefully considering the same
awarded tho contract TO George g. Mar
SHALL, his bid and ttat Of Messrs. Buck i
Go. being the lowest aud best. The in-
surance has been placed a. follows:
CITY Hall and furniture, Home, New
York, ", GOO; premium, e2l.
City Treasurer aud Auditors Office
Nu iu' h't"tes NeStcueeter, W. IL
~, 00o; premium, 80.
Tax office md furniture, Merchants,
N. j., u 800; premium, $3.50.
Old Academy, Ninth ward, Merchants,
\. j., 5000; premium, 81 80. Total in.
surance, Oil 800; total premiums, $50. 40.
THIS insurance Ia Tor three years. from
Janusry |, 1890, to January l, 1893.
The Law Commi,tsc repor,ed the iol
lowing opinion OF tn, CITY Solicitor on
the election OF er from the Fourth
ward.
WILMINGTON, DEL, January 1890.
"ro thc Council OF Wilmington.
"6ESTLEMEN. By resolution of your
honorable body, q copy OF which is
affixed hereto, my opinion has been asked
?s to how vacancies occurring IN your
honorable body should be properly filled
under the provisions OF The act Of April
*. 1889, entitled AN act to amend chap
ter 229, volume II, Laws OF Delaware.
This act, among other things, changes
the membership Of Council from twenty.
ave to thirteen members, aud provides
that there shall be no city election in
June, 1900, WHEN there would have been
n city election had not this act been
passed, Thu, leaving BY special provision
no election I city officials until June.
1891 II also provides that the members
elected al the city election IN June, 1888.
shall hold uutil june 80, 1890, at VIII ch
time their term oi oihce shall CEASE and
dttermiue, the law especially providing
that no successor to them shall be
chosen.
"At the city election In June, 1859,
one member from each ward IN addition
10 the member elected in the year pre-
ceding were chosen for tho term OF two
yeus, their successors to DC chosen at the
city election In June, 1891, the first city
election provided by law alter the citr
election in June, 1889, at which city oiii-
GERS can be chosen.
sln my opinion as far as relates to the
time between the frat oi July, 1891, the
Council Is one continuous body, all tho
members OF which have an equal right
during the continuance of their respec-
tive terms OF Office to vote upon any
question properly arising before the
Council. The fact that the term OF
twelve Coincilmen arc limited by law
to txpire on the 18th dav of June, 1870,
and that no provision Of law 10 made TO
elect their suceessors, does not afridge
any OF leir rights aud privileges TO vote
upon any question properly arising in
Council before that date. The Coun. II
Is simply one continuous body, starting
out GU the lst day oi July with twenty
tive members aud dropping half OF It's
membership by provisions OF law IN the
year 1890, aud continuing up to tho lst
day OF July, 1871 with u membership OF
thirteen,
at will readily be seen that any va
eAacy occurring In your honorable body
by death, resignation or othsrwis Use 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 construiuy section IL
of the city charter In connection there
With, 1t is my opirion that all vacancies
occurring in your honorable body should
be filled by your honorable body for the
unexpired term, and that each and every
member Of tn, Council for the time being
is entilled to cast his vote to I'LL such
vacancy. Thus, should . vacancy occur
IN the case OF any Que Of tho members
whose term OF office would expire by the
first day OF July, 1890, each and every
one OF the twenty -four members OF Coun-
c,l be entitled To vote for n successor to
ill the unex pired term up to and includ-
ing the 30th day of June, 1890, aud should
any one OF the members OF Council who
were choscn at the city election In June,
1889, ,acate his Office by death or other
wise at any time up to and Including the
Both day Of June, 1890, then it is the duty
Of the Council to MI such vacancy for the
unexpired term, and every one Of the
| remaining twenty-iour members of Coun-
ell has an equal right TO vote ihureupon.
"1he case of James A. MaRee, Esq.
elected to I'LL the unexpired term OF
James +. McGonigal, Esq, deceased, is
In point: Mr.. Magee WAS properly
elected for the une1pired torn and In
making the selection each and every one
Of the twenty-four members oil Council
was entitled to an equal voice therein,
notw outstanding the fact that the term OF
office for which MIR. Mcdonigal was
elected extended ytar beyond the time
at which the terms OF oillce ot twelve
members of Council by due course Of law
expire This Is to my mind the only
view which will give proper effect to all
the Droyitions of law now existing with
relation TO the filling OF vacancies IN the
membership Of Council. Hoping that |
have made this matter plain, | remain,
with great respect, your obed !ent servant,
"HENRY G. TURNER,
City solieitor.'
When tie bill of the Wilmington
Transfer Company WAS presented, en-
dorsef by the Police Company for $50 %,
Mr.. Roberts criticised the bill and said
hc wanted to know something more
about 1t. He thought the patrol wagon
was to do away with all that expense.
Mr.. sawdon said the Police Committee
was Just rs much puzzled to know what
to do with the bill as Mr.. Roberts was.
1t had been on hand for long time and
the committee was tired of 1t and want
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