Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1890-03-20
STATUS OF A CITY 0FslCER
CITY s0LI0IToR TUENER Dr.
LLYBRS q RhIrTEN OPINION,
city Conncii Cnntrois tho Clerk OF
the MARKET UnIii Further Notice,
aud II is COuncIs,s DUTY TO Fly
Mis Sa,ury.

A portion of Thursday evenine's a session
OF City Oourc Gil WAS occupied by Council
man Roberts OF the Fifth ward, iu stating
his opinion of, and objeciions to, the
opinion of City Solicitor Turnag on the
status OF tue clerk of ths market, which
Mr.. Roberts had asked for in resolu-
ton.
The opinion from which Mr.. Roberts
differed so strongly was reported from
the law committee and is as follows
BF a resolution of your honorable body
passed at tho city hail, n copy of which is
annexed hereto. my opinion In writing has
been sought in answer to certain questions
relative to the oi1ie. Of clerk OF the market
OF this city. l have the honor to transmit
TO your honorable body as reply to tue
questions pro- onnied my vlewa ss follows:
To the f1rgt question ! would reply that
there is no ouch oillee rs clark Of the street
market. There Is an officer, however,
called clerk of ths market, one OF whose
duties II to exercise public supervision over
the public street. markets OF this city,
as far as relates to the public street
market. Tha Department of Streets
and Sewers may at any time abrogste
the functions OF the clerk OF the market
and place such street markets under
such other control as they may Gee
fit, but until some such change Is made the
supervision OF the street markets remain
one of the duties OF the clerl; oftne market.
This, however, does not make the clerk OF
the market an employs of the Street and
Sewer Department Ia the sense that they
can te miuats his term OF Office, as such
clerk OF tho market, for he has duties to
perform unconnsoted with the public high
ways, suoh rs Inspection OF mlnrs aud the
regulation of weights and measures, with
III At.
has nothing to do. the Office of the clerk
Of the marker is properly under the control
of the Council OF this city and he would
hold his term OF otfiea aud the Council
would have to pay him his salary as by laws
regulated II the StresS and Sewer Depart.
mant tomorrow decide to put the street
markets under other control.
10 the second question l would reply
that all moneys @. llectsd from the public
street markets. and all accounts relating to
tho same should be paid and transmitted to
tha Street and Sewer Dspartmen other
moneys TO hs paid to the city treasurer for
the benefit OF the general lund.
The third and the fltth questions are an
| sTered In my reply above TO the FIRST quss-
tlon proponnded In said resolution. To { Q
fourth question would reply that whore
suca y0fficers are wholly under the control
OF tho Street sud Sewer Dspnrtmsn and
so connected with the proper carrying out
of the provisions OF this law creating said
| department, the Council Ia, of course not
bound to pay their salaries. Such an officer
however, in my opinion, is not the clerk Of
! the market.
Respectfully submitted,
H. O. 9UaNER, City Solicitor.
Mr.. Roberts Thought that the CITY
solicitor had evRded the question, In not
telling whether the clerk of tho market
was under the CONTROL of the Street nnd
Fewer Department or of the Council. Mr..
Roberts was not at all satisfied with the
| opinion, which no characterized as eva
siVe, &o. He read portions of an opinion
Of City Solicitor Ball and srNued, per-
baps without knowing it, that TIE clerk
of the market was controlled by the
Street aud Sewer Department, and su-
psared 10 be angry that the city solicitor
had not so stated in his opinion. Mr..
R0beris placed his ''common sense
| opinion" against that of the city solicitor
and talked for some time in On excited
manner.
Mr.. Sharkey argued that the opinion
was fair. Until the law changed, ths
olerk of the market was under the con-
tfol Of Council. Mr.. Sharkey wondered
why MIR. Roberts was so worried about
the matter. 1t was gosd Office and he
would probably want it himself after
July 1st.
Mr.. Roberts retortei that Mr. Shsrkey
| did not know what he was talking about.
| Then he sailed into the opinion again
ard became sarcas.ic 10 his criticisms.
He asserted that Council paid au officer
over whom it had no control and who did
not pay the money be collected over to Il.
The motion to receive and flo the
opinion wes carried, Mr. Roberts only
voting no.
City Treasurer Griffith reported q bsl.
Rnos in bank 10 the credit of current ex-
penses OF 800, 1888 Sc; psrk fund,
| 50 464.Ol. Reeeved of z. P. Moody,
! sl,370; Martin j. Mcsley, $500; W. Is.
| Hylsnd. CLERK of the municipal court,
| lnes, fees and costa for January, 1868 60;
| iinea, tess md costs for February ,S7OS 80;
unclaimed witness fees for December, 81;
for January, $3.50.
The yeporta OF the clerk of the munich
pal court for January and February were
received and filed.
The petition of John Backua for ovsy-
| paid taxsa was referred to the finance
committee.
communication from the Park Com
mission acknowledged the recsipt OF the
| resolution relating to q PARK in Seuth
Wilmington.
| Au order was directed to bs drawn 20,
SS jIa 80, tho March appropriation for
the Board of Education.
| Edwin II. Gayley, whose term as men,
bsr of the sinking fund commission had
expired, was reelected to ill the posi-
lion. .5
A resolution, introduced by Mr.. Bsugh,
inssuoiing the police committee to go to
| Phiiadeiphie and inquire into the cost of
| Il police patrol station, was adopted.
| An order was djrsoted to bs drawn in
favor of George Houston for S13 6S, in
lien OF check returned, which was
drawn in favor Of w. II. White, who is
not in the oity.
Bills we're passed as follows:
Lillian Collins, $l4q.1O; Fred Winchester,
sl0i,T; Thomas Fagan, S417.Sl; Eliza
| Ftazer, Sll,6D; j, IL. Solomon, Si7.25;
James Mllls, S22,50; ID. A. Forrest, IS SO;
j. II. Gooding, Si2; L. A. Carswell, $l5;
! Alexander II Wells, 1850; Dautel hle.
kanney, si.40; II. Il. Kelley, $40; WY.
Swiggett, tSl.l4; III, +. ksllry, 20; Jacob
DsficksOn, SS; Hannah Wood "A; A. u.
sterling, so; Jeeob Dsri0sson, 65; George
.. Ward, sl.5Oi n. McAvoiey, $50;
Martin Johnston, Sl7.25: Muetin Johnston,
Is cents; q. james Belt, $3.50; W. Ii. Lee,
1915.
struck by HIS own F.agine.