Evening journal., 1890-05-30
MR.. TURNER'S OPINION.
HE ANSWERS THE QUERIES ON
THE PATROL SYSTEM BIDS.

Appropriation ae the End Of This Term.
Appropriation and New Ordinances,
City Council met in regular session last
night with President John G. FarrR in
the chair. The Finance Committee re
ported favorably on the appropriation
for the fiscal year The Committee alae
presented a favorable report on the or
dinance changing appropriations. Both
reports were adopted.
The Law Committee reported favorably
on the ordinance to abolish FIRE tests, and
on the ordinance to change the patrol
wagon ordinance. Both reports were
adopted.
City Solicitor Henry Clay Turner pre-
sented written opinion on the power ol
City Council to award the patrol system
contract, and it was received and filed.
The opinion follows;
ITO the Hon. President and Members of
Council.
'Gentlemen: The power of Council to
make an award of the contract now in
the hands Of the Police Committee has
been referred to me for my opinion. The
Council may. in my opinion, award this
contract if there is an amount sufficient
in the appropriation for the Police De
partment to pay for it, and IL there is a
surplus OF the receipts from taxation
for this year going into the city
treasury for the next fiscal year suffi-
siently large to meet such contract upon
its completion should such contract not
be completed until sometime within the
coming fiscal year The Council must be
sure before it awards any contract, the
completion of which is not to take place
within the current fiscal year, that there
will be a surplus at the close Of she fiscal
year in which the contract was awarded
going into the fiscal year in which the
contract is to be completed sufficiently
large to meet the liability incurred by
sAch contract.
ITO award any contract or cause to be
executed any such contract. the compile
ton of which is not to take place within
the fiscal year OF the award, would be to
violate section II of the city charter and
to expose the members Of Council voting
in favor OF such an award to the penal-f
ties therein mentioned.
1T must be remembered, too, that
under section 65 of the city charter all
expenditures under the appropriation
for the Police Department cease the
moment such appropriations become
exhausted, so that having the surplus, II
any, ascertained aud the contract
awarded, then the appropriation for the
Police Department should be increased
fe q sufficient size, by transfer TO meet
any expenditures within the fiscal year
il such expenditures are contemplated
by the contract.
But under these proposals, without
surplus ascertained, no contract can be
awarded in any event before the first day
July, 1890. -
Council has no right to create debt
or liability to be paid for out of any re
ceipts from taxation but the receipts for
the current fiscal year and there must
hs surplus of such receipts going into |
the next fiscal year sufficiently large to |
meet the liability incurred by such con
tract.
Without a surplus sufficiently large
TO meet the liability Of this contract IL |
awarded, the council cannet legally sub |
J set the city to liability on or before the
first day of July, 1890
Council then took mp the unfinished |
business OF last evening, and laid over
the Patrol System bids for two weeks,
the motion TO refer them TO the Police
Committee being lost. The vote was
Ayss-Aysrs, Beale, Curren, Davis,
3illin, Magee. McKenny, Ryan. Sawdon,
Sharkey, White, Farra--12; nays
Baugh, Chambers, Cotton. Hawkins,
lawson, Mccall, Perkins. Roberts; Shea,
VAudegrift-10.
In discussing the matter Of the cost Of
the system. Mr.. Chambers made the
point that the city should have its own
al - - l..
Inc case, having policemen to wake up |
citizens to senc for assistance.
Mr.. Dillin raised the question that /
the city would have to pay a royalty |
ZACH year on each telephone. Mr Baugh |
said that the Gamewell Company offered |
that the instruments would not cost any. /
hing in royalties for three years. and |
after that would cost but SIS.
City Treasurer r. r. Griffith reported /
that the balance In bank to the credit Of |
expenses was $5S, 2S6 10: park |
fund. 81, 484 10; received Of f. P.
Aoody, $500; Martin ]. Mealy. $400.
The miscellaneous pay roll, $t,s4717 |
and the police pay roll, SO, 264 So, were
approved and ordered paid
Henry Blouth offered stable for the |
patrol wagon, and the matter was re.
ferred to the Police Committee.
hr Shea called up the ordinance Of |
for the next fiscal year.
for the third reading, and the blanks |
were hlled in accordance with the de-
rislons Of the Democratic caucus, with the
exception that $3.50 was allowed for the
public square. The enaeting clause was
carried BY unanimous vote, and the or
ainanoe was referred to Mayor Harring
ton
Mr. Shea called up the ordinance for
the relief OF the garbage appropriation,
by taking 1926 from the miscellaneous
expenies for that purpose The ordi.
nance was carried unanimously and re-
erred to the mayor.
Gr Chambers called up the ordinance
providing for an extra driver for the
police patrol. Il was passed and referred
TO she mayor for his action. Citv Conp-
Gil adjourned at 5. 80 o'clock.
The following bills were passed: c. r
Thomas 4 Company, $51.45; Delaware |
and Atlantic Telegraph and Telephone
Company. $3.50; Francis Dillon, $9 Sd
Wilmington Coal Gas Company. 400
J. Y. Carlisle & Company, 82.5O: George |
Geisler, 81; William h. Cole. $l 50 Dr |
e. G. Shortlidge, $24; Harry Yerger
~. 40; Charles F. Melchior, $5.45
4
ChoraI Union Rehearsal.
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