The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1892-06-03
CITY COUNCIL.
The Mayors Veto OyerruIed by n
Unanimous yote-Peter A. Pagan Re-
tI;ns aud His Successor Elected.


Messck called the roll and read the
MINUTES OF the last stated meeting
Which were approved.
The Finance Committee reported in
favor OF returning 10 II. IL, Griffith, Mt.
tuiEey tho sum of S2l.6l overpaid
taNc7, and the report was adopted.
The city treasurer reported n balance
oil s2sU.1S in bank to the credit OF the
city, and that he has received the fol-
lowing amounts: John }. Mealey, ?70O;
Tax Collector Mitchell. 1915; Plumbing
Inspector Kane, %; Chief Engineer
Palmer, 1905; Clerk OF the Municipal
Court Adams, $766.92; Building In
spector Dohl 593l.
The report of the city solicitor was
presented, showing that he has entered
satisfaction on the Judgment bond
against George w. Vernon.
he coal oil inspector reported that
during tho month of May he hnd in
spected a29o gallons of oil.
The building inspector resented his
report for May showing that he had
collected S23t.
The report of tho clerk of the Reg.
istry bureau was presented and or.
dored filed
The police payroll. amounting to
81, l5S.07. the miscellaneous payroll
Of 81 0s3S5, and the payroll of the
president and members of Council
amounting to S24G.28 were presented
and orders drawn In favor of the par
ties named. Orders were also drawn
in favor OF the members OF the Board
OF Revision and Appeals
The City Solicitor was instructed to
enter satisfaction on a judgment held
by the city against Fanny Dugan, as
the money was paid some time ago.
The Street and Sewer Commission
asked that the City Auditor be instruc-
cd To audit their accounts, and tho re-
quest was complied with.
The following communication from
Mayor Wiley was received and read
by Clesk Mcssic6.
WILMiNGroN, Dol. May aS, 1872.
Hon N. Il. BENSON, President OF City
Council, Wilmington. Del.
DEAR SIR: have the honor to &c.
knowledge the receipt of "An Ordi-
nance Making Appropriations for the
Expenses for tho City of Wilmington"
A careful examination OF this ordi-
nance discloses the fact that Il certain
sum OF money was set apart for the
Police Commission. and further that
this sum was agree d upon without the
knowledge Or approval OF the Board
OF Police Commissioners tous render
ing nugatory and void the enactment
of the Legislature creating said board
and which clearly defines their prerog-
atlves and powers. This sum Is clear
ly not suIlcientfor the proper main
btldtHo Vi lll6 IDllbllC IJeuGt. lu6 lHU-
ter clause of section q says:
said force shall consist of one
chief OF police, two Captaiu5 of police
and such number of sergeantS as may
be deemed necessary for each police
district in said city, and forty.fuur
men, which force may be increased ut
any time IT, in the opinion of the
board. the public peace shall require"
When the Board of Police Conmis-
sioners was first organized under this
law the estimate for tho Department
has already boon made and by those
who were not aware OF tho proposed
change. III Difference to the wishes
of the proper officers of City Council
the force Of men was not Increased TO
forty,four MS required by law. The
right of the City Council to arbitrarily
set aslde law created by the Legisla-
ture is tight which no one will con-
tend for. yet this is what this estimate
made without the knowledge and
sanction OF the Board or Police Com
missioners does. BY the law already
quoted tho power to increase the
force lies directly with the board, and
further, Section II of the bil. creating
the commission says:
"All the expenses of the Police De-
partment, including salaries shall be
paid by the City Council upon bills
presented to 1t marked with the ap-
prOyal of said Board OF Police Com
missloners and properly audited by
the city auditor in the same manner as
other bills against the city are paid.n
Since then the power 10 deter
mine the numLer of men necessary to
preserve the public peace is lodged
with the Board of Police Commission.
ers, and that the CityC Councils duty to
provide for all the expenses of the Po-
lice Department Is equally well deiln.
ed, | therefore conclude that no esti-
mrtp a Footing this dammit Inn 4,
legally fixed without the approval of
said board. | herewith return the or
dinance without my gnature. have
the honor TO REMAIN yours. very re-
spectfully,
STANspURY j. WILEY, Mayor.
The President said, "a vote will not
be taken on the question shall the or.
dinance be passed Notwithstanding
the Mayors yetoY
There was no discussion and tho vote
resulted as follows:
Yeas: Messrs Cotton, Dannent.err,
Griffin, Kirby, Mckelvey, Acvay, Mur-
ray Perkins RhtIedRe, White, Presi-
dent Bensun-ll. Nays: 0, absent,
Messrs Pagan and Magee. The ordi.
nance was declared a law.
After President Benson had called
Mr.. Perkins to The chair he took the
floor and handed in the resignation of
Peter A, FHGan, as a member of Coun.
eli from the First ward, and il was ac-
cepted.
MI Benson moved that Council po
into a ho mination and election for his
successor
MIR Murray ofIored an amendment
that the matter be laid over for one
week but the amendment was lost and
Mr.. Iehson's motion carried.
Mr.. Benson nominated Frank Il Civ
mer. Mr.. Murray nominated james
Harkins. The nominations were clos.
ed and Messrs. White and McKelyey
appointed tellers.
Mf. Clymer received eight votes and
Mr.. Harkins three. AIR Clymer was
declared elected.
Mr.. Cotton presented an ordnance
providing for the issue of sinking fund
bonds, to be known as certificates of
Indebtedness which was read a second
time and referred to the Law and Fl
nance Committee
Mf. Ratledge presented an ordinance
changing the building ordinance SO as
TO provide for keeping u horse for the
building inspector at a cost not to eX-
coed S2o per MONTH and also proyid-
ing that all frame kitchens or buck
buildings shall bc separated from each
Other by nine-inch brick wall or wall
of fire proof material The ordinance
was q so amended so as to prohibit the
building OF frame buildings cXcept
upon marsh lai d.
tpna CLARK "a, q ipatrunI,, A. -