Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-06-09


mayor vetoed the ordinance making ap-
preparations for next fiscal year and MFR.
Pagan resigned as member from the First
ward. Messrs. Pagan and Magee were
absent.
On the recommendation of the finance
company X. r. Griffith was refunded
S2i.Gi. capitation tax paid for the late
John Mccall since his death.
The city treasurer reported balance of
S2S0.7 in Union National Bank to the
credit Of the city's current expenses. He
also reported the following receipts. From
Collector Mitchell. 1925. city and school
taxes for 1891; from Plumbing Inspector
Kane, 80, fees for May; from City Engineer
Palmer, $76.S5. fees for the same period;
from Administrator Mealey, 800, city and
school taxes for 1891; from Clerk Adams
of the municipal court, s796.22, fines, fees
and costs during May and witness fees for
April unclaimed; from Building Inspector
Dohl 1921, fees for May.
The city auditor certified to the correct
ness of the accounts of the several officials.
The clerk of the municipal court re-
ported that his collections were as follows
Fines. S493 fees, Sl60.70; costs, Sl74.52.
$3.50.
The city solicitor reported that he had
satisfied the judgment entered against
George w. Vernon, one of the sureties of
Joseph l.: Killgore, an ex-city treasurer.
The building inspector reported the erec-
ton of the following last month: Fifty
one dwellings. 16 back buildings, one
stable two offices. one engine room, 16
privies and one boiler house and carpenter
shop. He also reported that % buildings
were altered and repaired during the
. month. The estimated value of the prop
erty is Sac, ,235.
The coal oil inspector reported that he
inspected 22.900 gallons of oil last month.
The report of the clerk of the registry
bureau of real estate transfers made last
month was received but by unanimous
consent was not read.
The police and miscellaneous pay-rolls
for May, amounting respectively to
Sf.l5s.70 and S2,OS3.s5, were passed.
The monthly payroll of the president
and members of Council, amounting to
S24O26, was also passed. Following were
the individual amounts: President Benson,
S29; Mr.. Cotton, s24.17; Mr.. Perkins, S22O9
Messrs. Dannenberg, Kirby. McKclvey,
McVay. Magee, Ratledge and White, $50
each; Mr.. Fagan, sl2 Mr.. Griffin, $3.50;
Mr.. Murray, $3.50.
The members of the Board of Assess
ment, Revision and Appeals were allowed
their respective amounts
Ihs city. solicitor was authorized to
satisfy a Judgment of $2i .S3 entered
ag.ifist Fannie Dugan, which she has
paid.
Messrs. Mcvay, Griffin and Ratledge
were appointed committee to audit the
accounts of the Board of Directors of the
Street and Sewer Department.
THE MAYORS VETO.
The following communication from
Mayor Wiley was read.
nave tho honor to acknowledge the recent
tartl lttat,u fst-
the expenses Of the city Of Wilmington"
a careful examination of this ordinance dis
closes inc tact that a certain sum of money
was set apart for the Police Commission y
and further that this sum was agreed upon
without the knowledge or approval of the
board OF folice Commissioners, thus render
Ing nugatory and void the enactment of the
Legislature creating the said board and which
clearly defines their perogativeh and powera,
This sum Is clearly not sufficient for the
proper maintenance of the public ponce,
The latter clause of section 6 saws: "Said
force shall consist Of one chief Of police, two
captains OF police and such number of SCR
gennts as may be deemed necessary for each
police district In said city and a men, which
force may be Increased at nny time II iu the
opinion of the board the public peace shall re-
quire.' When tho Board of Police Commits
sioners was flrst organized under this law
the estimates for tho department had already
boon made and by those who were not aware
OF The pronosed change. In defcrence to the
wishes OF the proper officials of City Council
the force of men was not increased to al ma
required by law. Now there exists no valid
reasGn Tor not doing so.
Tho right of the City Council arbitrarily to
set aside n law created by the Legislature is a
right which no one will contend for, yet this is
what this estimate made without the knowl-
edge and sanction OF tho Board of Police Com
mssioners docs.
BY the law already quoted the power to In
crease the force lies directly with tho board,
aud further section II of the bill creating the
commission says: SAN tho expenses Oh the
police department, including salaries, shall
be paid by tho City Council upon bills pre-
sented to i marked with the approval of tho
SAID board OF commissioners AID properly
audited by the city auditor In the same man
ner as other bills against tho city arc now
paid. since then tho power to determine the
number OF men necessary t. preserve the
public peace is lodged with tho Board OF Police
Commissioners, and that the City Conncil's
duty 10 provide tor all the expenses of tho
police department Is equally we'll defined.
therefore conclude that no estimate affecting
this department can be legally fixed without
the approval OF said board.
herewith return tho ordinance without my
signature.
The communication was not acted or
commented upon and the ordinance was
unanimously passed, despite the MAYORS
veto, after which it was declared TO be a
law OF the city.
MIR. FAGAN's RESIGNATION.
Asking Mr.. Perkins to preside President
Benson descended to the floor and sent to
the clerks desk the resignation of Mr..
Pagan. The communication made no ex-
planation. After it had been read the
resignation was, on motion of the presi-
dent, accepted and ordered recorded. The
Democratic members looked astonished,
but il was some minutes subsequent before
any of them commented upon the matter
Next Mr.. Benson moved that Council
proceed to nominate and elect Il member
from the First ward. The motion was
seconded Immediately, but before it was
voted upon Mr.. Murray arose and said
I'm surprised. None Of the members on
this side have heard anything of this
matter. amend the motion by moving
that it lay over week"
After the amendment had been seconded
President Benson said "The resignation
may be a surprise TO the member from the
Tenth ward, but Mr.. Fagan is not resi-
dent of the city and has not been for some
time"
Mr.. Murray said: 81 understood he was
doing business ut Hare's Corner and resid-
ing at No. 107 Shipley street. 1t makes
little difference to me whether you elect
tonight or not. This is the first knew of
the natter."-
Mr.. McKelvey said; ~ talked to Mr..
Pagan some time ago and he thought of
continuing to reside here but since he has
sent in his resignation he must have
changed his residence. He has applied
for license at Harc's Corner"
Mr.. Murray's amendment was defeated
by party vote and President Benson's
motion adopted by a similar vote.
President Benson nominated Francis T.
Clymer and Mr. Murray nominated James
IIarkins. Messrs. McKelvey and White
were appointed Tellen. Mr. Clymer re-
ceived 8votes and Mr.. Harkins 3.
An ordinances anthuxisiag tbs izsuaass