Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-07-06
AnELG As rnE1AwrEns rInwnIM
The Aspect of the suit rs Seen from the
Bill of Complaint and from the City
NOlieiior's Deparlmani.

ABELE As TIE LiWYERS vIEW HIM
The Aspect of the suit rs Seen from the
BiIi of Complaint and from the City
solicitors Department..
There is such extreme public interest
In the suit between City Council and
Meat Inspector George Abcie that at
this moment statement of the position
taken by counsel on either side in this
public question will he looked for by
the citizens and read with peculiar in
tercst.
To this end an interview was had Sat
urday with eXCity Solicitor Charles
NJ. Curtis, under whose auspices as
counsel for the city the case on the city's
part was instituted. 1t was explained to
that gentleman that the whole matter is
of such thoroughly public nature that
the reporter had no hesitation in asking
of him the legal position held by him
as the city counsel in the suit Mr.
Curtis spoke in general terms as follows
Council was proceeding regularly in the
matter of the Investigation of the charges
against George Adele, the inspector of
meats. There is no law or ordinance or
rule that authorizes or regulates the
method Of impeachment of officers of the
city or an investigation of their official
conduct except the mayor, as to- whom
the charter provides authority to mpeach
and method therefor The obvious
reason for this is because the mayor is one
of the coordinate branches of the city
government and would not without this
provision be subject to impeachment or
removal by any other branch of the gov
eminent.
As to all other officers of the city it is
a well settled rule Of the common law that
the power to remove u corporate officer
from his Office for reasonable and Just
cause is a power incident TO all municipal
corporations. But the officer is entitled to
trial before a proper tribunal In this city
there is no tribunal provided by the statute
but it is well settled that the governing
| legislative body of the corporation is the
proper tribunal, and here that body is the
council. The trial should be in open SEES
sion upon distinct charges, notice Of which
should be given the accused, all of which
was done in the case of Mr.. Ahele.
He was not given hearing before the
special committee on Wednesday last, be-
cause the committee was advised by me
that they could not try the case and could
only present charges, His counsel and lie
We're then informed as to the action of the
| committee, aud copy of the charges fur
nisiied him, lie was then notified that the
| trial would be had on Thursday night be-
| present with his witnesses and his counsel
and would be then and there heard.
| Nothing could have been more regular
than the method Of proceeding, and have
no hesitation in saying further that in my
| opinion, iii case the charges are proved,
Council will have the legal right to re.
move him from office for the cause of his
removal would be distinct violation of
express prohibition of the act creating the
Office and appointing him as the incum-
| bent-than which ! cannot imagine a
stronger or more reasonable or just cause
| of removal. Of course, look only at the
legal aspects of the case. think that the
present city solicitor, Mr., Elliott, comedies
| with me i'll this view of the case.
THE OTHER SIDE
Ex-Attorney-G General John Biggs and
ex.City Solicitor William T. Lyman ap-
pear for Inspector Adele. The position
of these gentlemen is clearly defined in
the bill of complaint, now document
of record at the court house. The chief
| points are as follows:
That Inspector Adele is an officer of the
State, amenable thereto. He has done
nothing inconsistent with his duties as
such officer, nor has he violated any of the
provisions of the act creating the office he
| holds. Mr.. Adele, with his counsel, an
| peared before City Council according to a
summons, and after waiting one hour and
ahalf without being given opportunity to
confront any witnesses against him, or to
know who they were, was told BY Coun-
ellis committee that on Thursday evening,
June 10Th, charges would be preferred
against him in public before Council, and
that II these charges, in the opinion of
Council, were proved, his office would be
declared vacant and his compensation
| stopped.
1t Is declared that this ASSUMPTION by
Council to dismiss Inspector Adele Is
without authority. He believes and is SO
advised that in this contingency there
exists no adequate nor sufficient remedy
| IN court of law nor otherwise than by
the interposition of the chancellor. He
has therefore been driven to the course
which is now followed.
If the matter come to trial il is prob
able that developments will Indicate
that the motive of action is based on
political desire to secure possession of
Mr.. Abele's office.
The charge is that he at divers DAYS
and times engaged in the business of
butcher Or seller of meats, and the i'm
plication is that he keeps or has kept a
store for that purpose. Adele has made
affidavit to the effect that he is not and
was not, as asserted in the charge, in
terested in any way in his sons store.
George Adele, Jr., the son, was indis
posed on certain day. His father went
to the business place on that day, it was
in the evening and during the hours
from to o, sold off some of the perish
able stock, in order that it might not be
dead loss on his sons hands. That is
the length and breadth of his sin, and
for which the case has been trumped up
against him. 1t was an emergency and
If he had not so acted his son in those
two hours (more exactly one and half
hours would have been at the full loss
OF all the perishable goods on the coun-
ter. The condition of the weather was
such that any delay would have made