Evening journal., 1893-12-28
POLICE COMMISSION MUST PAY.

City Solicitor Fuiott Has Decided That
it Must stand Good for Hayden's SaIsry
as log Catcher. Notwi,hstanding the
Fact That the Matter Was Passed over
the Commissioners Head.
City Solicitor Elliott has rendered an
opinion that any bills ordered by the
City Conncil, having connection with
policing of the city, must be paid out Of
the appropriation allowed the Board Of
Police Commissioners. The dog catcher
is included In the word policing
The opinion was rendered because Of
| the question that was between the City
Council and the Police Commission con
cerning the payment Of the salary Of
Dog Catcher Hayden out of the appropri
alton granted TO the latter.
Hayden was appointed by Mayor
Shoitlidge after 70 was found that the
act creating the Police Commission did
not provide for an "oXpounder Of
canues The Police Commission was
notified that Hayden would succeed
Dog Catcher Connell 40 far as impouud
ing dogs was concerned.
Since the time Connell was dis
missed, Hayden had been paid by the
appropriation granite TO the Police Com
/
edge. In speaking Of the matter this
morning, Chief Of Police Doian called
the attention Of the reporter 20 section
r. creating the commission which reads
can expenses of the police depart
ment including salaries shall be paid by
"the Council upon bills presented 60 TO-
marked with approval Of the Board Of
Police Commissioners, and properly
audited by the city auditor In the same
manner as other bills against the said
city are now passed.
"The bin for Hayden's salary was not
approved by the Board OF Police Com
missioners, continued the chief
The following Is the opinion which
was received by the commission, yes.
terdayi
"WIGMrNoToN. Del Dec 90, 1893
"TO the Board OF Police Commissioners,
of the city of Wilmington
'GENTLENfKN: Answering your letter
OF inquiry as to the right Of the Council
TO charge up bills which have not been
approved by your board against your
appropriation, / would say: That while
it is provided in section s of the Police
Commission bin that it shall be th,
I duty Of the secretary of the board "a
keep correct copy of all bills for ex
penses which shall be- approved by the
, said board before payment. and Ia sec
; tion - Of the same that all expenses oil
e the police department shall be paid bj
the Council upon bills presented TO Il
marked with the approval of the B0arC
Of Police Commissioners, and properly
E aud ted by the city auditor In the sam'
g manner ns other bills against the sci,
city are now passed Yet these pro
a visions do not do away with the charte
3 right of the Council 10 conduct th
financial affairs of the city In the manne
s which they shall deem best.
"'rhe Council should call for an estl
mate Of the probable cost Of your de
partment. as required by the act creatin
= II. and IN that estimate should be In
eluded all items properly ehargeable {
, your account This is necessary 4
making up the tax rate Of the city 70
the year, and should not be change
y except for serious reasons
Should you omit any proper item O
I expense, OF should the Council see 81
I charge to your appropriation any bi
= relating to the proper policing Of IN
{, city, do not fnd anything in IN
- charter or laws TO prevent their 80
!. doing.
I. "You have absolute authority ia thos
, things specifically mentioned in the aC
J. creating your department bat the legis
j, lature left the matter of raising th
a y money making the appropriation an
= paying the bills in the hands OF th
u Council
"The bills are 10 be paid by "the CouI
} cil' and after having been audited al
: Of opinion that "the Council" can charg
y | them 70 euch aDproDriation AS the
y think proper l have the honor to I
Il very respectfully yours.
y GEORGE A. ELLIOTT"