Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-08-03
CITY COUNCILS SESSION.
The Election Commissioners Bills
Not Approved.


City Auditor Bnlany of the Opinion That
They Are Hlegal--samucl A. Price Re-
elected Clerk to the City Treasurer
There were three vacant chairs on the
Republican side in City Councils cham
Der Thursday when President Perkins
called the meeting to order while every
seat in the opposite side Of the house was
taken. The presence OF City Solicitor
Elliott helped to make up for the de-
| ticiency among the brethren Of his own
political faith, however, and fortunately
business went on as usual,
The finance committee recommended
the retundlng of over-paid capitation
tax to the following persons; Mary D.
Pierce, Peter Mccartney, Norman Yeat-
man, Robert Dennison, Michael Sluby.
The city treasurer reported the bal
ance in bank to the credit Of current
expenses, 1886, 1899.
City Auditor H. H. Billany returned
to City Council three bills from Charles
+. Thomas, James S. Dobb and Thomas
| @. Doud, election commissioners, for
$l95 each which he failed to approve. In
a communication to Council, Mr.. Billany
gave as his reasons for not approving
the trio of regularly presented bills, that
they did not state specifically for what
| purpose and for what time they are en-
titled to the compensation referred TO in
the law. The bills and communication
were referred to the law committee.
City Solicitor Elliott sent communi.
cation to Council informing that body
of the action of the Chancellor in the
Adele injunction case, in order as he
said, that Council might have record
of the Chancellor's action In the case on
the minutes. On motion the commune
cation was recorded and filed.
| Colonel Wainwright stated that Will
liam M. Candy, president Of the Board
| of Park Commissioners, had informed
him that the commission was In need of
funds to defray the necessary expenses
of the board, and therefore the member
from the Fifth ward moved that an
order for 81 900 be drawn in favor OF
tho board OF Park Commissioners as re.
| quested. The motion prevailed.
Mr.. Stats offered an ordinance to
amend an ordinance in relation to fire
badges. The ordinance passed second
reading and was referred to the law
committee. Business began to lag at
this stage Of Councils proceedings and
1t looked as though the proceedings
would go a begging the remainder Of
the evening. President Perkins asked
several times If there was any more
business, and finally after patiently
waiting little while longer, Mr.. O'Neiil
made motion TO adjourn.
About this time City Solicitor Elliott
was noticed buzzing about the ear of
Mr.. Tyre which caused the attention of
Council to be directed towards the
member from the Seventh ward and the
doughty solicitor. After hasty con-
versation with the latter, Mr.. Tyre
arose and moved that Council 10 into
the election of city treasurer's clerk.
He said it had heretofore been the GUS
tom for the finance committee to select
the clerk, but under the provisions Of
the new law allowing each Council to
select its own officers, the election OF
the treasurer's clerk was left to Council
as body and not with the finance
committee. Mr.. Tyre offered the
name of Samuel A. Price, the
present encumbent for the place. On
motion of Mr.. McNulty Mr.. Tyre was
allowed to cast the vote of Council
President Perkins declared Mr.. Price
duly elected.
The election of the city treasurer's
clerk in this manner raises an i'm.
portant legal point, and there is som,
doubt as to whether the action wa
legal or not, The law says that on the
third stated meeting in July, and bi
ennially thereafter, Council shall cleo
by ballot a city auditors clerk and
city trcasurer's clerk. The third meet
ing night having passed the question i
asked was the action of Council in elect
ing the treasurer's clerk at time othel
. than specified by law legal. Mr.. Tyr
was prompted in his action by the cit,
solicitor upon whom rests part of tn
responsibility of the clerks election.
Mr.. Tyre stated that In view Of tn,
fact that there was nothing in the Law
relating TO the Fire Department which
allowed an appropriation TO the Wate
l Witch Fire Company, and as the latte
: company was now in need of an appro
/, priation, he desired to give notice tina
, at the next stated meeting he would Ia
troduce an ordinance increasing tn
Fire Department OF the city OF Viii
mlngton.
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