Evening journal., 1893-07-28
Mr.. BlLLANY'S STAND.
Refuses to Endorse ElectIon
Department Salaries.
THE AUDITOR TAKES ISSUE THERE
How He and Three Lawyers Interpret the
Law Merging the State and City Com
mIssions-wni Council Pass Itq

HOW He and Three Lawyers Interpret the
Law Merging the State and City Com
mIssions-wn Council Pass Itq
City Auditor II. H Billany has taken
issue with the City Department Of Elec--
tons. He refuses TO endorse bill
allowing the members pay for January.
February and March, contending that
the members of the old department. were
paid up to April and that, according to
his Interpretation of the law the new
commissioners should only receive pay.
at the rate of $500 year, for the time
actually served The following is the
text Of communication he sent to City
Council last evening
WILMINGTON. Del, July q. 1893
ITO the Hon President and Members Of
City Council:
"GnETLkMES-The enclosed bill of
james Dobb, Charles Thomas and
Thomas @. Doud. members OF the De-
partment OF Elections, for $l25 each,
respectfully decline TO approve on &C.
count Of same not stating specifically
for what purpose and for what time
they are entitled TO the compensation.
''lf for services rendered in their ca
paoity as members OF the Department of
4
we're placed on the miscellaneous pay
roll and they have been paid salaries
since the creation Of the Department, by
act of the Legislature, April Q. 1903, at
the rate Of $500 per aLnum, being at the
rate of SAL 07 per month.
Section Of the act passed April G,
| 1898 says: Each member Of the De-
partment Of Elections shall receive as
compensation for his services in any year
In which municipal election Is held, a
salary for such year Of $500, payable by
| the city as other officers OF the city OF
Wilmington are paid.
| 1T follows that as other city officers
are paid monthly, the Interpretation of
the law as to the above section
is for an annual compensation
for twelve calendar months Ia which
municipal elections are held, that Is from
January l TO December 3 In such year.
In accordance with such an interpreta-
tion of the law, the member Of the old
board OF the Department of Elections
have received their salaries from Janu-
airy 1 TO April 1, 1893 ana the members
Of the new board from April 1, 1893, to
the present time.
"Ex City Solicitor Curtis says, In part,
In communication dated April 20, 1898,
TO O H. Thomas, chairman OF the
Finance Committee, That the three
members Of the old board are each en-
titled TO salary from January 1 to
April 9, 1893, at the rate Of $500 per
annum. and the new board and their
successors are entitled TO compensation
. from April 6 TO December 81 1893, atthe
rate of $500 per annum, payable In equal
monthly installments, and the pay trolls
should be made TO conform to the above
rule.
"Respectfnlly submitted,
"H II BILLANY, city auditor
The bill In question bears the follow.
ing endorsement;
After consulting Council on this
point endorse 1t correct,
JAMES Dom
President Department of Elections.
To an EVENING JOURNAL reporter Mr.
Blllany said this morning;
II have consulted four lawyers on tn,
, subject Three Of them interpret tbs
law as have The other was OF the
opinion that each commissioners should
/ receive $500 regardless Of the term o.
service. To show how expensive such
law would be It is only necessary Il
i state that Commissioner Doud's tern
! expires on August 1. IL is generally
supposed that Governor Reynolds will
reappoint him but It is not known tha
a he will. Supposing he doesn't, do yoI
think the law ever intended that h
q should receive $50, aud his successo
a $500 for the same yearY / thing not
! and that is where / stand That woull
make three payments for the same worl
the old commissioners to April 6; tn
new commissioners to the time that Nj
Doud's term expires, and then $500 t
his or any other commissioner sue
q cessor. II City Council passes the bel
l. over my head IL is all right, for ] am re
lieved Of the responsibility