Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-07-06
He Stops an Investigation by
an Injunction.
THE DOG-CATCHER GETS NO PAY
AS the Manner of His APP
pointment Was Illegal.
He should Have Been Named by the
Mayor, Not by the Police Commission,
the City Auditor says-.Ciry Councils
Final Session Proves Unusually Inter-
esting.

President Benson, Mr.. Perkins, the
president of the incoming Council, pre-
sided. Mr.. Thomas was the only other
member absent. The Council chamber
was throDged with spectators, princi-
pally office seekers, and, strangely, they
ilocked to the Democratic side of the
chamber. Mayor Wiley, Mayor-elect
Shortlidge, Councilman.elect Vain.
wright and City Solioitor-eect Elliott
were among those in attendance. The
session contained several surprises, sur
prises for both Republicans and Demo-
Gratis.
Previous to the assembling of Council
Deputy Sheriff Joseph H. Gould APP
peared and read an order from Chan
cellor Wolcott restraining Council from
taking action in the case against Meat
Inspector Adele previous to July Sth,
when that body Is summoned to appear
before him and show cause why an in.
junction should not be issued. The
order was obtained at Dover Thursday
by William T. Lyman and John Biggs,
who have been employed by Mr.. Adele
as counsel.
The first business transacted was the
ordering of the payment of garbage
bills amounting to $Sa5.03, Numerous
other bills were ordered paid,
An opinion presented by the city
solicitor stated that Council had no
authority to appropriate $500 for the
Fourth of July celebration of the Pa
triotic Order of Sons of America. The
opinion was received and fled
The annual report of Chief Engineer
Shields of the Fire Department was sub
In Re 10
reading in detail was dispensed with.
The printing of 200 copies of it was or
dered. The report stated that the alarms
during the year were as follows: Box,
64 telephone, |; still, IA; telegraph, 2.
The chief made the following recon-
mendations: That there be appointed
fire marshal, whose duty shall consist of
the investigation of fires and the inspec-
tion of buildings for the purpose of pre-
venting fires; that the officers of the de.
partment be provided with team, that
the salaries OF next years officers be in
creased and the wires Of the fire alarm
system be put under ground.
The committee on engrossment re-
ported that all ordinances and resolu-
tions hid been properly engrossed.
The special committee appointed to
investigate the conduct of Meat In
spector Adele reported that he had at
divers times, and particularly June nth,
engaged in the business of buying and
selling meat in violation of the act
creating his office and that he had en-
gagged in trade contrary to the act pro-
viding for an inspector of meats. The
report was signed by Messrs. McVay
and Kirby. Mr.. Murray, the other
member of the committee, did not sign it,
Mr.. McVay moved that the report be
received and filed.
Mr.. Murray-I do not see how the
majority of the committee can make
such report, The committee has not
seen the meat inspector violate the law
and has not had before 1t any qualified
witnesses. If it had | would have
signed the report.
Mr.. Magee-The proper course would
have been to prefer charges and appoint
committee TO investigate. No charges
were made. The committee was ap-
pointed merely to investigate rumors. |
do not see how the committee can take
the position it has taken without evil
dence. Ii the meat inspector Is guilty
he should be punished. To receive and
file the report will put him in bad
light
Mr.. McKelvey-There were rumors
aaoat and the committee was appointed
to Investigate them. The committee
found rumors to be correct. The way
to clear the matter up is to prefer
charges.
Mr.. Griffin called attention to rule so
and inquired whether the appointment
of the committee was not illegal.
Mr.. Perkins-The present meat in
spector is not creature of Council.
The rule applies only to officers created
by Council. The next inspector will
be creature of Council.
Mr.. McVay-The committee was adj
yised by the city solicitor to bring the
charges In this way. II it had not been
for little thing which happaned to-
night the investigation of the charges
would have been proceeded with.
Mr.. Murray amended Mr.. McVay's
motion by moving that the report be re-
terred back to the committee. The
amendment was defeated and MIR. Nc.
I Ways motion adopted.
The city solicitor concurred with the
committee appointed to audit the ac-
counts of the Board of Directors of the
Street and Sewer Department in the
opinion that the $14 900 received by the
board from the Wilmington City Rail
way Company should have been de-
posted to the credit of paving and i'm
proving streets, instead of to the credit
of current expenses, and Clerk Hersey
was instructed to notify the board to
put the SAID amount to the former credit
at its earliest convenience.
For Last Vpaalx tha OifU traauu sc
ported balance OF $17,809.06 and for
this week he reported balance Of 3d.
681. He also reported the following re-
ceipts; From the Board Of Water Com
missioners, $2,760, interest; from Col
taxes for 1892; from Collector Mitchell
and $1S779, similar taxes for 1891.
The city auditor certified TO the cor.
rectness of the accounts of the city
treasurer He returned unsigned the
check drawn to the order of the dog
catcher, amounting 10 $io3. Accom-
panying the check was q communities
ton from the city solicitor, expressing
the opinion that the power to appoint
the person to act as dog catcher Is
vested in the mayor, instead of the
Board of Police Commissioners. He
based the opinion on the ground that
the dog catcher Ia not police officer.
Motion was made that the opinion be
received and filed and the action Of the
city auditor be sustained. Mr.. Magee
amended the motion by moving that the
matter be referred TO the law committee
Mr.. Magee-The question is whether
man who has performed honest work
for the city is to be refused his pay on