Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-12-20

the course the city official had taken in |
the matter. ...-.
In his communication Mr.. Billany re-
ported that he had refused Ia sign u |
check and bill sent him from tho |
board, in the usual manner, for his |
commissioning as auditor. The check |
In question was drawn In favor of |
George IL. Sellers, the constructor of |
water filter, and was for the sum of |
$2,6O2.49. The bill in question was tho |
statement for that account which was
TO be signed correct" in the usual |
manner, as are such accounts when pass
ing through the auditors hands.
1t seems that law requires the auditor
when disappearing an account To re-
turn it at ensuing meeting of the board,
noting his reasons therefor. This he
did not do. The board thereupou, the
bill not having been returned and
nothing In comment Of ii having been
received, passed Il check in favor of Mr.
Sellers for the amount. The check was
signed by President William II. Porter.
but Auditor Billany refused to counter
sign it. There was no question what
ever in regard TO the rightfulness Of the
payment. The two communications
were read in usual order by MIR. Grohe,
the registrar, and are us follows:
CITY AUpIToR's OFFICE, WILMISGToY,
DEL, Dec. Is. lSDI-7o the Hon. the Frcsi.
dent and Board Of Wafer COMMISSIONERS
GENTLEMES return herein bill OF GEORGE
II. Sellers for S26O2.l9 TO supervision
of filter plant, total cost Of plant, per Mr..
Bonds statement, So, 1880, which | re-
specially decline to sign correct for the
following reasons:
Chief Engineer Bond has refused to fui-
tGI tk,tt TIM, nal IA
tailed statement of his figures giving the
total cast OF the filter plant upon the ground
THAT the Board OF Water Commits
sioners have examined his statement and
are entirely satisfied with same. which
was all that was necessary, as 1t was of no
importance If the bill was not marked
correct and signed. as the board were
supreme and the bill would be paid with
or without the signature of the auditor"
Respectfully, IL. ii. Bu.LANY,
City Auditor.
CRY AUDIToR's OFFICE WILMLSGToN,
DEL, Dec. Is, 1891 TO tbs lion. The P,'esi.
dent and B0Iyd Of Water COMMISSIONERS
GEHTLEMES:--l herein return check of
George ii. Sellers for a. ,G02.lO which de-
cline to sign for the following reasons:
Laws of Delaware, Vol. XVII, chap. 205,
sec. 8 says in part.
1.-THE city auditor shall examine all bills
against said board, and endorse them AS
board for payment"
The bill OF George II. Sellers. for which
the check is drawn has not been returned
to your board endorsed correct" by the
auditor. Respectfully,
II. II. BTLLAHY,
City Auditor.
When Mr.. Grohc had finished reading
the letters Mr.. Pickles suggested that
the matter so over for consideration to
next meeting, MIR. Hastings was not
present.
President Porter expressed himself as
averse to pCstponing the matter. lie
thought the bills incurred by the depart
ment should be paid when due. He did
not understand Mr. Billany's object in
doing as he had done. Mr.. Porter then
read the law III regard to the course
matters should take, which is as follows:
Section 0, of IAN act to establish Il
Board of Water Commissioners, &c
"The city auditor shall examine all
bills against said board, and endorse
them as correct before they are presented
to said board for payment. He shall also
examine and cuuntersign all drafts or
orders, and withhold his signature in
case the draft or order is made without
sanction of law, or with any circum-
stances OF fraud, actually or presumably,
attached thereto, in all OF which cases
he shall report his action and the
grounds therefor to the Board of Water
Commissioners at its ensuing meeting.
The board shall tlereupon, duly, care.
fully and publicly consider the case,
and shall sustain or override his action
by unanimous vote of all the members
of said board, whereupon it shall be the
l,,t.Y .,fN ia, IA, uInIl
be oyerrulcd, to countersign the said
draft or order, in which case he shall be
exonerated from all responsibility in
the premises. He shall also keep book
or books in which an exact and com
pletc record of all accounts SO paid shall
be entered, keeping II debtor aud credi
account with all persons doing work fol
or furnishing goods to the said board In
any manner"
In comment Mr.. Porter said that Mr.
Billany should have come to the Waite
Department office. to get his figures
which he did not do. He has hat
plenty of time to report back, as tn
law requires, and this he has not done
And now he throws the check back OF
the board. ....
Commissioner Pickles said he did no
see that there was any idea Of making
charge of fraud in regard To the chez
or bill 81 suppose" he added, "all h
wanted was statement of the account
/ think there is no objection tn that"
President Porter-"Am | to under
stand you that we must give HIM a
account of all the expenditures Of thi
Department."
MIR. Pickcls-"Not more than We hav
been doing. This has been running fo
two years Chat is the filter construC
ton expenditures
Mr.. Porter-"Why, he has the staff
ment showing the cost OF the tilte
$4,000. Mr. Sellers received per eel
on the $4,000, which would be abol
$4,000. We make settlement with hi
for $4,000 and send the cheek for til;
purpose. And now Mr.. Billany gives /
NO explanation.
MIR. Pciels-"He wants to see u
itemzed statement. 1t has not been fu
nished to him."
Mr.. Bond-"We gave him the tigur
this afternoon"
MIR. Porter expressed himself to Il
effect that Mr.. Billany had acted in 0
asinine manner over the affair. 81 sho
tell Mr.. Sellers that the only thing fl
him is to bring suit against the city,"
Mr. Pickcls-"There is no need f
that. Ii would have been all right
the explanation had been given by NJ
Bond"
MIR, Bond-"I saw him and offer,
nv services for any information
wanted. The first iDtimation was h
letters of to-day. Mr.. Grohe and l INN
diately sent him the statement"
Az nc