Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-07-05

In Deep water
The EVERY EVENING has wisely ceased |
its attacks upon the financial standing of
the city. The figures which we gave Jew
days ago. and which we reproduced yester-
day disproved its statements. 1t had heart
enough last night to reprint the figures
which we gave. and which showed con-
clusively that the slight deficiency IN the
city treasury at the end of the fiscal year
is the result of circumstances over which
City Council has no control, and for which
it cannot be held responsible, either IN
Justice or equity. The city has been the
victim of hard times, just as many indl-
viduals have been. Morning Necs.
But those figures showed an admission
: on the part of the Necs of practical
deficit Of $685. AL, which it endeavors to
scale down to half that sum by deduct
ing several items of unexpected shortage
and uprovided-for expenditure. And
there is nothing in this showing to
justify the Misrepresentation by Council
of the $35 900" borrowed from the Street
and Sewer Department" in express
violation of law most carefully drawn
expressly to prevent such misappropria-
ton. Had the Council not virtually
embezzled this fund, the close of the
fiscal year would, by the Noacs' own
figures, have brought with it deficit of
$26,441.
IS We do not like to use the word
"embezzle" in connection with this
piece of illegal financiering, but the
fact is that the act creating the 100000
loan for the improvement OF the streets,
and for this purpose only, is so explicit
\ that no milder term adequately defines
the transaction. The fact that Council
proposes to pay back the portion of this
loan which has been thus temporarily
embezzled does not change the legal
aspect of the case, however it may
mitigate the moral liability involved.
The Council has, to tide over shortage,
unlawfully used funds which it was for
hidden by special statute to use, and
srsthe plea that this money was "bor.
rowed" and will be paid back is just as
troublesome as the other horn of the
dilemma. The city charter stands
in the way here. Section II of that in
strument, enacted with the specific pur'
pose of preventing Council from run
ming the city deeper into debt, says, il
plain words, that the Council ''shal
have no power, or authority, to borrow
money, or contract or create any deb
or liability, or to make any ordinance
for borrowing money or contracting o
creating debt or liability, Except ordi
nary debts and liabilities in the common
course Of carrying on the work AM
business of the said city, to be paid gu
of the taxes, rents, or receipts of til,
year for the time then current), and i
the said debts and liabilities shall no
be so paid, the same shall bind TIL
members of Council for the time the
being, personally, other than thos
shown by the journal of the Council t
have been absent or to have voted i
the negative when the ordinance, order
or proceeding under which the debt o
liability arose was passed, or had, max
ing them jointly and severally respor
sible; and any member of Council VIII
shall vote to borrow any money, @
contract any debt or liability contrar
to the provisions of this section, shall /
deemed guilty of dereliction in duty an
shall henceforth be deemed incapabl
of holding any office of honor, profit {
trust under this act or created by {
existing under any law of the State {
Delaware"
AS we understand the situation, thei
was no formal vote by Council
borrow" this S35, 900. The money Wi
in bank and the Council simply used
But the Council did recognize the ia
that this money had been used,
voting for an appropriation to pay
back out of the revenues Of the comil
year, thus and to this extent taking pa
in the creation of a liability express
prohibited by the city charter under Il
penalties above mentioned.