The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-09-09
AUDITOR
MUST sign.
Phoenix Company Will
Get It's Needed Check.
THERE WILL BE NO DELAY,
Auditor Pyle Sends a COM
Inunicati0n Stating
Why He Refused
to Sign Check.

Iho Fn0enix Steam Fire Engine Com
pany will now receive Its additional an.
preparation or at losst tho $500 allowed
by Council, that body last night having
ordered Auditor Pyle to afflx his signaturs
to the check for tho amount. This action
was followed by the presentation of q
communication from Mr.. Pyle containing
bis reasons for not signing the check dur
Ing the week, and sharp debate on the
part Of the Democratic members to post
pone action on the matter. But the Re.
publican members, together with Messrs.
Cannon. Chairman Of the fire committee,
andMr. O'Neill, Chairman Of the law com.
Ject had occupied enough Of Councils time
and oil matters excepting to order the au.
dltors signature attached, were promptly
voted down, with their assistance,
The meeting was attended largely by
members Of tho fire Company and William
8. Hilles. their council, who however, did
not address tho counsel. The matter came
under the head of new business and Pres
idont Lsitch received a communication on
the sub1eot from Mr.. Pyle who occupied
seat on the rOstrum.
The communication read as follows;
10 the President and members of the
Council OF Wilmington. Delaware.
GRNTLRMEN:-l respectfully return here
with check No. $780, datad Sept. !, 1893, for
$3.50, drawn In favor of the Phoenix Fire
Company from which have withheld my
signature for the following reasons; quot
Ing from section 80, of the city charter,
consider that this check or draft Is made
without the sanction Of law, and without
made
MY conclusion to this is based upon the
written opinion of the city solicitor, which
was presented to your no norable body un.
dor date of July 49, 1893, wherein he holds
that the city has no authority under the
new constitution to make an appropria-
Ion, and expressly asserts that the city
has no warrant Ut law to pass an ordinance
to increase the appropriation OF tho Phoe-
NIX Fire company. II there is no warrant
OF law for passing an ordinance for that
purpose there surely could DO no authority
In the Council to increase the appropria.
ton by simple motion. I therefore feel
warranted In returning 1t to your honor
able body for further consideration. Very
Respectfully, ISAAC G. PYLE, City Audi.
tor.
Mr.. Oberly began the discussion by re.
marking that he hardly knew what to do
with the communication, but subsequent
~ moved thatir be referred to the law
Mr.. Robertson wanted to know WHY the
communication should he so referred. He
thought Is should be acted upon In open
Council.
MIR. Kane asked lit was not customary
to refer such matters to the committees.
whereupon MIR. Robertson replied no, not
when communication Is addressed to
Council. This matter has already occu-
pied too much of this bodys time and row
more dilitory tactics are to bo practiced. I
VII! cast my vote to dispose Of this matter
tonight.
Mr. O'Neill said he!was not satisfied to
have the matter referred to tho committee
Of which he Is chairman as he knew the
OF the members was against
paying the money.
Then Mr.. Leary moved the commune
cation DO tabled, which motion wns sec |
'ondsd BY Mr.. Healey, Presidert Leitoh
being unable to decide the vote Mr.. Rob.
.rtson called for the yeas and nays which
Hsaly, Leary and Oberly,5; Nays-O'Neill,
Cannon. Zebley Fisher, Watson, Robert
ION. Morrison, President Leitch, z. Tho
chair decided the motion lost, whereupon
MIR. Robertson moved that the commune
'ation be received and Mr. Pyle directed
10 sign the check, After the motion was
seconded by Mr.. Cannon.
- Mr. Robertson quoted section SO, of the
City Charter, which prescribcs the duty of
'ho nuu'tot, auu Wnlcn gives tn0 council |
to overrule his action in which
'ase the auditor is exempt from any liza
,ility which may arise. 1t also contains a
lause empowering the Council to fine the
'i1lcla' II 1t deems necessary for refusal on
lis part to obey the mandate. The vote
vas called but President Leitch was again
Unable to decide and Mr.. Roberton called
or the yeas and nays which resulted the
anne as on the previous motion.
Il 1.tA Il.
notion carried, and further discussion on
he LATTER was deferred until the body adj
burned Then it was said that MIR, PYLE
You'd not be at his office to-day bnt his
bsonoe will only temporarily prevent the
ompany from getting the check Moth
ng short OF proceedings out of Superior
,ourt will pr event the company from yet
ing its money, and as there is no proba.
NIFTY OF such course being taken 1t Is a
'estlon of only few days before tho
heck is received,
OTHER BUSINESS.
The managers of the Delaware Indus
rial School for girls sent tho following
elf explanatory communication which was
eferred to tho law and finance committee,
ION tho 10Th day of March 1893 Frar k
lark, James Hubbard and w. Hanrabau
'ere convicted before the municipal Judge
the city of Wilmington for the violation
chapter 1871, volume &c, laws of delaware,
nd each sentenced to pay fine of SO. !
to $50. The above named de-
'ndents paid the fines and The Same was
eposited with City Treasurer to tho credit
the city.
The managers of the delaware Indus
rial School for Girls respectfully request
reasurcr OF said corporation, Laura ~
Webb, sos West Ninth stleet. for the
mount Of said fine as provided by said
ct. Respectfully.
f. C MARKS, Treasurer,
The young men were fined for trcspass.
~ on the school property.
CITY Treasurer Curry reported the bal
nee in Union Bank to account of current
expenses t.. be SIS, O6G IA; in each of tLa
., AZ special fund for park purposes, ts3.
a %. The collections we're: Thomas s.
evils, Sl1407; Eugene NJ. Sayers, $3.50:
dnund Mitchell, Jr.. $1,000; l. G. PYLE
y, account of license; Samuel S. Adams
@3.Os, Municipal Court fines, fees and
SIS for Au2u,t; Union National Bank,
u. account OF interest; John f. Dolap,
II 10. dog lax for August.
auditor Pyle reported having received
3bi.4 from Registrar Grohc as colec-
ons for tho past month. Clerk Adams
lhmlttod his Augu,' re ort or the work
the Municipal Court and 1t took the
,ual course
Altera communication from Frank p.
ason, who has not lived here for three
'hrs, asking for the return of 81. 10 over
M capltation tax was referred to the
lancc committee, Council adjourned,
Four Accidents
horse attached to coal cart of Mupdv
Others, ran away on South Market
reet yesterday. 1t was crught at Fifth
I'd Shipley streets by William McGraw,
ter il had overt urncd Il couch containing
baby. The li.tie one was unnjured.
Lewis Lang, aged four years, who Is
ai ana oumb' was run into and slightly
uised, at Eighth and King streets. {