The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-07-29
NO MONEY FOR
PHOENIX
Unless Compelled by Man.
damuS to Give It.
ACT IS UNCONSTITUTIONAL
City Solicitor Conrad So
Decides and Informs
Council.

Although the recent Legislature allowed
the Phoenix Fire Company an additional
annual appropriation ofe l5U0 the amount
will not 10 paid until the fire company has
tho Superior Court pass upon the c0hsti.
nationality Of the law prohibiting the
counties cities and towns Of the State from
| giving funds to private corporations.
1t will be remembered that when the
fire company several months ago asked
Council to endorse bill embodying the
appropriation 1t refused to do So The
bill was passed, however, in the hurry Of
the closing hours Of the Legislature.
Council was disappointed, inasmuoh as
the Democratic members had hoped to
even things" because the company had
not consulted 1t regarding the improve
ments to the engine house which were to
be paid for out OF the additional appropri
alton.
At the last meeting of Council, Chair
man O'Neii presented an ordinance pro.
vidsng for the payment Of the Bppropria.
ton, and when the Law Commit, 90 report.
cd unfayorably on the ordinance last oven
Ing. the unooRstitutionality of the act of
Legislature WAS lnade known. Oily So
Hector Conrad was present and In his pres.
once his opinion on the matter was read.
1t WAS as follows:
Gentlemen: After careful considera-
ton am satisfied that the provisions con-
tanned in An ordinance making Oh OK
traordinary appropriation for fire compan-
les salaries and the Board OF Port War
dens', whereby the sum Of $500 Is appro-
priated and placed to tho account Of fire
companies, is In conflict with the new con-
stitution Of the State Of Delaware, and
therefore unconstitutional and void.
Section s. Of article g. of the new Con-
stitution, is rs follows mo county, city,
town or municipality shall lend its credit
or appropriate money, to, or assume the
debt CT or become shareholder or joint
owner In or with any private corporation
or any person or company whatever
~ lsvcry clear from this,section no city
shall appropriate money to q private cor
poration, aud this being the case it ia evil
dent that the General Assembly of the
stats exceeded its constitutional authority
when it passed. on May g. 1853 An act o
amend an act to revise and consolidate the
statues OF the city Of Wilmington, being
chapter 2j7, volume II, Laws Of Delaware,
and acts alnendatory thereof and to in.
crease the annual appropriation to the
Phoenix Fire Company of Wilmington,
Delaware by the city of Wilmington
Under The present constitution the city.
cannot make an appropriation o a private
corporation. and the Phoenix Fire Com
pany, No. L. being being u private cor
poralion, would come under this in
hlbltion and further OF course, the Gen.
eral Assembly could not authorize and
d'rec; he city to do what by the consti.
tuition it was forbidden to do"
Mr. Fisher precipitated discussion by
remarking that the opinion was u surprise
to him The fire companies. he said, hnd
always been supported by city funds,
which led him to believe they were rs
much part OF tho municipality as other
city departments.
The only Immediate reply by the solicit
tor was that he was surprised to find the
provision SO sweeping regarding the mat
Yer under consideration, but according to
his opinion the appropriate woull be un.
constitutional The court is the proper
body to decide the question, however, and
The proper way for the Phoenix Company
TO proceed would be to take out II man
dnmuS 10 compel the city to pay the
amount. The case could then DO argued
and the point Of law settled.
In answer TO II question from Mr.. Fish
as to whether fire companies were private
corporations, Mr.. CoEIad saia that they
wee as much private corporations rs any !
OF the companiejln the city carrying on
manufacturing business. They were char
tered us private corporations by the Gen
eral Assembly, but as time wen, on and |
Il was stcn that they were really doing |
public service the Council made appro.
priai ions to Them out of the public funds
without objection.
MIR Robertson asked If the same ruling
would apply to all OF the fire companies in
the CITY. Mr. Conrad answered that In his
opinion the others would no, be affected
lie money given the other companies Is
given under lows passed by the Iegisla-
ture when that body had ample powerto
BASS such laws. As the new constitution
does II + repeal he old laws, but Un!y pre-
vents new ones to the same effect being
p ssael, tbs old appropriations stand while
lhlS one falls.
Mr. Robertson said that the con Institution
us quoted sad that no appropriation
should he made, He did not see how the
Phoenix Company could DO singled out in
this matter II one of hem is wrong then
all of the appropriations made are wrong
ly made. He took issue with the solicitor
on the ruling
Mr. Conrad replied that as the W law
did not contsin sentence expressly repeal.
Ing the Old law it therefore stood
Mr.. ODeily sud that ut first he had been
opposed to this appropriation, but after
the Law was passed by the General Assem-
bly, lie would have been willing to give he
money had the city solicitor not given this
opinion. Mr. O'Nell made sin liar state
meat
In answer to n question from Mr.. Can.
non, the chairman of the fire committee.
MI Conrad said that is was the law passed
by tho General Assembly directing Coun.
Gil to give this money which was uncon-
The opinion Of the city solicitor was re-
coived and filed, all Of the Democrats vot.
lug yes and seine Of the Republicans yot-
mi no on Il viva vUcs vote.
1t Is likely that the Phoenix COMPANY
Will take the matter into court for leci-
sion, rs the company is under heavy ex-
ponse on account I an increase in anna
rAtus and needs tbs no ley.
In Offering the opinion Mr.. Conrad said
1t wasiaEnin't his sentiment ns he thought
the company needed the mouey. Action
OF the court would release all concerned Vt
EN- barrasment, and he felt satisfied TINT
he decision would be in tho company's !
favor.
City Treasurer Curry reported tho bal
nnce in Union National Bank to account u
current expenses to bu: soc 400 %; special !
fund Tor park purposes, s2%u34.jj. ~"
collections were: Edmund Mitchell, StUl
taxes for 1897; Eugene NJ. save. s, sci,sSO
tn Kos for 1898; T. $. LOWS, <6i 53H Il take,
for 1855; Mayor McLear, s. arcnnut o: IT..
'enses, The Finance COMMITTEES recon-
mended paid the bills of the garbage coli
tractors aud the report was adopted.
The miscellaneous payroll o! 81, sos 80;
Council pny'rol! of S!752d, and police pay
roll OF s. %! "a were allowed
Mr.. Obery presented n communication
rom Francis p. Kcttlewood asking for
he return OF overpnid capitation tax md
5he commune alton was referred to tho
lnanCe comm ittee.