Evening journal., 1898-09-09
MUST SIGN THE CHECK
Auditor Pyle Must Put His
Name to the Phoenix Check.
so ORDERED BY CITY COUNCIL

\
BY A VOTE OF EIGHT TO FIVE.
EFFORTS TO ElAVE THE MAT
TER DELAYED PROVE FRUIT
LESS - MANDADdUS PROCEED
INGs.
City Auditor Isaac @. Pyle must sign
the check for $3.50 drawn by Council
in favor of the Phoenix Fire Company,
as a part of dts extraordinary appro-
priation. So ordered Council at its
meeting last night by vote CT 8 to 8.
Mr.. oberly. OF the Twelfth ward,
handed to President Deitch the follow
ing communication, with Councils
check for $3.50 attached:
Wilmington, Sept. 8.
To the President and Members OF the
Council of Wilmington, Delaware.
Gentlemen: l respectfully return
herewith check No. 6,16O, dated Sep
tember l, 1898, for $3.50 drawn in IA
vor OF the Phoenix Fire Company from
which l have withheld my signature
for the following reasons; quoting from
section 80, OF the city charter, con-
slider that this check or draft is made
without the sanction of law and with
out an extra appropriation by Council
regularly made. My conclusion to this
Is based upon the written opinion OF
: the city solicitor, which was presented
| to your honorable body under slate OF
July 2S, 1898, whereiR he holds that
the city has no authority under the
new Constitution to make an appropri-
alton, and expressly asserts that the
I city has no warrant of law to pass
5 an ordinance to increase the appropri-
alton OF the Phoenix Fire Company
:, II there is no warrant of law for pass
' ing an ordinance for that purpose,
= there surely could be no authority in
t the Council to increase the appropri-
z alton by simple motion. l, therefore,
o feel warranted in returning it to your
r honorable body TO further considera-
: ton. Very respectfully,
ISAAC c. PYLE,
Il City Auditor.
q After the above had been read by
Clerk Morrison, Mr.. Oberly moved that
! it be referred to the Law Committee
IS Mr.. Robertson was on his feet at once
> and wanted to know why the matter
J. should be referred TO the COMMITTEES
@ again, as Council had all the law on
the subject that was necessary. He
! thought Council should take action in
Z the matter at once.
ls Mr.. ONein suggested that it be laid
Is over for two weeks for further con
/ sideratlon, as he was opposed to bring
ing it before the Law Committee. az
he knew how that committee felt OF
the subject. Mr.. Leary made a motion
id to the effect that 1t be laid on the table
he Both Mr.. Oberly's and Mr.. Leary's mo
Of tions were lost by the following ay'
IL and nay vote:
NJ Nay-Messrs. O'Neil, Cannon, Zeb
E. lley. Watson, Robertson, Morris AM
Tt President Leitch.
l.. Aye-Messrs. Leary, Smith, Ober.y
r. Kane and Healy.
rs. Absent-Mr. Fisher.
lp, Mr.. Robertson thereupon moved tina
I'd, the communication be received and tn
zee auditor instructed to sign tho checi
re- In support Of his motion he read fror
ID chapter 3 Of the city charter, settin
CT, forth the duties OF the city auditor. Tn
as motion prevailed by the followin
vote:
Ayes-Messrs. O'Neill, Cannon, zel
ley, Watson. Robertson, Morris. Fish'
'u- and President Leitch.
Nay-Messrs. Leary, Smith. Oberl
" Kane and Healy.
ne Mr.. Pyle will therefore sign II
'lll much-contested check and turn it ov'
wv to City Treasurer Pyle for paymen
I've and the Phoenix Fire Company wi
" receive the money unless, which wi
une probably be the case, those membe
-'O Of Council that are opposed to d
'"e appropriation on legal grounds tai
out a writ of injunction through Z
city solicitor restraining the payne
~, of the check by the treasurer, and IN
- will throw the matter into the cour
80 Mr.. Oberly presented a commune
80. ton from Mrs. e. C. Marks, preside
Nh Of the Delaware Industrial School I
a. Girls, requesting that the sum OF
=. be paid over to Mrs. Laura p. Wei
treasurerof the institution, that amou
- being due the school from the city
fines collected in the case Of Fra
Clark, James Hubbard and Willi'
was Hanrahan, who were convicted In
This Municipal Court on March 10, 1898,
st violation of chapter 191, volume
aer- of the Laws OF Delaware, and 81
at tenced to pay fine of $40 each for
offense.
These men were charged with aidi
and abettinR the escape OF three gi