Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-03-17
PROPOSED NEW CITY CHARTER.


sent to Dover the draft of tho proposed
new city charter, with various changes,
accompanied by the following suppIe-
mental report:
10 the Honorable. the General AS
sembly OF the State OF Delaware:
The commission to which was re-
turnsu for further consideration, pur-
suant 10 q resolution OF the Senate, the
hill reported by it and introduced in
the Senate, being Senate Bill No sc,
entitled ian Act 70 Altar and Re.
establish the Charter of the City OF Will
mington and TO Provide for the Better
Government Of said City, " returns said
bill herewith to the Senate and re-
Bpectfully submits the following report: :
The bill has bean revised and changed
in many OF its provisions. Alterations
suggested by citizens of Wilmington.
and amendments proposed by the Senate
COMMITTEES on cities and towns have
been adopted by tho commission !;
statutes relating TO Wilmington passed
by tina General Assembly Ht its session
last yehr, and requirements of the new
state Constitution, applicable to the
city government, have been Incorporated
in the uill. So materially has it been
commission has deemed it best to pre-
pare substitute, which it presents as
part OF this report
The corporate powers as defined
in the substitute bill differ in some
particulars from similar provisions in
the original hill.
The power to annex additional terri
tory upon the petition of three fourths
nf ba 4 4.
exercised 10y the Council, with tho con
currence Of two thirds of ali the mem
bers, but any freeholder in the territory
proposed to be annexed, who may feel
HggrieVed, has reserved 10 him the
right OF appeal to the Superior Court
for New Castle county, which is en-
powered TO review Inc proceedings
hefore the Council, and il il shall find
that three fourths of the resident free
holders OF the territory have not ppti-
TONED for annexation, and that the
adding of such territory to the city will
not lie for its interest and will cause
| manifest injury TO persona owning real
estate 10 such territory, the proceedings
for annexation shall terminate and end,
The provisions in the original bill
giving the city control over railroads
substitute.
The granting of franchises for the use
of the streets and highways of the city
is limited under the substitute to q
| period of twenty years, and no ordi
nance authorizing such grant shall he
maze except with the affirmative votes
Of two thirds OF all the members Of the
Council and the approval of the mayor.
| nf ht. sha
that the powers proposed to be dse
gated to the city are only such as a
we'll organized municipality should
have to properly conduct its affairs,
anil by comparison with the innumer
able statutes for the government of
\ Wilmington passed from time TO time
it will be- found that except in few
new puwers, essential to the reorgani2a-
| tion of the corpuration OIL the lines OF q
modern city, the hill does not differ
substantially from those statutes.
| 10 remove all queations as to the
intent and meaning of the corporate
powers ana to meet purely technical
objections, heretofore made. it is ex.
pressly provided that the corporation
snail, in the exercise of these powers,
conform in all respects to the Constitu-
tion and laws of the State and OF the
United States.
The bill divides the city into five
wards, identical with the five repre-
sentative districts defined in the new
Constitution, from which the members
OF the Council will be chosen. The
commission devoted much time to the
study Of the various plans laid before
1t for wnrd division and was convinced
that none Of them provided for as equal
representation of the inhabitants in the
Council as is assured by the adoption
of the representative districts as wards.
From each of the five wards three
Counoilmen will he elected. No voter
will he allowed to cast his ballot for
more than two candidates, thus eneur
ing the election Of one Councilman by
the minority party in the ward AS al
present constituted the Council con
tains five members who represent d
large majority of the qualified voters.
while the majority members, seven in
numher, represent comparatively
small minority Of the whole vote of the
city. This inequality will be impossible
under the HpportionmenJ now provided
for, and the commission asaerta without
fear of successful contradiction that,
allowing fer slight fractional differ
ence5, which must always exist whore
Councilmen are chosen by wards the
inhabitants OF Wilmington will be
equally represented in the Council
chosen under the bill submitted.
This arrangement OF wards mas still
more important advantage to the people
in the fact that it renders impracticable
the election by any political party OF
two-thirds of the members OF the
Council and the subsection of vital
municipal Legislation to the censorship
of ths party bose This commission
believes that this will tend largely Ia
the elimination OF craftsmanship from
the deliberations of the Council and to
the consideration Of measures brought
before that body strictly upon theii
merits. 10 the accomplishment of thit
most desirable result the taking of the
power of appointment of any city
officers away from the Council will con
tribute in no small degree.
Under the hill the Council is limited
to the selection of such officers as are
necessary to It's organization. 1t is,
however, very properly given the power
OF confirmation OF the mayors appoint
ments, hut with such limitations that
1T will not be possible for small ma,
J lority of the opposite political party
J from the mayor 10 persistently REFUSE
consent 10 his selections and ultimately
, prevent the organization Of the execu
tiye departments. The Council is &C
corded the fullest legislative powers
and supervisory control over all thu
business of the corporation. 1t maj
call the mayor or any of his subordi
} mates to account, and take any nesdfu
measures for the protection of tbs
| nennla frnm M acknowledgements and aY