The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-09-02
PHOENIX GETS
ITS MONEY.
Notwithstanding the Opin-
ion of Mr.. Conrad that
to Pay II Would
Be Illegal.
WILL TAKE CONSEQUENCE.
Kane Votes Against Allow
ing the Appropriation
Then Asks to -~
Change His =
Vote.
DISCUSSION AS TO LEGALITY.

DISCUSSION AS TO LEGALITY.
Notwithstanding the clear and forcible
opinion OF City Solicitor Conrad that to al.
low the Phoenix Fire Company an addition
al appropriation Of s150o would be In vlo.
lation OF the Constitutional law, City
Council last night voted the company a
semi annual appropriation of $3.50, ard
every one of the eight members who drove
to the -four winds the solicitors opinion"
asMr. Smith remarked duiing the discus
sion, which was treated in more than one
way, is prepared to abide by the conse-
quence.
ed by every menAber Of the body and clev-
erly won by theAlx Republicans and two
Democrats who Aiukcd arIns for the aAops
tion ny tho inutidh, for only suoh 1t was.
The subject waa: Introduced BY Chair
man Cannon OF thesfr comniLtee who
ited the companies they be allowed tho
usual seml-annual appropriations,a and the
officers their yearly salaries. The COM
mittee's report set out that Sl75O was due
4 each company y excepting the Water Witch
Washington, Weccacce and Phoenix, the
first being entitled to $4,000, the second
s225O, the third $3.50 and the Phoenix
Company &250O.
The motion to adopt the report was sec.
brought MIR. Oberly to his feet. He was
evidently taken by SURPRISE but soon rs.
covered sufficiently to put temporary
black eye on the attempt to adopt the mo-
tion. He explained that while he was of
he opinion that the company should have
the money and that he would not oppose
any effort to get 1t, he did not feel satis-
fed In having to pay portion OF 1t out OF
his pocket which lawyers snid would GER
tainly have to be done in the event Of the
matter being brought into court.
Mr.. O'Neil started the ball rolling in
earnest by declaring the question vexed
one. He subsequently remarked that when
tho matter of allowing the $500 appropria-
tion was brought before tho Legislature
he opposed it, considering tia bad proced.
ent to burden the city with more taxation
for the especial purpose of granting fire
c mpany's whim. But the Legislature
saw fit to pass tho law which the city 80
lcitor afterward dec ared illegal.
"Some time we heard the opinion" con-
tinued Mr.. O'Neil "and in defonce to
that opinion we postponed action. There
is some injustice here. We have complied
with tho legal requirements and fail to see
why Council should be restrained from
adopting the motion. l have the greatest
respect for the opinion of the solicitor but
only SO far rs believe him right, and not
until l see the proper authorities restrain
us from allowing this Company It's money
will my voice say don't pay It. We are at
liberty to act independent Of the opinion.
Although this company acted indie
pendcntly when 1t began the work which
necessitated this extra appropriation, we
should make some allowance inasmuch as
we have made mistakes The money is now
needed and If 1t Is withheld the company
will suffer. don't think any fair minded
man of Council will say that he wouldn't
help this company in the present emergen-
cy. I suggest that this matter be refsrred
back to committee for another careful
then bringit up 1t the next
Meeting when hope it will be voted on
with view Of justice.
II do not care to infringe on the preoya.'
tive of the city solicitor and thereby bring
myself into contempt among the legal fra.
tarnity but fail to see any legal act pre-
venting this body from pay ing that money.
The solicitor Is simply an EN- ployee of the |
particular point. II we are willing to |
nbide with his decision. all right; II not,
otherwise. for one, fear no personal re- |
In the matter. l again sug- |
gost that the matter bo referred back to
committee.
Mr.. Robertson next spoke In favor of al
lowing the appropriation. He said the
opinion OF Mr.. Conrad was one which was
not agreed with by every ybody. II did not /
,smuch as thought that II the Phoenix
Company was not entitled to an appropri-
etion the other companies were not. The |
Legislature has made 1t compulsory on us |
10 give that company the money and as we
ire subject to the will of that body we |
have to obey what 1t dictates. This ques-
lion Of the companies being private cor
is one which have studied and
t ismy opinion that they are not. There
.re ordinances on our statute books which
'egulate the fire companies; by them this
council Is compelled to visit the companies
vice year and see that they have certain
I say a corporation under such band is
lot private corporation. and am there.
orc ready to cast my vote In favor of al
owing the company Its money
Mr. Smith declared that as solicitor Con-
ad had snid the companies were private
ield with the opinion. The companies.
Mr.. Smith con.ended. could close their
oors today and council could not prevent
t. 10 set aside the opinion Of the solicitor,
mid would DO reflecting on his abb lity. He
therefore, was not ready to drive the opin.
on to the four winds and urged his col.
cagues not tobe too hasty in voting against
he opinion.
Mr. Healey thought the matter could bo
ettled by making an extraordinary ap-
ropriation. but it was the opinion Of
ther members that such an appropriation
vas not necessary as the fire com mittee
as $4,000 on hand
Mr.. Leary thought that to allow the
money was exceeding the authority OF the
ody and he for one was not ready to ex.
eed his personal authority.
Mr. Smi remarked that his oath Of Of
ce prevented him from voting for the ap-
ration, knowing the opinion Of the So
citor on the question. IF we allow this
.oncy," he said MIR. Conrad says we will
lake ourselves liable, and Twill not agree J
D make myself liable. I would have
greed to let the company have this money
legal advice had not prevented, but
lnnot override the opinion Of this city's
gal advisor and will not be party to
Mr.. Leary considered the discussion out
I order and raised the point He thought
10 talk was new business and not discus
on on the report Of the committee. He
therefore, moved that the report be referred
} the fire and law committees The motion
as put and tho vote so complicated that
be yeas ard nays were called. 1t resulted
4 tie, whereupon Mr. Watson put the
,otion to adopt the committee report and
was carried, all the Republicans and
lessrs O'Neil and Cannon voting with
hem. :'~"f -
Mr.. Kane afterward wanted to record
is name with those In favor of the ap-
roprintion but President Leitch inform.
l him that tho motion had been carrie d
nd he was therefore too late.
The discussion Of the matter was llston.
to by several members OF the company.
uring tho evening it was remarked that
10 company had done much good in the
ty and to deprive 1t of the money would
rely result i'll it having 10 abandon its
,od work.
I he mat e. Of allowing the u,pprorria. |
Oh was fully discussed In committee |
'ednesdGy night when 1t looked as If the
oney would not be allowed because of 1
% solicitors opinion, To evade the opinion !
was suggested that the company lease /
ambulance and truck to tho city for .
500 yea:ly, but many members thought |
ch action would OF en the door to a paid 9