Evening journal., 1898-07-29
SLAP AT THE PHOENIX.
An Extra Appropriation Would
Be Against Constitution.
THE COURTS MAY SETTLE 1T

ALL TINE DEMOCRATS VOTED TO
FILE THE OPINION AND THE RE
PUBGGCANS DISSENTED - ROB
ERTsON TAKES ISSUE AGAINST
THE OPINION.
The Phoenix Fire Company received
a blow at the meeting OF City Council
last night, when City Solicitor Conrad
gave 1t as his opinion that 1t would be
unconstitutional for the city to pay the
extra Sl,50O appropriated to the fire
company by an act Of the Legislature.
AT a previous meeting OF Council an
ordinance creating an extra appropria-
ton for various purposes, one Of which
was for the Phoenix Company, was
passed The matter was referred to the
city solicitor and Mr.. Conrad's opinion
was as follows:
Gentlemen: After careful consldera-
tion, | am satisfied that the provisions
contained in An ordinance making an
extraordinary appropriation for fire
companies, salaries and the Board Of
Port Wardens,' whereby the sum OF
$500 is appropriated and placed to the
account Of fire companies, is in con-
iiict with the new Constitution OF the
State OF Delaware, and therefore un-
poncfffuffnnaI ~ opd ,rofd
Section s, OF article s, of the new
Constitution, is as follows: No county,
city. town or municipality shall lend
It's credit or appropriate money to, or
assume the debt of, or become share
holder or joint owner in or with any
private corporation or any person or
company whatever 1t is very clear
from this section that no city shall ap-
propriate money to a private corpora
tion, and this being the case it Is evil
dent that the General Assembly of the
state exceeded its constitutional au-
thority when It passed, on May 3, 1898,
An act to amend an act to revise and
consolidate the statutes OF the city of
Wilmington, being chapter 2O7, vol
ume II, Laws OF Delaware. and actf
amendatory thereof, and to increase
the annual appropriation to the Phoe.
nix Fire Company, Of Wilmington
Delaware, by the city OF Wilmington.
Under present Constitution the city
cannot make an appropriation to a pri
vate corporation, and the Phoenix Fir
Company, No. A. being a private corpo
ration, would come under this inhibi
tion; and further Of course the Gen
eral Assembly could not authorize an.
direct the city to do what by the Con
stitution 1t was forbidden to do"
Mr.. Fisher, OF the Sixth ward, aske
that Mr.. Conrad give a full explanation
Of the decision. The city solicitor sal
that he did not know the sweeping ei
feet Of the new Constitution until thi
matter caused him to look 1t over. II
said that 10 grant the extra appropria
; tion would be unconstitutional and tn
court would have to settle the poinf
He was asked If the fire companie
were private corporations, and answer
ed that they are, but on account OF tn
public service rendered Council appro
prlated money for their maintenance.
Mr.Robertson, OF the Fifth ware
took issues against the ruling OF Nj
: Conrad, and held that If 1t wer
=. against the Constitution to gran
D money to the Phoenix Company, the
b it was illegal to grant money to any {
; them.
Messrs. Oberly and O"Neill said tha
= had not the opinion Of the city solicitc
: been given they would favor giving IN
money, but as 1t was illegal, they wer
against it.
The opinion was received and filet
all OF the Democrats voting for It an
7 the Republicans against It,
D The Phoenix Company may take th
: matter to court.