Evening journal., 1899-07-26
OFFICE HOLDERS re GO
City Council Will Declare City
Offices Vacant After July 81.
SOLICITORS
OPINION

OftlClALo ENBlRED IN TWO
YEARS AFTER APPOINTMENT
NO CHANGE IN THE COUNCIL
SITUATION
Unless some agreement is come to
between the two factions Of the Demo-
cratic members Of City Council at to-
nights committee meeting. it is prob
able that war will be openly declared
and an issue forced.
From present indications the six
members composing the majority Of
the caucus will, at tomorrow nights
meeting make an effort to have a
number of the city offices declared va
cant on and after August 1.
LAW ON THE SUBJECT.
The basis for such action will be
found in sections one and two OF
chapter two Of the Charter Laws and
Ordinances OF the City of Whining
ton" These sections state that Coun-
ell shall proceed biennially to elect on
the third meeting night in July a clerk
of Council, baililf, oil inspector clerk
of market, auditors clerk and clerk of
the Finance Committee. That the terms
OF the said officials shall begin on the
first day of August next ensuing the
election, and shall be for the term of
two years.
In these sections there is no provi-
sion made that these officials SHALL
hold over in case Council fails to nameI
their SUCCESSORS, and on this ground
the six Democrats hope to oust the
present incumbents and leave the city
without officers to perform the duties
OF these places.
The position OF city auditor and that
Of meat inspector are not affected by
these sections, inasmuch that the sec
tions which cover the election of these
officials provide that they shall con-
tinue in Office until their successors
are duly qualified.
CITY SOLICITORS OPINION.
The same kind Of a fight over Offices
existed two years ago, when Councill
made several Intellectual efforts to
elect officers and finally, on August
declared the Offices vacant At that
time the incumbents were permitted to
hold over until September 3, when w.
p. Morrison was elected clerk of Coun-
ell pro tenn, and j. j. Ryan, bailiff pro
tenn, until the difficulty was adjusted.
In the meantime City Solicitor Con-
rad was called for in the matter, and
at the meeting Of September 3, 1897,
he presented the following setter:
ITO Hon. Charles NJ. Leitch, President
Council of Wilmington.
Dear Sir: Replying to your inquiry
Of this date would say that by the
charter of the city Of Wilmington, as
by acts OF March 1, 1897, and
May 8. 1898, 1t is made the duty Of the
Council at the third stated meeting in
the year 1898 and biennially thereaf-
ter to elect by a ballot a city clerk, a
bailif of Council, an inspector Of oils
and fluids, clerk of the market, a
city auditors clerk and a city treas
urer's clerk 1t provides further by
section 81 that at the same time city
auditor shall be elected. As regards the
auditor the charter provides that his
term Of Office shall commence on the
first day of August next ensuing the
election, and he shall continue to hold
office until his successor is duly quail
fed, but it is expressly provided that
the term Of all the other officers men
toned above shall be for two years
from the first day Of August next ensu-
ing their election. After considera-
ton, I am convinced that if Council
should fail to elect a city auditor at
the stated meeting providing for such
election, the present city auditor
would continue to hold Office until his
was regularly elected and
his acts would, until his successor was
regularly elected and qualified, be valid
and legal, but as regards all other Of
fees above mentioned the terms of the
present occupants would unquestion-
ably terminate on the 31st day of July
Of the current year. and they would
not hold over until their successors
were elected, but their places would
become vacant on the termination Of
the 31st day of July.
Furthermore, 1 am satisfied that if
Council should fail to elect any of
the officers at the time prescribed by
the charter, it may afterwards be le-
gally done. The omission to elect at
the third stated meeting in July
would not relieve Council of its duty,
nor deprive it of its power to elect at a
time The duty to elect is
and essential. and the pro-
vision as regard to time is treated
as directory.