Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1900-08-30
NOTWITHSTANDING INSPECTOR.
City Coyncii Decides That 1t Has No Legal
Obligation to Pay His Salary.

City Coyncu pecines 1hat ~ mas No Lesai
Obligation to Pay His Salary.
By authority Of City Council. Clerk
William p, Morrison will notify the
Street and Sewer Department that
Council will no longer pay the salary
OF the plumbing inspector, Who is
Eward F. Kane. Council reached this
decision at its meeting Thursday, after
hearing the opinion Of City Solicitor
Henry @. Conrad that it was the bust
ness OF the Street and Sewer Directors
to pay the salary, and Council was
under no obligation to do so.
The opinion of Mr.. Conrad was ad.
dressed to Chairman james Kane of
the finance committee and was as
follows:
Dear Sir. The General Assembly Of
this State by an amendment to the city
charter, passed Mt Dover April 18th,
1889, authorized and empowered the
Council by ordinance to adopt and
promulgate suitable rules and regu-
lations for the constr uction of house
drainage and cesspools, and to provide
for the registration of plumbers aud
persons engaged in the plumbing bust
ness In the city of Wilmington. It
further provided that the Council
should establish a system of inspection
and supervision over all house drainage
and cesspools, and appoint such io-
poctor as may be necessary.
The Council in pursuance Of this
authority passed an ordinance on Jure
9Th, 1889, entitled 'An ordinance to
create a plumbing inspector for the
city Of Wilmington and to provide rules
and regulations relative to plumbing
and draining.n The ordinance pro.
vided for the inspector to be elected in
May, 1899, and to receive salary oil
81, 800 a year. Edward F. Kane was
subsequently elected plumbing in
speotor by the Council for a term Of
three years,
Under date of May 18th, 1891. the
General Assembly amended the Act
passed April 25th, 1889, and thereby
transferred all matters relating tc
plumbing inspection and regulation tc
the Board of Directors of the Street
and Sewer Department giving to thu
latter departme the authority tt
appoint the plumbing inspector, anc
providing expressly that said depart
ment should make provision for tn.
payment Of his salary at such com
pensation as may be approved by th'
Council. On May 3lst, 1882, the Boarc
of Directors of the Street and Sewe
Department eleuted Edward f. Kan
plumbing inspector without specify I'M
for what term he was elected; m.
understanding is that he has servet
from that time to the present withou
being reelected.
| have given the matter careful at
tention and am convinced that tn
salary OF the plumbing inspector shout,
he paid by the Board of Directors @
the Street and Sewer Department, an
that the Council is under no legs
obligation to pay the same. The Ac
OF May 18th, 1891, expressly takes ava
from the Council the whole matter G
house drainage and plumbing in
speotion and clearly puts the burde
of the same upon the Board Of Director
Of the Street and Sewer Department
the wording Of the act being that tn
Board OF Directors of the Street an
Sewer Department shall "appoint sue
inspector as may he necessary, at sue
J compensation as may be approved b
said Council and make provision ft
payment of same.
After it had been read. Mr.. Kar
moved that the clerk be instructed |
notify the Street and Sewer Director
that Council would no longer pay Il
salary of the plumbing inspector. tt
| motion was adopted with dissent.
City Treasurer Hamann reported Il
balance in First National Bank to Il
4 account Of current expenses to
S72, 1854. "A; in each Of the four depos
? tory banks, s3l, 500; total, Sl99, $40.
!. His receipts we're: From Tax Collect,
r Sayers, $1,000; Tax Collector Levi
, 1911,