Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1900-05-17

President of CITY Council William s.
Alexander, having received a copy of
the following opinion, which was a
directed to his predecessor, Col. e. M.
Leitoh, who obtained it from City
Solicitor Conrad, will, at the meeting
of Council tonight, II he does not
change his mind, declare vacant the
offices of clerk and bailiff of Council,
inspector of oils, clerk Of the market
auditors clerk and treasurer's clerk;
Law Department, City of Will
mington, Delaware, July 2Sth, 1897. ~
To Hon. Charles M. Leitch, President
Of The Council OF Wilmington--Dea
Sir: Replying to your inquiry of this
date, would say that by the charter
of the city of Wilmington, as amended
by the act of March LIST, 1887, and May
3D., 1898, it is made the duty OF The
Council at the third stated meeting in
the month of July IN the year 1898 and
biennially thereafter to elect by ballot
city clerk, baiIitf of Council, an
inspector Of oils and fluids, clerk of
the market, a city auditors clerk and
q city treasurer's clerk. 1t is provided
further by section 81 of the charter
that at the same time a 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 his
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 other officers mentioned
above shall be for two years from the
first day of August next ensuing their
\ election. After consideration, / am
convinced that if The Council should
fail to elect CITY auditor at the stated
meeting providing for such election,
!. the present city auditor would con-
tinue to hold office until his successor
was regularly elected, and his acts
until his successor was regularly
elected and qualified would be valid
and legal, but as regards all the other
officers above mentioned, the terms of
the present occupants would unques-
tionably terminate on the 31st day of
the current year, and they would not
hold over until successors were elected,
but their places would become vacant
en- the Termination of the 3lst day of
July. Furthermore, | am satisfied
that If The Council should fail to elect
any OF these officers at the time pre-
scribed by the charter, il may after
wards be legally done. The omission
TO elect at the third stated meeting in
July would not relieve The Council OF
its duty nor deprive it Of the power to
elect at a subsequent time. The duty
to elect is paramount and essential,
and the provision in regard to time is
treated as directory. II the office Of
clerk of The Council should become
vacant The Council could, by motion,
appoint or direct some one to tempo.
rarily perform the duties of clerk.
Henry O. Conrad, City Solicitor
When asked about the matter last
week by reporter of The Gazette.
Mr.. Alexander said be believed it was
his duty, under the opinion, to declare
the offices vacant and unless thew
should be filled by an election
this evening would refuse to sign
their checks, as be will consider that
they are no longer employees Of the city.
he expects, however, that the Demo.
Gratis will get together before the next
meeting and agree upon slate which
VIII be elected. At present the Demo.
cratic members are deadlocked, Presi-
dent Alexander and Messrs Oberly,
Cannon, Groves, Monaghan and Healey
peing IN favor of one set of men and
messrs. Kane, Smith, Mousley and
Willis in favor of another set, and for
that reason an election has been i'm :
possible. The original slate, as agreed
upon by the said members who have
neen standing together, was as follows :
FOR Clerk OF Council, James Thomson ;
paiiiff, John Crozier; auditor, John d.
thompson; clerk of the market Thomas
Newell; meat inspector, Matthew j
Gallagher; oil inspector, Michael j.
Kelly; tieasurer's clerk, Herman e,
First; auditors clerk, John Boupb.
man. 1t 10 understood an effort will he
made to elect this slate, with few
changes, and at the same time, re-eleot
the employees of the crematory.