The sun., 1900-05-11
President of Council Takes No
Decisive Sttp Owing to Mr.
Kane's Illness.
ALEXANDER HAS AN OPINION
He Admits That He Has legal Infor-
nation Which Had Been OBJ
tained by Former President
Col. Leitch---DemOcrati
Workers Hopeful.

Indications last night were that tie
change in tile Councilmanic dtailock
over city officers, paedicted ia The SUN
Of yesterday would come sooner than ex-
pected.
The publication of the r. port that
President Alexander was seriously con-
sidering the matter of declaring vacant
the city offices, for which there was no
election last July, caused renewal of
public interest in the subject. Candi
dates for the various offices who had
been keeping quiet for monte, have
again boomed forth and are az n but
tonholing the Councilmen.
Last nights meeting of Council at
tracted larger crowd of onloUkers than
any meeting for some time.
1t was expected by some tlat Presi-
dent Alexander would take some de.
cisive step last night but he did not do
it, and said when asked for his reason
Tor not doing so, that he had postponed
action on account Of the absence ofJames
Kane, Councilman from the Fourth
ward, who is i'll.
President Alexander admitted that lie
had possession Of legal information on
the standing of the city officers which
had been obtained by Colonel G.. NJ.
Leitch when he was president OF Coun-
Gil. 1t is in the form OF a copy Of an
opinion given by City Solicitor Conrad.
The opinion is as follows:
'sJuLY, 2S 1897.
''To Hon. CHARLES NJ. LETcH, lEEsI-
| DENT OF THE Council or WHINING.
a "DEAR SIR: Replying to your inquiry
OF this date, | would say that by tie
/ charter of the city OF Wilmington as
: amended by the act OF March l, 1887
s and May 3, 1898, it is made the duty Of
8 The Council at the third stated meet
ing in the month of July, in the yeal
i: 1898, and biennally thereafter to elect
!, by ballot city clerk, bailiff of Coun
n Gil, an inspector OF oils and fluids, {
J, clerk of tie market, a city auditor
}; clerk and city treasurer's clerk.
k "It is provided further by Section 3
3 OF the charter that, at the same time.
|, city auditor shall be elected. AS reg nd
|, the auditor, the charter provides tia,
/ his term of office shall commence oil tl,
,s first day of August next ensuing tn
$ election, and he shall continue to mol,
office until his successor is duly qnrli
fed but it is expressly provided ina
the term OF all other officers mentionp
above shall be for two years from a
4 llcu h0g VI @1hBhSV iC@Au NASbih5 hi'N
l. their election.
after consideration, / am convince
:, that if The Council should fail to elel
- a city auditor at the stated meeting prC
a. a. viding for such election, the present cit
:, auditor would continue to hold office III
~ ~ til his successor was regularly elected
"a "a and his acts until his successor Wa
~ regularly elected and qualified would
- valid and legal, but as regards all th
i, other officers above mentioned, the tern
~ =, OF the present occupants would unique
~ ~ tionable terminate ON the Thirty-fir
ol day OF July of the current year and the
~ y would not hold over until successor
u were elected. but their places would b
~ -, come vacant on the termination OF Il
~ Thirty-frst day of July.
Furthermore, / am satisfied that
be The Council should fail to elect al
no l'o of these officers at the time prescribe
60 by the charter, it may afterwards
hv legally done. The omission to elect
'rs the third stated meeting in July wou
On not relieve The Council of its dut
~ nor deprive it of the power to elect at
paramount and essential and the pr
10 vision in regard to time is treated
:, directory.
re Council should become vacant It
)y Council could, by motion, appoint
e. direct some one to temporarily perfor
the duties OF the clerk.
(Signed) HENRY G. CONRAD "
An effort will be made during Il
week to effect compromise betwe,
the 'solid SIX" Councimen Alexandt
is' Cannon, Monaghan. Groves, Healy al
Oberly, and the "big four" Councilm
rrs Smith, Mousely, Kane aud Willis Pre-
ard dent Alexander now believes that the
no will be no necessity for him to declf
;n' vacant the city Offices as he expects
av. a new set OF officers elected We
: ~ er shortly. The illness OF Councilman ka
~ may delay the holding OF caucus foi
ase few days.
Low Democratic workers, and espccia
10y the friends OF the many candidates
city offirt g, share in President Alex;
der's b, lief that something will be dc
shortly.