Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1900-05-24

Senator Wellington III Inc 0Ixtn us
trict, lie known to be an out-and. cut |
opponent to the President
COUNCIL DEADLOCK NOT BROKEN.
Democratic Members Make an Unsuccessful
EfroIt to Come to an Agreement. i
Some of the Democratic members of
City Council made an effort early Thurs
day TO select slate for city officials
that would be acceptable to all of the
Democrats, but they were unsuccessful
and at the meeting, contrary to the
expectation of many people, no attempt
was made to even take ballot.
The six members who made the slate
which has been hanging fire SO long
President Alexander and Messrs. Can
| non, Monaghan, Groves. Healey and
Oherly-held conference before the
| meeting and the matter was discussed
at length. For reasons best known to
! themselves they did not hold the con.
ference at the City Hall, but when they
arrived in the Council chamber, about
| $50 o'clock, half an hour after the
meeting should have been called, Presi-
dent Alexander conferred with some of
the four members who have been hold.
ing out--Messrs. Willis, Kane, Mousley
80, -, 49, asuaasa;,,, So, AZ
To- ~ ,d ans .o'i sh.t Az Sn5
a unuer nsst lnas .le sM naa
" oempr,,r,;so bnt tba enus mare s,,, nS
wn,,id nnt a,nant ~. +ha tar,,,s and ~ s as
Wouo ny auueps w .eri. ns,a aau u. 2, 30
President Alexapder's threat to declare
the offices vacant had had no effect upon
them. The matter Of electing officers
was not mentioned at the meeting,
eA nuas,;on nf nr;n;,aoe a VIZ a.Iso y.
th s P s sos Wy he s sau .n nsae
she sl aaoinI; ~ she niss p,ace
:ooas aooIaltns ohoes feoans anu Ie u. :.
lug " slsn one9hs anu announcing enae
L. L. 10. naas una ~ ns nu anu giving
n'e fo"s'ns io' uoins ~
PROTECTED BY THE CONSTITUTION.
Mr.. Alexander made the discovery
Thursday that the officers who are hold
ing office by virtue of Councils failure
tc elect their successors are protected
by the Constitution of the State, section
, 3 OF article 10 of which reads as follows
All public officers shall hold thyii
D respective Offices until their successors
shall be duly qualified. except in cases
herein otherwise provided. !"
On the strength of this constitutions
:. provision Mr.. Alexander arrived at thu
= conclusion, during the day, that HI
: could not declare the offices vRoan
which he had thought he had right Il
do under the following opinion which
!. City Solicitor Conrad had given to hi
= pi predecessor, Col. q. M. Leitch:
Law Department, City Of Whining
: ton, Delaware, July 28th, 1897. IT
= Hon. Charles M. Leifcn, President o
The Council of Wilmington-Dear Sir
Replying to your inquiry of this date
!. | would say that by the charter Of tn
city OF Wilmington, as amended by tn
g act of March LIST. 1887, and May Sd
70 1883, it is made the duty of This Coun
: Gil at the third stated meeting in tn
Is month of July in the year 1893 an
!, hiennially thereafter to elect by ballo
u city clerk, bailiff Of Council, an in
y spector of oils and fluids, clerk of til
10 market, city auditors clerk and
city treasurers CLERK. 1t is provide
NJ further by section 81 of the charter tha
% at the same time city auditor shall
es elected As regards the auditor, I'll
charter provides that his term. of offit
7, shall commence on the first day
y August next ensuing his election an
, he shall continue to hold office until h
lu successor is duly qualified, but it
q; expressly provided that the term of q
30 other officers mentioned above shall /
for two years from the first day
" August next ensuing their electio
After consideration, / am convinc,
OF that If The Council should fail to Gle
~ city auditor at the stated meetir
vi. providing for such election, the prese
city auditor would continue to no
a. office until his successor was regular
ne elected, and his acts until his success
90 was regularly elected and qualiti
oe would be valid and legal, but as regar
TO all the other officers ABOVE n,entione
10 the terms of the present occupants won
ne Enthusiastically terminate on tie 81
'eo day of the current year, and they won
sal not hold over until successors we
I'm elected, but their places would becoi
nts vacant on the termination of the q
md dav If .Jnlv Furtharmoro az, 60;
in aay VI o"iy' M urSnelmore, 1 am SAL
a a1u 'an ns - ms, SoI H shouid iaii
lis eoo. aLs II 'n 4h ouoS az ehe w ~
of p.sSs 10 1911, Hno Ina'er, ~ " may on.
for w. aiaot 81 r. x o.. no omhlss'
IS I'll. r,o,'ia - .at;sss my nWieesng
re- ivy mouia n I Ieue.e the oouncii
on. a,oot ,,hsaa,.,t ~ ~. "a 'n9 po"e y
To ea0o oi, as T.; uS so .iile: lne ~
mt. ~ o'eos 20 I ~ anu essentlMi,
be- tna,.ad as d;raotouu sa.le
,oaI.s as Tha 49,, n9 o,nee
and u,., nh 1omnn II a sh9ula peco
I'D, + S;at eouio, ny mot,
mn aip;uiS VI uo2s sone one 70 u
for poraa an pel' rlonn .ns 9 1 u cierh,
Mr.. lotto. - go s!i