The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1900-05-18
COULDNOI va
CATE OFFICES.
New Constitution Prevents
ed President Alexander
:. From Taking Such
Action.

City Council, President ALEXANDER
instead of declaring the city Offices
vacant, announced that the present
officers would hold their positions
until their successors were elected.
This action was eurprisc to most
people, as it was expected that he
would declare the Offices vacant,
ROUTINE BUSINESS.
The finance committee presented
a resolution transferring the fol-
lowing amounts from from miscel.
laneous account; to salaries $472;
garbage. $l94; crem atory, 500;
printing, 1925.
City Treasurer Hamann reported
the balance in First National Bank
on account to current expenses to
be $1l, 271. 80. Union National Bank
$7.O26,OS. Received from T. s.
Lewis, $1,002. E. M. Sayers, $1,000
&c. Pyle $40. -.
Mr.. Mousley presented an ordi-
nance to amend the present. fire
ordinance. The ordinance would
change the salary Of The chief en-
gineer from $500 70 5000 year.
This being all the business trans
acted, president Alexander arose
apG addressed the Council as fol.
lows:
Gentlemen: would like to make
a little statement to you. | have a
few documents which | desire to
read and then to say something.
There has been eGnss!ass r abs till I'LL,
in the press in refersnts TO. city
Offices. The opinion says that the
terms Of t .i.ase onicers snc c exolra
at a certain time. in accordance
with the CITY CHI arter. >"
President Alexander then read
the opinion of Solicitor Conrad that
all Offices except city auditor be-
come vacant on July 81.
/ Just state, he continued, this
opinion was the one upon which
was based the arguments made by
me. ~
He then read a second opinion,
as follows, from Mr.. Conrad:
wering your inquiry OF this
date, would say that section 30, OF
the City Charter, expressly provides
that all elections for officers to be
appointed by the same Che Coun-
ciD, shall be by ballot and by
ma iority Of all the members OF the
Council. This being fixed by law
a motion to continue an officer other
than protempore would be clearly
out of order, the only manner in
which city officer can be appoint
ed, either for the full or uneXplred
term, being by ballot, and an cleo
ton would not be legal it taken by
a viva voce vote on simple mo-
ton.
The filing of an Office pro-tempore
means, in my opinion, an appoint
ment for the time being only, and
there is no, warrant 10 law for
pro.tempore appointment extend
ing over an indefinite period neither
do believe that pro-tempore APP
poiutment could be constructed to
extend over an unexpired term.
Continuing, President Alexander
said: l will state asked the so.
licitor's opinion on this matter. l
regret that Council has failed to
elect. | am ashamed of it. With
all respect 10 those who hold Office.
Council should elect. l find that
under the new constitution officers
of a city hold their places until
their successors are elected, This
is found in article Is, section 5, OF
the constitution, and is of course
paramount to any other law. While
| think Council should elect, and
while think il the duty OF Council
to elect, must declare that under
the new constitution the present Oh
ticcrs are legal officers oil the city,
and under the new constitution
must hold their Offices until their
SUCCESSORS are elected.
Among those present at the meet
ing last evening were: City Treas
urer Hamann, City Auditor Pyle.
Chief OF Fire Department, John 4.
Welsh, Martin y. Keough, Milk In
spector NcEvilly, John D. ThomP-
son, who is a candid ate fns auqltor
Michael Devine, candidate for meat
inspector.