Evening journal., 1901-10-02
WATER BOARD
PASSED CHECK
While Council Was Obtain
iDg Opinion Commission
erS Took Action

Disregarding the action of City Coun-
ell in holding up the $4,000 check
drawn by the Water Department for
part payment on the Weldin property,
the Water Commissioners, by unani-,,
nous vote, passed the check at a meet
ing held yesterday afternoon.
AT tine meeting the Finance Commit,
tee of Council submitted three
Questions to City Solicitor Rein
lhardt, on which 1t asked
his opinion. The first was whether the
Water Department had the power tOl
purchase land for reservoir purposes,
without an act Of the General Assem-
bly,; second, whether 1t had the right
to purchase land outside the city linn
its for any purpose; and, third wheth
er that body would have the right toI
use its funds in the purchase of lands
without first being empowered by the
! General Assembly to issue bonds for
such purpose Mr.. Reinhardt inform
ed the committee that 1t would be two
or three days before he could give an
opinion, and so informed the City Au-
ditor. Council, therefore, naturally be-
lheved that the Water Department
would take no action until the opinion
was given
PASSED THE CHECK.
When the commissioners met yes
erday afternoon John S. Grohe, ee,re-
tary Of the board, presented the check,
which had been returned unsigned by
City Auditor John Boughman, AMI read
la communication from him setting
| forth his reasons for not signing H.
| Among tho reasons set forth by Mr.
Boughman in support Of his action
were:
"First-Inasmuch as section of the
act creating the Board Of Water Com
missioners states that all titles
to land shall be vested in the Mayor
and Council OF Wilmington, naturally
concluded that the Mayor should be a
party to the agreement.
"Second-As It has in all previous
cases been the custom. when you de-
sired to make payment en- account Of
lany contract or purchase to have a
bill presented for audit IL the usual
way before checks a,c avn. see no
reason why an exception sho'ld have
been made in the case low u. dc, con
federation.
"Sincc t'en the Council has also re-
lCues,ed me by resolution to wiAhOld
Imy signature.
Also the city solicitor stat d t. ms
this morning that he was nc. ready
, with his opinion in the matte, and had
lnotfed you as to that fact
81, therefore, respectfully rotura ths
check without my signature pending
b., Y,rof,a-s i 1fttef rprnf ~ .'1.1 rnuffor,
DR. J. p. Pyle asked IL amy opinion
had been received from the City So
icitor. and was informed that thf
board had received rOne. Upon mo
l ion OF DR. Pyle, the board thereupor
unanimously decided TO pass the check
thereby overruling the decision of tbs
City Auditor to withhold his sigma
. ture. The only course now left fol
Council TO pursue is TO take out an in
e junction, and this could not be done
! in time to stop payment on the check.
/ Under THE law the commission viii
Z now notify the Auditor of the action O
tho board. and he win be Furnished
I with copy of the resolution, and als'
shown the minutes of the meeting a
which the action was takes.
City Solicitor Rcinhardt said las
night that he had notified the Cit!
Auditor regarding his opinion, and ad
yised that official TO hold the matte
up until his opinion was ready.
ROUTINE WORK OF THE BOARD
Considerable routine business wa
{ transacted at yesterdays meeting.
, communication was received from tn
e Street and Sewer Department sayin
S that It's bill Of s1.1OS.73 for repairs t
e streets made necessary by the break il
a Rodney street reservoir was correc
e and asking its payment. No actiol
= was taken.
a The subject of lightning rods on tn
Rockford water tower was considered
butt the matter WIS not decided
o. The balance in bank was reported t
, be s63.S2413. The weekly payroll O
!. eSS2.6l was ordered paid.