Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1902-10-16
THE PROPOSED NEW CHARTER
Considered Monday by City
Councilmen and a Com
mittse of the Board
of Trade.
DISCUSSION OF VARIOUS POINTS
Question Concerning Limita-
ton of Franchises.
The Future of the Fire Department Under
the Proposed BILL Was Discussed. and the
Qualifications of City oniciais Received
Consideration. IS 80

| Ihe members OF City Council as
committee of tho whole and the charter
committee of the Board Of Trade re-
| sumed the discussion of the proposed
new city charter Monday evening, in
the Council chamber.
President Blaine of Council and
Secretary Monaghan being absent, Mr..
Kane called the meeting to order and
John s. Rossoll of the hoard of Trade
committee consented to not as secretary
The section of the charter under dis
oussion was that part relating to the
corporate powers OF the city.
Mr.. Rosaell explained that the Board
of Trade bill was drawn with the
greatest possible care, and with the
assistance of j. Harvey Whiteman.
William p. Bancroft, when called
upon to verify the statement made by
Mr.. Rossell, said that the committee
did the best it could il the short time,
hut that BIO did not feel so sure OF its
being absolutely perfect
jerome B. Bell said that the com
mittee had done the best il could in
tho time it had.
The first section Of the bill taken
up relates to the thickness of walls and
the setting of the curb.
Mr. Zebley asked ii the clause from
building line to building line" meant
that the city should keep up the paving.
He said that this matter was the cause
Of much contention al this time.
Mr.. Rosseli said that it did not mean
that.
Mr. Simmons said that the same
question had come up in his mind.
Mr.. Rossell said that tho matter in
his opinion depended altogether on the
validity of the laws giving power to the
Street and Sewer Department.
Mr.. Bell thought it would be better
to give the City Council control of the
streets and pavement and let it see that
they are kept up, giving it the power
to make rules, regulations and charges
for the work.
Mr.. Rossell said that there had been
objections made that the bill was too
voluminous and that it was said to
contain as much as the charter of New
York.
The section limiting the franchises
to period of 20years caused some dis
cussion.
Mr.. McCafferty thought it would be
too long
Mr.. Rossell said the franchises granted
to railways at present were perpetual,
but that the new provision would not
affect existing franchises.
1t was explained that franchises
granted under the new charter could
be revoked il they proved detrimental
to the interests of the city.
Mr.. Bell cited the memorable FIGHT
OF the Brandywine Springs Co. to enter
Wilmington.
MIR: Smith said that the Chancellor
had decided that the power that granted
the rights to the Wilmington CITY
Railway Go. could take them away.
Mr.. Bell said that the Chancellor's
decision amounted to that.
Mr.. Rossell did not think that it was
right for corporation to have it's
charter revoked or its rights taken
away when it was operating in con-
formity with the law.
Mr.. Smith then explained that The
Wilmington City Co. had not used the
streets for the purpose they we're given
to it and that the Brandywine Springs
10. was given permission to use the
streets. Mr. Smith thought that the
franchise could be granted with certain
provisions and if these requirements
were not complied with the penalty
could be tho revolving of the franchise.
Mr.. Smith again asked for informa-
ton upon the provisions relating to
fire companies He asked if it would
permit the city to appropriate money
to tho fire companies and said that
under the Constitution the City Council
could not appropriate money to the fire
companies us they wore private cor
porations.
Mr.. Rosseil was Of the opinion that
the companies we're quasi corporations
and that he did not think there would
be any trouble on that line. He further
remarked that the bill empowered the
City Council to provide a fire depart
ment and q police department.
Mr.. Reed said that in his opinion IL
the Legislature passed this charter it
would wipe out subsequent legislation
in that line. He said he believed that
Council could have paid fire depart
ment il it SO desired, after the charter
has been passed.
Mr.. Cannon said he looked at the
matter in the same light.
Mr.. Rossell said that be did not so
understand it and he read section
providing that the business should be
managed as before so long as it was not
inconsistent with the new charter,
The question OF finances was passed
over for future considerable az it does
not provide for floating debt and its
object is to get the city out Of debt
Mr.. Rossell asked the members to
wait until they came to the provision
collecting taxes and they would see that
1t meant surplus instead of deficit.
Mr.. Kane said that surplus was not
good thing.
1T Is better than debt, . responded
Mr.. Rossell.
Mr.. Bancroft asked If there was a
city power now that provided for i'm
priaonment
Mr.. Kane said that there was such
an ordinance.
Mr. Bancroft said he had heard the
matter questioned by an attorney.
Mr. Kane asked Mr.. Rossell to read
section 81 of the existing city charter,
as he said he had been the subject of
much criticism on this point. Tho
section was read. 1t is as follows:
Whenever any extraordinary appro-
priation shall be made by the Council,
the amount SO appropriated shall be
paid out OF the taxes, rents or receipts
OF the fiscal year then current, if the
Same shall be sufficient; and In case
the amount of ANY extraordinary appru.
priation shall be in exuess of the taxes,
rents, or reooints of the city for the
fiscal year in which such extraordinary
appropriation shull be innuc, III when
such eaoess shall be provided for and
included in the appropriations made
and taxes levied 1or Ihe succeeding
fiscal year. To meet any extraordinary
appropriation under this section, tbs
Council may temporarily borrow FROM
the banks, or other SOURCES such sums
as may be needed for such purpose
without mourning The penalties pro
yided for under section n su5sequent. -
The section of the new charter MS to
the qualification Of municipal officers
was tHean up. 1t provides that the |