Evening journal., 1905-12-11
MONDAY. DECEMBER II. 1905.
Ex-cLERKs SALARY.

THE City Solicitor has just rendered an opinion
to the effect that the bill Of William P. Clayton
against The Mayor and Council of Wilmington,
amounting s332S4 for services claimed to have been
rendered during September October. November and
December 1902 as clerk in the office of Thomas S.
Lewis es-sssessor and ex-coeotor for the Northern
district, should be paid.
The Solicitor bases his opinion upon sections II
and 70 Of the City Charter. An examination Of
those sections shows that they do fully sustain his
opinion. Section n says, that each assessor may
appoint A clerk that each of said clerks shall re-
oeive salary of s720. year The first three lines
of that section provide that the two assessors shall
be elected " for the term of TWO years" and
the natural and reasonable inference IS that each of
the two clerks holds his appointment for term, not
exceeding two years for there is no provision made
for the extension of the term Of the clerk; nor there
any provision for the payment him of salary for
any year or part of year. after the two years have
expired. There is nothing in Section II to warrant
the contention that the city is repaired to pay salary
to more than two clerks, no matter whether the
number of persons seeking pay as clerks is three
or four.
The Solicitor quotes from section 49, and says that
it is apparent that for the purposes therein set
FORTH the term of office of Thomas S. Lewis as
assessor and collector was extended until and includ-
ing the 3lst day of December. 1902. notwithstanding
that his successor assumed the duties of office on
July lst. 1901.
What then. are the purposes therein set forth -
for which it is commended by the legal department,
that the term Of an assessor is extended The
answer is found in the section itself namely, for
the purpose ofCOLLECTING outstanding amounts"
Not for the purpose of appointing a clerk, nor for
extending the clerks term, nor for continuing his
salary but in order that the assessor may exercise
his collecting capacities But, we believe that the
Solicitor has erred in holding that the term of office
Of the assessor is extended. It is not the term
of the assessor that is extended, but his authority
only and that authority is of limited kind for it is
(to use the language of Section 79) the authority
of an assessor and collector WHOSETERM of office
HAS OTHERWISE EXPIRED - and the authority
embraces only the collecting of outstanding amounts
Manfesty, the meaning of the section is that the as
SCISSOR, after the expiration of the two years. loses
all the prerogatves and powers of his office except
the authority to collect such taxes as remain unpaid
which authority is expressly continued by the section
referred to. To differently construe the section
would be to nullify some Of its phrases and render
meaningless the words otherwise expired
AS an illustration, the office of sheriff might be
mentioned, AS is well known, where lands are sold
by sheriff and his regular term of office expires
before he has an opportunity to execute and acknow-
ledge deed for the land sold. the law confers upon
him the authority to make proper deed even though
the term for which he was elected has expired bu,
we have never heard it contended that because ;
sheriff authority is thus extended he thereby retains
the other powers of that office, and therefore, wouC
be justified in appointing deputies and clerks, ano
proceeding as though his term had not expired,