Every evening, Wilmington daily commercial., 1906-03-07
MIscALl.ARKous REcoRn
The ProteotIon Of Law.

The Protection OF Law.
Following the recent sensational de-
velopments Of fraud, extmvagance and
misappropriation Of moneys in the great
Insurance companies of New York City,
the Legislature Of the State Of New York
IS now considering the enactment Of laws
20 guard against a recurrence Of these
evils.
Laws are well enough in their place,
but something more is needed than mere
enactment. They must be enforced.
In the law by which the city Of VIII
mington is vested with corporate powers
and the authority to conduct municipal
government is a section which reads as
follows: ",rhe Mayor and Council OF
Wilmington, or the Council Of Whining
ton, shall have no power or authority to
borrow money, or contract or create any
debt or liability, OF to make any ordinance
for borrowing money or contracting or
creating debt or liability Except ordinary
debts or liabilities in the common course
OF carrying on the work and business of
the said city, 10 be paid out Of the taxes,
rents or receipts OF the year for the time
then currenO, and II the said debts or
liabilities shall not be paid, the same
shall bind the members Of Council for
the time then being, personally. other
than those shown by the journal Of Coun-
cil TO have been absent or to have voted
IN tho negative when the ordinance, order
or proceeding under which the debt or
liability arose Nas passed, or had, making
thom jointly or sevenlly responsible; and
amy member Of Council who shall vote
To borrow any money, or contract any
debt or liability, contrary to tho pro-
visions of this section shall he doomed
guilty Of deioliction in duty and shall
thenceiorth be deemed and bo incapable
of holding any Office Of honor, profit or
trust under this act or created by or
existing undor any law of the State Of
Delaware
Tho deliberate purpose Of this enact
ment was TO prevent the creation Of aoat-
ing debts by the City Council Of Whining
ton. In other words, TO compel tho Citv
Council 10 conduct the municipal business
on a strictly cash basis, meeting the ex-
pcnses of each fiscal year out Of the nc
coipis Of that year Il did not matter
whether cash balance should be left
at the close Of each fiscal year or not
the payment ol all bills, oven if IL OK
hausted tho revenues TO the last cent,
was what the law aimed at, and what It
sought TO secure by stringent penalties
From the Both day Of June, 1881, the
year when this presumed cash system Of
conducting municipal affairs became
operative, for about ten years, this i'm
portant requirement was faithfully OBJ
served, and the city closed each fiscal year
with all liabilities met and a small cash
balance in the treasury. Then came q
change; the law was first transgresseo
and then simply ignored For more thar
ten years past the City Council has in
CURED a floating debt of at least $4,000
each year, and each year has deliberatel,
violated the law by borrowing $4,000
from the banks for the purpose of meet
ing current expenses. Thus, the ver
oommendahle object Of the law has beer
vitiated by the defiant and persistent
aawlessness of the Council
IL may be asked why were not IN,
penalties Of the law invoked and an effor
made toapply them to the offending mem
bers Of City Council Simply becaus
public sentiment condoned the offending
Attention was called to the situation b,
the newspapers, time and again, but tn
people paid no attention 20 the gros
dereliction. Instead Of suffering di,
franchisement for their offences. mem
hers Of City Council who thus trample,
the letter and spirit Of a good law unde
foot were rewarded by reelection, or b.
election to other official places. Their
are members Of Council TODAY VIII
have thus violated the law repeatedl
for years. There are Others who violatel
the law in the past as members Of Cit
Council and are now holding other place
Of honor and trust under the city gov
ernment.
A dead letter law is worse than no Ia,
at all thecause It Affords the most viciou
kind Of an object lesson in contempt 70
the law. And no more vicious exampl
could be afforded than that Of the Cit
Council OF Wilmington. year after yea
wiliully and deliberately violating lar
by doing just what the law says sha
not be done
Therefore, reform is not TO be foun
m The law alone, but in its stern cnlorc,
ment.