Every evening, Wilmington daily commercial., 1906-04-28
~ Not 40 Mnvor Aot7


The City Council continues in It's alb
surdly wrong method of dealing with tho
situation created ia the city treasurer 5
Office by the inability Of the treasurer 5
clerk Ia perform his official duties and his
refusal to resign the Office. 10 makes no
effort TO remove tho incompetent and
supply the place with q competent person,
but retains the incumbent in Office and
then solemnly refuses 20 pay him his
salary. This farce was continued at
Thursday night s meeting Of City Coun-
Gil, in the allowance Of the miscellaneous
payroll, from which the name OF Postles
the young oolored man who holds, but
does not fill. the Office Of treasurer 5 clerk,
was eliminated
Now, it is maintained that in law this
Incompetent official can overrlle the action
Of City Council in refusing 10 pay him
his salary by sueing and recovering for the
amounts due. Il is held that in law a
public official is presumed to be per-
forming his duties acceptably so long as
he is continued in Office, and, therefore,
Is entitled to his salary throughout his
tenure. Manifestly, under this ruling,
the incompetent clerk may continue to
enjoy the emoluments Of his Office so long
a. he continues to hold on to il, despite
the faot that be does not do q stroke Of
work therein
The situation has been plainly pre-
sented 10 City Council, but that body
refuses to take the only action pertinent
to the situation-the removal Of the
official upon proof that he is incapable
Of performing his official duties. Proof
Of his incompetency is not lacking, but
the City Council persists in moving along
the impracticable lines Of Withholding
the incumbent's salary, despite the fact
that he stands a good chance Of recover
ing every dollar so withheld, and throw
ing the city into the costs Of action, in
addition.
Such a situation should not be tolerated.
The City Council should be spurred to the
right action, as the longer the present
course is adhered to, the worse Il threatens
to be for the city in the end Why should
not Mayor Wilson, in his official capacity
as conservator Of the city's interests, take
a hand in strengthening out the unseemly
tangle2
It is true that this duty is not specif.
cally enioined upon the mayor by law
but this fact should not deter him from
moving in tho matter. An official mes.
sage to City Council, detailing all the
circumstances and setting forth the in.
competency Of tho official, might have
good effect Proof of the body Of the
charge may be obtained from the official
notification to City Council by the city
treasurer, that the clerk had performed
no duties in his office during the past
month. This was accepted by Council
as warrant for omitting bis namo from
the payroll May Il not be accepted by
the mayor as cause sufficient for proddine
the City Council TO It's manifest duty in
the premises
A sharp message from the chief execu,
tive 70 the City Council would bring that
body face 10 face with the situation. Il
would then have TO determine whether
10 take practical action, or continue IN
is present unsatisfactory course No
doubt the mayors prodding would hav,
the effect Of stimulating Council to IL
duty. That body could act either by
summary removal, or by repeating tn,
ordinance creating the office Of city
tnasurer's clerk, which act would nc
doubt receive the approval Of the mayor
An ordinance could be enacted at th,
same time, providing for clerical assitanc,
TO the city treasurer in some other man
ner, and the Office filled to the exclusion
Of the incapable clerk.
Something definite should be done with
out further delay. As Il is tho Cit,
Council despite its action in withholding
the salary Of the incompetent clerk,
making the city liable for $40 a month
with the costs Of action, as salary for al
official who is not competent to rende
adequate service in return. The Cit,
Council evidently lacks the backbone {,
do the right thing. Give the nerveles
members a good prodding, Mr.. Mayor