Evening journal., 1907-07-18
Thursday, July Is, 1907.
INITIATIVE PROPOSALS.

INITIATIVE PKOFOOALO.
THE Legislature Of Delaware at its last ses-
4 sion passed an act authorizing the submis-
sion to the qualified voters Of Wilmington at the
city election of questions OF public policy in
connection with the affairs of the city, and pro-
viding that should any questions submitted re-
ceive a majority of the votes cast thereon, "and
the subject be within the corporate powers" of
the Mayor and Council of Wilmington or Of
any department or branch thereof then it shall
be the duty OF the City Council or Of any com
mission or any other official or officials of the
city of Wilmington having jurisdiction therein,
to adopt without unnecessary delay, such ordi-
nances, rules or regulations as may be necessary
for putting into effect the popular will thus ex-
pressed" A severe penalty is prescribed for the
punishment of any official failing to perform any
duty imposed upon him by this act, or obstruct-
ing, hindering or delaying the adoption Of any or
dinance, rule or regulation provided for by the
act
It the evident intention of the Legislature
in passing the act quoted to amend the char
ter of the city Of Wilmington, and to delegate to
the qualified voters of the city the power of de-
terrnining the policy of municipal administration.
Legislature to so amend the city charter, and it
may be assumed that none will be, since it is
well settled in this State, as elsewhere, that
municipal corporation SIS merely an agency in
stituted by the State for the purpose of carrying
out in detail the objects of government 1t is
essentially revocable agency-it is subject to the
control Of the Legislature who may enlarge or
diminish its territorial extent, or its functions,
or modify its internal arrangement, or destroy its
very existence, at discretion"
Pursuant to the provisions of the act under
consideration five questions were submitted to
the voters of Wilmington at the last city election
each of which received large majority Of the
votes cast thereon. The result was a clear and
unmistakable expression Of the popular will, as
contemplated by the act, and by reason thereof,
and by force and virtue Of the act itself, imposed
upon the Mayor and Council, and such other city
officials as may have jurisdiction in the prem
ises, the duty without unnecessary DELAY" of
adopting such ordinances rules or regulations
as may be necessary for putting into effect the
popular will thus expressed" The result OF the
election ascertained and declared in conformity
to law, was and is notice to the Mayor and Coun-
Gil and all other officials concerned, of their
duty faithfully to observe and fully and effect
lively carry out the public policy defined by the
questions submitted
1t appears that, with respect to the first two
questions, the Mayor and Council promptly ac-
cepted such notice. and following the line Of
duty, laid down in the act, without unnecessary
delay and within few weeks after the election,
passed an ordinance putting into effect the popu-
lar will expressed on those questions. City So
licitor Townsend, in advising the Council on this
ordinance, gave as his opinion that under the pro-
visions of the act, and because of the result of
the vote, the Council was required to pass the
ordinance.
Three ordinances, carrying into effect the
popular will expressed on the remaining 'ques-
tons, were introduced in Council about the same
time and are still pending. In the order Of the
questions submitted to the voters the first ordi-
nance requires the publication OF minute and ac-
curate detailed statements Of the receipts and
expenditures of the city, and imposes certain
duties in respect thereto on the city treasurer,
city auditor, and clerk Of Council The second
ordinance imposes certain duties upon the asses
sors and collectors in relation to their bonds and
the settlements Of their accounts The third or
dinance requires the Board Of Directors OF the
Street and Sewer Department to adopt and en-
force raies and regulations compelling the street