Evening journal., 1909-03-01

ING JOURNAL, MONDA
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sill some very pertinent question to
be considered.
These bonds were authorized by Chap
ter 49, Volume No. "A. OF the Laws OF
Delaware approved March 70. 1907. The
act stated that the bonds should bear
same date and that they should be
signed by the proper city officials. but
gave tae Council discretionary powers as
TO the time when they should be sold.
Council under date OF April 25. 1907.
passed an ordinance for the issuance OF
the whole amount OF bonds and yet after
self imposing this obligation failed in
the performance thereof.
''1he question arises. should the Water
Department suffer for an act OF another
body. which, in an over-zoalous desire 70
render needed assistance. failed 10 carry
out the purport and intent OF the lawa
But that Is neither hero or there and
deals not with the subject in hand.
'An amount OF siS0,0O0.00 Of these bonds
were issued and finally sold by resolu-
ton Of Coucil dated July II, 1907. and
yet We're dated back May /, 1907.
The Board Of Water Commissioners this
morning received bids4for the construc-
tlon OF the road leading 20 the final nlter
on the Weldin farm. The bids were:
Coleman Bros, Of Boston. 81 per square
yard; IIarrigan Construction Company,
$1.Si; a. J. b. Anderson. $3.50. in lump
sum.
The contract was awarded to Coleman
Brothers.
Mr. I-,,.- ,-rtoa -,vsi,st a l,o.a,,.o ,,o
was opposed TO the operation at the
present time"
The road is to be 500 feet dong and
IS feet wide. and will be Of cinders over
laid with macadam.
Another portion Of $4,000 were is
sued and sold July %, 1908, but were
dated May /. 1907; both were signed
/ by persons not in office at the time
OF the passage of tine original ordi-
nance, yet by officials Of the city gov
ernment. Both were accepted by the
purchasers bond attorneys as valid and
are now probably held broadcast in
the New England and Western States.
Tho Board viii recall that the City
/ Solicitor in a letter dated Nov. 2S,
1908, relative 20 the filter contract
stated
Il cannot see my way clear TO frame
the resolution or draft the contract
until ! am satisfied that the bonds can
he sold" and that in a letter dated
November 30. 1908. he enlarged upon
this subject by stating. that THE only
questions I have now TO determine are
/ CD whether or not the bonds are sal
able, and CD whether or not Council
can be compelled by mandamus pro-
ceedings to sell them. If | can decide
these two questions in the affirmative
I viii approve the contract II I can
not I shall refuse TO approve Il for
the reason that 7 am not going to be
responsible for any act that could pos
sibly cause an Increased tax rate or
a Special tax levy. and further that
1 have also found text book references
TO decisions that the antl-dating of
bonds does not necessarily render them
1 invalid. An examination OF these cases
may show that bonds dated May /. 907
as required by the Legislative Act and
signed by the present Mayor, Auditor
and Treasurer viii be valid"
Following a fun weeks invostiga-
ton OF the subject the City Solicitor
under date of December :. 1905 wrote:
I desire TO inform you that I viii pre-
pare "a resolution and form OF con-
tract at the earliest possible date and
will endeavor to forward both papers
to you by Monday and stated further
l believe that the bonds are salable
but as such purchases are always made
subject to the approval OF the attor-
neys for the purchaser, Il is beyond my
province to say that the bonds win be
4 Happroved / am OF the opinion that
they VIII be. As the Filter Contract
was finally prepared. approved, and
executed is it not reasonable to sup
pose that the act was justified and ter
minated by the authority which stamp
ed the bonds as salable. and II salable
then valid since upon validity depends
STABILITY.
"From a purely business standpoint
how can this new bonding act be view
ed? Suppose the question OF validity
TO be real or imaginary-if II be real
and the new act be presented as a
curative measure-what will be the re-
sult2 Two hundred and sixty-five
thousand dollars OF bonds will be re-
lieved OF strain, cloud-and that
same stain. that cloud the city casts
willingly upon the bonds that have beer
issued and furthermore advertises IN
] Ailf RNrl lfhNrAbit itaAntA AhoNl Atlt bANle
they have sold are questionable.
III it is an imaginary evil and the
bin be presented-but in this case why
present it. will not the damage be al
most as great? In either case it Is not
pleasant az least TO contemplate the
aspect of the city's credit. with close
TO half million dollars worth OF bonds
which the city had branded with a
doubt. floating over the country
Whatever may be councils motive
be il ulterior or otherwise, II is my
belief that there are far safer means
10 serve their ends than to juggle with
a bonding law upon which they have
already taken definite action.
1T IS an old adage that The hand