Evening journal., 1910-07-19
COUNCIL TO
FIX IT ALL UP
Expected That the Democrats
Will Now Join In the
Republican Plan
TO GIVE THE CITYA
LEGAL GOVERNMENT

pected that the Democratic officials
of the present administration will ac-
cept the proposition outlined by the
Republican dc iure officials for the old
Council to meet, accept the resigna-
tions one by oneNOf the officers of the
1907-l909 administration who were not
reelected, and then formally elect
i'm their places the present administra-
tion from Mayor J. Harvey Spruance
down
A conference of the Democratic Of
iicials of the present Administration
probably will be held tomorrow night
looking toward an acceptance of the
plan proposed by the Republicans at
the Thursday night meeting of Coun-
Gil. The Democrats in Council already
have rejected the Republican PROPOSE
ton, but Mayor Spruance last week
said that if the Governor declined to
call a special session the Democrats
would join with the Republicans in
putting through the plan of the latter
to try to validate the government
Several Democrats spoken to to-day
said no definite time had been fixed
for them to consider. their next move,
but several of them said that the Re
publican plan in all probability would
be put through, although they expect
ed that later on the question of the
legality OF the city government might
be tested in court. The Democrats do
not think the Republican plan will
stand a court test.
The letter of Governor Pennewill TO
Mayor Spruance is as follows:
Hon. j. Harvey Spruance Mayor of
the City Of Wilmington, Wilmington,
Del
Dear Sir: ! am now prepared TO
make a definite reply'to the request
contained I'm your letter of the 18th
inst I have given the matter due and
serious consideration, and acting upon
the advice of lawyers in whom | have
confidence. in both parties, that the
unsettled condition of the municipal
affairs of Wilmington can be adequate
ly and fully adjusted by another, a
more expeditions and less expensive
method than by a special session of
the General Assembly, ! decline 10
call the Legislature together in extra
ordinary session for the purposes men
toned in your communication
yours very truly.
Simeon S. Penewill.
Governor"
City Solicitors Opinion.
City Solicitor John W. Brady is still
Of the opinion that session Of the
Legislature is necessary ID give Will
mington a valid government Mr..
Brady says
"The attitude of the governor in re-
fusing to call a special session of the
Legislature will. I'm my opinion. work
incalculable harm to the city of Will
mington and its citizens. While ] do
not know the plan proposed by the
governors advisers and therefore can
not assume in any way to criticise the
contemplated action, from my knowl-
edge of the present conditions of the
city / feel that some steps should be
taken Immediately to legalize the
actions of the men who are now hold
ing office 1t would appear that the
governor is probably advised by law
yers that the plan proposed of having
the city officials elected in 1907 resign
and prior to such resignation elect
the incumbents. would legalize the
present administration.
'HoWever, this is assuming that the
officials elected i'm 1907 were either
elected for four year term or were
elected for a period of two years and
should hold over until their successors
we're elected and qualified The con-
ANNlHldANu a'AANAA NAA NhR RNhA' va ~
men elected i'm 1907 must necessarily
be based upon the correctness of either
one Of these views. Either one may
be correct, but nevertheless until there
is a decision of the highest court in
this state sustaining this the city OF
Wilmington Will be practically in tho
same position it is now, and since
such an opinion from such a cour'
will take considerable time, the pres.
ent administration will probably have
ended before any court can legaliz'
its actions.
81 think the governor by refusing tC
call a special session of the Legisla
ture. has injured Wilmington far be
yond what he can at present imagine
While there may at present be d.
factO government in Wilmington, such
however, cannot be determined by al
his legal advisers without an opinion
of the State Supreme Court saying
that such is the case. A special ses
sion of the Legislature could. in
few days. straighten out the presen
situation and legalize all actions of thu
present administration from the dat
of the decision until such session o
the Legislature. do not see how thu
acts of the men who are now in ofiic
from the date OF lne ueclSlOn OF TN
Court in Banc can be legalized I'm an,
way other than by the Legislature
Any other way except q decision o
our courts must of necessity leav
every action of the incumbents opel
to doubt. feel positive that no bond
can be sold after the governors &C
in refusing to call the special session
Of the Legislature, and / believe tha
every action of the men who are nov
filing the city Offices is likely to b
contested in court"
Republicans Await Word.
That the Republicans in Council will
do nothing until they hear from tn
Democrats regarding the plan pro
posed for Council to give the city
legal government is the declaration
OF Councilman Samuel II. Benson, Jr
of the Seventh ward. He said:
I'VE will not do anything until w
hear from the Democrats. It is now u
to them. If they are really anxious I
legalize the government of the ci
they can now come in on our plan, IN