Evening journal., 1910-07-12
Administration Has Had no
Standing in Law Since
Courts Decision on
June 7---SpeciaISes-
sion of Legislature
May be Called

ing the last city election invalid was
the opinion given yesterday by
Hawkins, Delafeld and Longfellow. a
firm OF attorneys of New York and
one of the foremost legal firms Of the
country. Because of their opinion,
n. W. Harris and Company, brokers
of New York. who bought the recent
100000 issue of bonds for street inn
provement purposes, yesterday de-
clined to take the bonds. Hawkins,
Delafeld and Longfellow are their at
torneys aud their opinion that Will
mington has no legal government
was given to the brokers in disap-
proving Of the bond issue.
Because of the point raised by the
New York attorneys, which has been
looked forward TO by many Whining
ton lawyers, the city of Wilmington
is in a muddled condition to-day.
While the judges in Superior Court
lecreed that the officers of Whining
ll were de facto officers, they ceased
be even de facto officers on June
when the courts decision was hand
Ca down in the city election cases,
and since that time none of the acts
of the present administration are
valid IL is now contended
Marriages Not Valid.
Thus the marriages performed by
Mayor Spruance since June have no
legal standing because the mayor has
had no legal standing as executive of
the city since then, following out the
opinion of the New York officers
II was thought by some persons
that the action of City Council i'm fix
ing the tax rate for the ensuing year
would not be legal. but it was learned
to-day that the appropriations were
made and the tax rate was fixed on
May 26 and the ordinance was signed
without delay by Mayor Spruance. As
that happened before the courts deci-
sion il is now contended that it is
legal.
Special Session of Legislature.
So muddled is the situation that a
special session of the Legislature will
probably have TO be called to try to
straighten out the taugle. It is
claimed by many lawyers that this is
the only hope Of giving the city gov
arnment any standing i'm law.
At the meeting OF city Council OF
Thursday night IL Is altogether likeis
that a resolution viii be offered anc
passed. calling on Governor Pennewil
To convene the Legislature in Specia
session to try to clarity the Whining
NN-A ftNAfAAA'A 4ANM a move mas Deer
talked over quietly for several day.
among the Democrats in Council anc
some Of their advisers. and it was sal,
today that the resolution in all prob.
ability will be offered on Thursda,
night.
The decision OF the judges in Su.
perior Court that the present Officers
Of Wilmington were de facto officer,
gives legal standing to the acts OF tn,
administration up TO June Z. but it il
now held by many lawyers including
the the big New York firm. that every
thing done since June is invalid. al
the officers ceased to be even de fact
officers then.
city Solicitor Brady at noon said HI
had received no word whatever from
Harris and Company or the New Yorl
lawyers refusing to accept the bonds
Mr. Brady's information comes from
Alfred b. Moore. a sinking fund com
missioner who received the letter from
New York yesterday and who kept !
pretty quiet until sometime in the az
ternoon Lackey and Company, brok
ers received a similar letter yesterda.
afteroon.
City Solicitor John w Brady in dis
cussing the situationf to- day said:
q can see no way out Of the situa
tion except a special session Of tn
Legislature. ! think that unquestion
ably some action should be taken b
the proper authorities to legalize tn
presen administration.
"Messrs Hawkins, Delaheld e. Long
fellow are considered among the lead
ing authorities upon municipal securi
ties in the United States and I be
lieve their opinion in the matter woul
prevent the sale OF any bonds Of IN
city Of Wilmington i'm the future unit
some action is taken to remove a
questions as TO he acts Of the preser
officials Of the city"
Mr.. Hsrman's Plan.
Robert G. Harman. former City So
licitor. does not think a special sessio
OF the Legislature necessary to corre'
the present situation. Mr.. Harma
Says:
The city charter expressly provide
nat Council may MI all vacanci'
which shall occur in these Offices /
death, resignation or otherwise II
courts would. believe, decide thl
as there was no election in June. 100
that the officers in power at that tin
continue in office until their successo
are chosen The court might constr
these offices as public offices, and Il
constitution provides that public o
icers shall remain in office until the
successors are named. II might IA
back on the old common law which HI
been followed for many years al
which holds that all such officers no
office until their successors are elec
3D.
You viii remember also that the la
governing the terms OF office in tn
city In some places mentions two yea
and some four. as the term. In view
this it might be heldrthat the term
four years. The twq3prcvisions Of tv
years and four yea& are repugnant
each other and the court if called up'
to construe the law could decide eth
way There Is no doubt In my min
that the men who were In office pr
vious TO the last election are still Il
lejure officers. The men now I'm o
Gco were Dc facto officers until Il
court gave its decision and until th
time their acts We're legal
Tn my opinion the easiest mann
In which 10 remedy the defect in ci