Evening journal., 1910-07-14
COUNCIL ASKS
SPECIAL SESSION
ccontlnued from TIcs. Pager


bonds that u should be given to Will
mington lawyers.
MIR. Kane informed the members
that the opinion from the New York
attorneys had been handed to him by
the Wilmington Sinking Fund Com
missioners to whom it had been
mailed.
Alfred p. Moore, representing the
sinking fund commissioners, in let
ter which was read, recommended
that the $4,000 deposited by Harris
and Company, in anticipation of pur-
chasing the bonds. be returnedto that
concern.
On motion Of Mr. Kane. the com
munication was referred to the
finance committee.
Request Special Session.
The resolution requesting the Gov
ernor to call an extra session of the
Legislature follows:
Whereas, The court in banc did on
June z. 1910, declare the city cleo
tion held on June 8, 1909. to be illegal
and void. and
Whereas, The said decision Of the
court in banc has created in the
minds of all of the citizens of this
city a feeling of dread and uncer-
tainty as to the powers of the city
officials to properly and legally ad-
minister the duties of their several
Offices. and
Whereas, The power and authority
OF City Council to legally award the
issue Of bonds authorized by the
ordinance of June 2, 1910, has beer
denied, and the successful bidders
have been advised by eminent counse
not to pay for and take the saiS
bonds. and
Whereas. The money TO be raised b.
the said bond Issue is absolutel.
necessary for the proper administra
ton of the city's business and affairs
and
Whereas. So long as the presen
situation continues there is a grav
doubt In the minds of all Of the citi
zens of this city as to the legal pOwe
Of the Council to pass and adopt thu
ordinances now pending before il
and,
Whereas, The power of Council {,
pass and approve its necessary bill
and payrolls so that the many EN-
ployes and creditors of the city ma.
be paid for theig proper services il
questioned on all sides, and
Whereas. The proposal made OF
June 16 1910, by certain persons whl
were elected or appointed to office il
this city in 1907, offers no authoritiv
or positive legal relief from the pres
ent situation, In that it will requir
the whole matter to be litigated i'm
court of law in order to ascertain tn
legality of such procedure, now there
fore, be il
Resolved, That in view of the fore
going statement of facts, the Council
is Of the opinion that the only prope
rememdy for the situation can be ha
by legislation. Be il
Resolved, That the mayor be and h
hereby is requested to present thi
and the foregoing preamble and reso
luton to the governor, and reques
him to call a special session of tn
Legislature for the purpose of enact
ing law or laws whereby the peace
prosperity and welfare of the citizen
of this city may be restored
Republicans Position.
Following the session of Council
the Republican members made a state
ment giving their reasons for oppos
F. ing the resolution for a special ses
sion of the Legislature in which the
said:
"Coinciding with the view of Gov
ernor Pennewill that the Legislator
Z be the last resort, we are of the opin
: ion that the plan outlined by the CON
munication by the dejure members G
! Council is the most feasible, economi
q cal and expeditions way
I. The Republican members ais
Z pointed out that a special sessio
e would mean the election of two mem
2 bers of the Senate, Senator Reed hay
: ing died and Senator Miller havin
). moved out OF the district.
d The following letter from Mayo
4 Spruance will accompany the resoll
Is tion of Council to be sent to the go'
v ernor:
July 10, 1910.
Hon. Simeon s. Pennewill. GovernC
of the State OF Delaware, Dover. Dc
Sir: | have the honor to presel
II herewith a copy Of preamble and re-
v olutions, adopted on this date, by II
n City Council of the city of Wilminl
!. ton. sitting in special session
4, The gravity of the situation In th
e city fully appears from the statemen
In the above mentioned pages, and
have only to add my own request in
r halt of all the citizens of the city. r.
y gardless of party that your Exec
lency will Immediately call a speci
D. session Of the Legislature, in ordl
. that the laws necessary TO re-establis
= firm and legalized form of govefl
= ment for the city may be prompt
\ passed.
d ! have the honor to be.
E Very Respectfully,
= J. Harvey Spruance. Mayor.