Evening journal., 1910-07-12
WILL MINGTON HAS NO
LEGAL GOVERNM ENT

COUNCIL. Wnen all or THESE feSlRndllOnS Z
had been acted upon and the new men
chosen we would have legal officers
and legal government"
Many Democratic lawyers do not /
agree with Mr. Harmans opinion as to /
the right Of the old Council to fill va
cancies now
Republicans Proposed Plan.
II will be recalled that the method |
outlined by MIR. Harman was proposed /
by the Republicans who went out OF |
the city Offices in June year ago |
from former Mayor Horace Wilson |
down to every elective officer who |
was reelected at the election I'm June !
year ago. The Republican officials |
who really could have claimed the
offices because the last city election
was Illegal offered 10 convene with
the Democratic Councilmen who were
reelected last year, and resign one
at time and formally elect in their
places the men returned as elected at
the polls in 1909, from Mayor Spru-
ance down. The Democratic Council
men thought there was trick I'm this
and never accepted the offer. 1t would
have clarified the situation, prevented
most OF the muddle, and would have
left only a wek or ten days OF the adj
ministration whose legality could have
! been questioned.
Yet n such plan should be follow
/ ed out, the acts of the de facto Off
| GERS during a period from June until
| the time the Council went into an
election and made the de facto
officers the legal officers. would
be questionable and Of doubtful legal
standing.
Because Of this It is held that the
Legislature by passing an act or acts
in special session only can remedy the
situation Whether IL could go back and
validate all the acts Of the adminis-
tration from July l. 1909, to the pres
ent time. is one OF the questions that
would have to be determined.
Walter H. Hayes has been giving the
subject deep consideration since the
court handed down its decision, and he
said yesterday afternoon that he ex-
pected just such action as was taken
by the New York firm in declining To
approve the bonds.
Mayor SpruanCe'S Attitude.
Mayor Spruance at noon said he did
not know Of any plan or method con-
templated TO try to clear up the sit
uation. I'VE have felt that those re-
Il sponsible for the situation should
make a move TO remedy it, said the
Mayor He thought there would be
conferences on the part Of the Demo
cratic officeholders looking toward a
4 special session Of the Legislature OF
Z some other move The mayor said he
! had decided on no action he would
take personally.
] Mayor Spruance said he had mar
ried about three couples since June Z,
! he declining to marry others on the
5 advice of lawyers One couple was
/ in his Office at noon waiting for him
! to marry them. but the Mayor ex-
planned the situation and declined to
, marry them. They went out to find
a minister
Opinion Of the Lawyers.
& The opinion OF Hawkins. Delaheld
s and Longfellow regarding the bonds is
e as follows:
S July s, 1910.
Z Messrs. y. W. Harris and Company
b. Pine and William streets. New
s York city.
D Dear Sirs: We are unable to approve
the 100000 street bonds Of the city
q Of Wilmington, Del, for the following
n reason:
k These bonds were authorized by an
:. ordinance adopted by the Council and
n approved by the mayor June @ 1910
e. but the bids for the bonds were not
n opened until Iune 21. 1910, and the
t bonds have not yet been executed and
e delivered On June Z. 1910. the Supreme
% Court sitting in banc handed down tn
y decision In the cases Of Ross VS.. ALI
mond and Rash VS.. Allen. IN this opin-
10 ion the court held that Chapter us o
the laws Of 1907 Of Delaware was un.
. constitutional. because not properly
e passed by the legisatureaan that q.
r. this act was the sole authority for thi
y city election held In Wilmington IL
e 1909. that said election was void
We understand that the mayor and .
= large part. II not a majority Of the coun
ell elected an the void election Of 1909 wer
= not the same persons as those who wer
- elected to said Offices in 1907. so that the.
d cannot claim TO be holding over after IN
e term for which, they were duly elected ex
n pired We also understand that the mem
n bers OF the Council elected in 1907 hav
IT fled resignations so as to prevent thei
being considered in office as holdovers.
Under these circumstances. the presen
- city government OF the city Of Whining
N ton would appear to have no existence d
m Of the persons. who at present. pretend I
occupy the said offices are valid as thos
,s of de facto officers. as they cannot be sur
IS ported uuon any other theory. The coul
Nv expressly states in its opinion that IN
,e City Council and other city officers elec
st ed at the 1870 election are nevertheless Z
n facto officers. The court Is undoubtedl
10 correct in this statement n its lsnEusE
Re is taken as meaning strictly what it say
10 and nothing more, namely, that these O
"a hcers we're up TO the decision OF the oour
p and at the moment Of such decision Z
~ facto officers. We think, however. that
M is extremely doubtful whether since sue
az decision they are even de facto off
Id GERS and whether their action 1
Id awarding these bonds and executin
L and delivering them would have an
validity whatever or be binding upo
" the city.
is The general principle under whic
rs the acts of persons who occupy pull
N lie offices, but whose election of al
IS pointment was irregular or under a
70 unconstitutional statute are held vail
10 is that of estoppel, and the languag
)n in some of the cases ON the point in
er dicates that after it Is a matter {
ID. general knowledge that they have n
e. title to their offices, they are no long
he er de factO officers
r. I'm state eX rel Oliver vs.. Mayor a
no All. 709) the Court OF Errors OF Ne
at Jersey stated that