Evening journal., 1911-09-22
ARGUMENT
OVER CASH
Kane Says Rotation Ordinance
is Illegal and Minutes
Cannot be Changed
ACTIVE ACCOUNT
IN ANOTHER BANK

taiion OF the active account of the
city among the banks which are mem
hers of the Clearing House Associa-
ton. This, despite the fact that the
measure had been signed by Mayor
Howell during the day and City So
licitor Hastings, TO whom the Mayor
referred the ordinance for his consid-
Grafton relative to It's legality, had
approved it.
The argument started when Chair
man Slower, OF the finance commit |
tee, made a motion that certain por-
tion Of the minutes. recorded by
Clerk McManus, reporting the action
taken by Council last week on the
ordinance, be corrected.
His motion, which was seconded,
was as follows:
Motion: "That the part OF the min
utes which reads as follows:
Recurring TO the enacting clause,
the ordnance entitled, An ordnance
concerning certain moneys belonging
TO the city of Wilmington and estab-
fishing the repositories thereof, was
adopted by the following yea and nay
vote, as called for and seconded" be
corrected TO read;
Recurring to the enacting clause
che substitute ordinance entitled, An
ordinance concerning certain moneys
belonging 10 the city of Wilmington
and establishing the repositories
thereof. was adopted as substituted,
hy the following yea and nay vote as
called for and seconded.
At the regular meeting OF Council
last week Il was contended by those
opposed 10 changing the active ac-
count from the Union National Bank,
that the ordinance was not properly
passed, inasmuch as a substitute Of
fered by Mr. Stover had not been
passed as a substitute.
Last night Mr.. Kane, OF the Fourth
ward. the leader in the opposition to
the measure, said he WAS surprised
that Mr.. Slower should make such q
motion.
Mr.. stover replied that Mr.. Kane
evidently did not understand him. He
contended that the vote taken last
Thursday night was on the substi-
tute and he added that he knew OF an
ordinance passed some months ago
under the same conditions but as
there was no opposition to Il, nothing
was said
MIR. Kane said that in his opinion
the ordinance was not passed legally
and the proper course 10 pursue would
be for Mr.. Stover TO introduce new
measure. He charged that II the
Clerk of Council changes his min
utes as directed In Mr.. Stover's mo-
ton he will violate his oath of office
and II any member OF Council *
votes he also will be violating hi
oath OF Office
II oppose this motion and will e
further with Il If necessary" said MI
Kane III this Council can change
the minutes of this body by motion
or resolution Il had better pass an
ordinance to this effect right now.
Il serve notice on the clerk that
be cannot change the minutes
Alr. stover attempted to explain that
no motion was 4 volved IN the cor
rection. but Mr. Kane insisted that
the only proper thing to do would be
10 Introduce a new ordinance.
Mr.. Higgins asked Mr.. Stover II the
minutes OF the last meeting were moi
correct. an the latter replied they
were excepting that they did not refer
20 the measure as a substitute, It be
ing on the substitute that the vot'
was taken.
Mr.. Higgins explained that a vot'
must first be taken on a substitute ah'
if II is defeated then a vote is takel
on the original He said he couli
not understand why the Mayor signe
the measure.
MIR. stover replied that the cit
solicitor had passed upon the matta
before Mayor Howell did approve tn
ordinance, and he did not see the nee
Of any further discussion.
The vote resulted In eight ayes to
MIR. Stover's motion and three nay
Those who voted In the negative wer
Mossrs Kane, Higgins and Mckeowl
The subject again came up whe
Mr. Stover introduced resolutio
uroviding for the transfer OF cit
moneys to the National Bank OF Dels
ware. the first active bank named
the new ordinance.
Mr.. Stover's resolution was as 10
lows:
Be it resolved by the Council {
wilmington that orders be drawn o
the following banks and trust con
panies for the amounts stated and dc
posited in the National Bank Of De
aware:
FIRST National Bank $4,000; Ger
trail National Bank. $4,000; Nations
Bank OF Wilmington and Brandywin
$500: Wilmington Trust Compan
$4,000; Equitable Guarantee an
Trust Company, $4,000; Securii
Trust and Safe Deposit Compan
$4,000: Farmers Bank at Wilminl
ton. 81 500: Delaware Trust Compan
$4,000: Union National Bank, Sef
64s 64. total. s1S9,64S.64.
Before the vote was taken NJ
Kane said that if the Union Nation
Rank. the heretofore active hank re
ognizes the ordinance II will be II
bic He said he considered the mea
ure the most conglomerated thing
cve~ saw.
Nr. Stover made the statement IN
c-i'ic'sr Is all right II made at q
n~ore~ time and In the right plaS
He did not think Mr.. Kane's remar
applicable TO the situation
Mr. Kane replied that II was not
personal matter with him but que
ton of law. He again said he won
hold the clerk of Council personal
responsible If he changed the minui
as directed by Mr.. Stover's motion
The vote TO transfer the active
count 10 the National Bank of De
ware resulted in eleven votes for
resolution and two against. Mr.
Keown OF the Eleventh ward,
III...-- 80