Evening journal., 1911-06-28

thought. In view of the statements
made that Mayor Spruance did not
approve Of the affair. and that eh would
not make the appointment. It is evil
dent that something occurred which
induced him to change front
Both John ID. Kurtz and his broth
er. William F. Kurtz. we're present
at the meeting and a statement from
the auditor requesting Council to re-
scind its action of last Friday night
was read, but aside from Council re-
ceiving and ordering it filed no other
action was taken.
Following the meeting of Council
Mr.. Kurtz said that as far as he was
concerned the matter was dropped He
turned over the keys of the auditors
Office to his clerk, William J. Hanley,
and with the remark that he was now
an ordinary citizen, left the build
ing.
Mayors Appointment
Mayor Spruance's message TO Coun-
ell follows:
Gentlemen 7 desire to inform you
OF my appointment. which | hereby
make. Of Mr. Charles r. Kenworthy, to
the Office of city auditor. 10 perform
the duties of that Office. until the first
of August, Of the current year, or
until his successor is duly appointed
and qualified.
In making This appointment I do
not desire It to be understood that
was responsible for, or indorsed. the
penalty imposed upon John D. Kurtz
any more than I approve OF many
things which Mr. Kurtz has done. but
I thoroughly realized the necessity
that we have a city auditor and rath-
er than there may be any uncertainty
OF his legal status, have appointed
Mr.. Kenworthy and suggest that
Council. by resolution, make the same
appointment and confirm the appoint
ment of which have heretofore given
you notice. Respectfully,
]. Harvey Spruance,
Mayor.
Following the reading of this letter
Mr.. Kane. chairman of the finance
committee, Immediately presented a
resolution confirming the appointment
of Mr.. Kenworthy. and II was passed.
The Republican members of Council
made no comment on either the May
ors message OF the resolution but
voted against the resolution. The mo-
ton to adopt the Mayors message was
that the paper be received. accepted,
recorded and filed.
Previous to the reading of the May
or's message a communication was re-
ceived from John j Monaghan. who
was elected by Council on last Fri
i ,.t.~ -
declining the position, and on motion
of Mr.. Kane IL was accepted and filed.
Mr. Monaghan explained that 1t would
be impossible for him properly to at
tend TO the duties Of the office in view
Of the fact that his business requires
all of his time.
Mr.. Kurtz'S Letter.
Just as Council was about to ad-
iourn Mr. DuRoss, Of the Sixth ward,
presented Mr.. Kurtz's letter stating
that he had been requested 10 and as
matter Of courtesy did so.
The letter follows:
Wilmington, Del June 81. 1911.
To the president and members Of
Council
Gentlemen: On Friday last, the
23rd instant. the Council suspended
me from further exercising the duties
of my Office as City Auditor following
the presentation Of charges. which I
denied.
am advised by counsel that your
action in that regard is illegal. and
] am further advised by counsel that
by writ of certlorari, 7 could take
the whole matter out OF the hands Of
Council and prevent your election Of
a temporary successor to me in said
ONCE. and thereby keep myself in the
ONCE Of auditor until the end Of my
\ term, as the Superior Court would
not, IN the ordinary course Of judicial
procedure, hear the case until the
irSeptember term Of said court
Although I have been strongly ad-
vtsed to take such legal action, ad-
here 10 my first resolution, expressed
in. my letter presented to you on Fri
day last TO leave the decision and
judgment 10 the matter entirely 10
the,public, believing that it understood
the merits Of the case, and has al
ready rendered a judgment not un-
favorable to me. Further than this,
am asverse to litigation. and for the
sake of the public interests, ] want
/ to prevent the confusion, turmoil and
delay resulting from the constant liti-
cation of questions which tie up the
action and cripple the efficiency OF
the city government. as has been the
recent zperience Of this city.
7 do, however, most earnestly pro-
test against the action taken by the
Council In my case, not because Of
| its illegalHy but because Of its un-
| fairness aud injustice, and for this
reason 7 request Council TO rescind
the action taken on Friday last Now
that the members Of Council have had
an opportunity 10 reflect on their
hasty action. evidently taken while
angry. they should do me the Justice
to remove the undeserved stigma from
my name as disclosed by the minutes
Of Council
Respectfully submitted,
John d. Kurtz.
] Mr.. Kenw0rthy's Statement.
( After Council had chosen him fo
the authorship. Ar. Kenworthy is
sued the following statement;
The fact that my name was to b
considered by the Mayor and tn
Council has been brought to my At
tention. though not having beel
appointed I have not discussed tn
subject with anyone. but have givei
the matter very serious thought
Since my name has hsen placed be
fore the Council as the appointee o