Evening journal., 1911-06-21
S. d TOWNSEND, JR., ARGUES
FOR ENTIRELY NEW CHARTER

Following is the argument for an
entirely new charter for Wilmington
made by former City Solicitor Sylves-
ter d. Townsend, Jr., and read for
him by William F. Kurtz at the meet
ing of the Wilmington Civic Associa-
tion on Monday night:
At the time of preparing this article
/ am not informed as to what will be
the exact form of the question to be
discussed, although advised that its
substance is whether or not we should
further amend the already over
amended charter or draft an entirely
new instrument.
It is difficult to believe that this
mass Of statutes which has caused so
much discord among the various city
departments can be further patched
up so as to avoid a continuance of
the trouble and to serve for the great
est good
What, at first thought, may be con-
sidered the strongest argument in
support of preserving the existing
statutes will be the fact that many of
them have been passed upon by the
courts, but IL is submitted that the
mere fact that the courts have told
you the meaning Of a statute, does
not determine that such a statute is
the best one or even a satisfactory
one. We do not favor a law because
it has been construed, but rather be-
cause It contains provisions best
adapted to our local interests, and
there are capable lawyers on the COM
mission who are able, after they ascer-
tain the proper subject matter for a
charter, TO so formulate II that the
instrument would be reasonably cer-
tain of standing the legal tests.
The charter proper and the amenda-
tory and supplemental portions we're
not drawn by a commission such as
we now have, but were, in all prob
ability, drawn 10 suit the ideas and fit
the purposes Of office holders or the
political party which for the time
controlled the Legislature and we're
formulated for certain purposes with
out regard as TO how they would af-
feet or be affected by other statutes.
The revised charter and the decisions
of the courts in connection Herewith
show clearly that few Of the several
acts constituting the charter were
given mature consideration before
adoption. q
What is known as the city charter
is a legislative act passed in 1883
together with amendatory and sup
Elemental acts. and these last mention
ed acts are almost the only ones th'
courts have been called upon to con
strue since that date, and are the very
acts which have caused practically al
of the disagreements among the sew
eral departments.
The prevailing idea. seems to be tha
the modern municipal charter should
be the simplest form of complete
grant Of powers and that the detail
work of exercising these powers
should be fixed by ordinance. Thii
would be a proper method Of securing
self-government insofar as the Stat
constitution would permit.
The recent charter revision whereby
all the statutes affecting the city ar
collected in their most abbreviated
form is set forth in approximately nv
hundred pages. while the constitution
or charter of the State contains nifty
two pages and that Of the nation GOV
ers but seventeen pages. Is II neces
ssry to have an instrument OF sucl
length and is il but little wonder tina
the laymen know so little OF the law
by which they are controlledf
DO Away With Parties.
shall not attempt 10 suggest in de
tail what provisions the new instru
ment should contain. having left tina
portion of the subject to my colleague
but would stste generally that IN
prevailing conclusion seems TO be tina
all legislative power, which, under IN
constitution ii is possible to give
should he given to the city; for al
though its officers would undoubtedl
make mistakes. IL is quite as reason
able to suppose that they would be a
capable in legislating for the city a
would be a legislator from Duck Cree
or Indian river. It may be contende
that the quality of the legislative OF
fcers of the city is not on an averag
eoual with that of the membership q
the legislature. Even If that be true
sucb condition is not the fault OF tn
citizens of Wilmington, but rather {
the Legislature I'm refusing to give u
a district representation such as wi
enable us to secure our most capabl
citizens as legislative officers. il W
imnrove our district representation
and elect our own officers by the pee
nile rather than by the party the vote
will then cast his ballot for the NOR
capabla candidates OF certainty lu
those whom he believes to be the nor
capable. Party propositions are a
right in their proper sphere, but tart
and reciprocity have little to do wit
the collection Of garbage, the repairin
of streets, the supplying Of pure wate
or the regulating of public utilities
From an examination of the r.
vised charter, It is impossible to d'
termine that it is based upon any re'
theory of municipal charter buildin
as the few instances of inconsistency
am about to refer to may show. It ma
he true that some of the instances r.
ferred to do not seriously anect tn
CITY. but they do show an absolute lac
OF reason and theory. They are 81
forth in the numbered paragraph
which follow:
1. The Legislature has determine
that the Mayor and members Of Coul
ell must have resided in the city 4
two years before election, but the eli
.mdge and Deputy City Judge, al
simply required to be residents while
Water Commissioner, a Street an
Sewer Director or a Police Commi
sioner must have been a resident Il
FIVE years Here is a case where q
Mayor, the most important officer,