Evening journal., 1911-06-21

10 The cost of paving and curbing
footways is required to be assessed
against the abutting owners at the
actual cost but sewer liens are charg-
ed at the rate of fifty cetns per front
foot and a specified sum per square
foot regardless of the actual cost of
construction.
IL. The Water Commissioners, who
handle a large amount of the city
funds, are not required TO give bond,
while the Street and Sewer directors
each give bond to the amount of
thirty thousand dollars. II will also
be noted that the city Judge approves
the bonds of some officers, while the
Mayor or President of Coucnil ap-
proves those of others.
Letting Of Contracts.
II. In the letting Of contracts. two
OF the departments are required by
the charter to give notice by adver-
tisements in the public press that
they will receive bids, but no statutory
provision is made as to what notice
the Park Commissioners, Police Com
misioners, Board OF Health or the
Council shall give before awarding
contracts
13. The Street and Sewer, Water
and Park Departments, in fixing sal
aries Of officers, act by mere motion
or simple resolution adopted at one
meeting: while Council must pass an
ordinance and submit the same to the
Mayor for his approval and the Police
Commissioners must go to the Council
for authority to increase salaries.
IA. The election laws are set forth
in pages 272 to AIS, inclusive; yet
all citizens are presumed to know the
election laws. II is not unreasonable
to suppose that sufficient election
law could be set forth I'm ten pages
Comparing the city election laws with
those of the State. It will be noted
that In the former case the undisputed
ballots are burned. while in the latter
they are preserved.
Is. In the matter OF the laying oi
taxes on houses and lands, the citi-
zens of Wilmington. through theii
officials, determine the amount OF as
sessment and the rate Of tax which
shall be paid thereon, so that thi
power of taxation thereon Is unlimlt
ed but when II comes to taxing pub
lie utility corporations. the Legisla
ture has told us that We must not fl
either the assessment or the rate, bu
that the exact amount which these
companies should pay is a designated
amount per mile fixed by the Legis
lature
4 Is. The Municipal Court has pow
er to require bail for the appearance
Of persons arrested. but II they fai
to appear it has no power to enforc'
the collection of bail bonds.
II. The assessors and collector
are paid fixed salary and commits
sions. Who knows how much they re
ceive?
IS. The Street and Sewer. wate
} and Park Departments each have Al
engineering force. when one engineer
ing force for the whole city could b.
conducted with less expense and wit
better results.
10. The Park Department is speci
, hcially prohibited from contractin
; debts IN excess OF its annual incom
or receipts or which shall not be pal
out Of its annual appropriation an
there is an attempted effort in Sectio
/ II Of the charter TO so limit the pow
ers Of the other departments. In
note to Section II. Mr.. Harman ha
told us that a decision Of the cour
, would be useful in ascertaining tn
clear meaning Of this important sec
ton. I would suggest that the Char
ter Commissioners could draft a sec
ton of one-tenth the length whici
would be easily understood and at tn
= same time save the trouble and ex
pense of litigation.
During the argument as to the mean
ing of Section II in the suit of th
Sand Filtration Company againi
the city, the chief defense offered b
the city was that the contract was fo
an amount in access of the revenue
Of the Water Department, and there
fore void. Your president, Mr. Ware
and J. Harvey Whiteman, Esq, wer
associated with me in that case, an
: each of US had separate ideas as
the exact meaning Of Section Il.
, deciding the question before the cour
Judge Bradford did not agree wit
any of us, and held such a defens
, insufficient I am OF the opinion this
Section II does not, to any great el
: tent, affect any of the department
established since the enactment
that section. We all know the lac
: of respect City Council usually show
this section just prior to closing eac
fiscal year.
Purchase Of Land.
20. In the matter Of the purchas
of land, the Street and Sewer Depar
ment, the Water Department and ii
Council have power to purchase land
the Police Department has no sue
> power. and the Park Department mul
first have the approval of the Cour
) ell.
80 21. The Legislature has told 4
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