Evening journal., 1911-08-22
TURN DOWN
BOND ISSUE


provision Of any section OF the char
ter other than section Il, which is the
section under consideration and
which was amended by section IA
aforesaid; but IL does not provide that
such authority shall not be affected by
any other law. and expressly pro-
vides that the act In question shall
not be construed to amend or repeal
an act to authorize the Mayor and
Council OF Wilmington 10 borrow
money for the curbing gutterinE
grading widening, paving and i'm
proving of the streets and avenues
and building Of tewers and conduits
In the City Of Wilmington, Delaware,
approved March 1907
The act last ouo'ed Is in full force
and effect and authorizes the Mayor
and Council of WI mington. without
lirritat'on as to amount. to issue
bonds for "curbing guttering. grading.
widening paving and improving the
streets. avenues lanes or alleys
OF the city. This latter act provides
trat bonds may be authorized upon the
presentation to the Council by the
board Of directors OF the Street and
Sewer Department OF a list showing
the location and estimated cost Of
improvements.
The city o. Wilmington has hereto
fore issued $250,000 street bonds IN
the current under the act of March 1,
1907, and in the manner provided in
that act. II appears from the pro-
eeeSiree that the Dreeent bonds are
issued for one OF the purpose speci-
fed in the act Of March 4. 1907. (viz.
widening a street,. ut Il does not APP
pear that prior to the passage of the
ordinance authorizing the bonds, the
let showing the location and esti-
mated cost Of the improvements was
furnished to the Council; in fact, Il
is admitted in a letter of the city So
licitor TO you, dated August IS. 1911,
that no such list was presented. The
proceedings for the issuance Of tho
bonds In que-tion recite that the
bonds are TO be issued under Section
II Of the charter. as amended II is
clear that the authority Of the Coun-
Gil to issue bonds under this act is
conditional upon the prior action Of
the board Of directors of the Street
and Sewer Department in presenting
a list of improvements which in its
judgment should be made and estimat-
ing the cost. and that Il is uDon this
determination and estimate that the
Council must act in determining the
amount Of bonds to be issued.
The question arises whether there
f any authority In the Council Of
Wilmington to issue bonds for the
purposes specified in the act of March
4. 1901. except under the authority OF
and in the manner prescribed In tho
act of March A. 1907. While Il Is true
that Section n OF the charter, as
amended by Chapter III Of the Laws
of 1907, authorized the issuance for
such purposes as the Council may
deem advisable, IL does not seem to
us that this relieves the Council from
omp.iance with the special act au-
thorizing bonds for the particular
purpose in question, IN view of the
/ provision IN the last section of Sec.
ton n that Il shall not amend ths
Street and Sewer Act and we thinl
that the bonds in question shout,
have been issued under such specia
act.
Suppose the Street and Sewer Ac
had contained a limitation of tn,
amount Of bonds TO be issued fo
| Street and Sewer purposes to $3.50, O0l
in any year, which amount has beer
already issued Would it be a SAT,
and reasonable construction Of Sec
ton a of the Charter to hold tina
additional bonds for such purposes
might be issued Hereunder?
We have carefully considered th,
reply of the city solicitor dated Au
gu Is. TO our letter of August IL
in wrich We raised the questions
above discussed. II does not seem 1,
us that he meets our objections. HI
admits that the bonds could have beer
issued under the Act of March 4 1907
and that proceedings would bette
have been taken under that act
: While he urges that Section II of tn
Charter authorizes bonds of any pur
pose, yet he does not seem to NEE
our objections that the Independent
act of March q, 1907. absolutely re
quires the precedent action Of tn
Street and Sewer Department. whic
, was not had in this case.
We think that there is grave dout
as TO the authority to issue thes
y bonds under Section II Of the Chartel
and without compliance with the a
4 of March 4. 1907, and we cannot there
! fore approve the bonds.
a Yours very truly.
: Hawkins, Delafield and Longfellow.
a HIS EMPTY WALLET