Evening journal., 1911-06-21

to turn such fees into the city treas /
ury.
Appointing Power.
A. The Governor appoints the City
Judge, who must be of at least seven
years standing as a practicing at
torney, and the Resident Judge of
New Castle county appoints the
Deputy City Judge, who has the same
powers as the City Judge, and the
act referring to the latter requires
only that he be a suitable person.
The Mayor, who is elected by the peo-
pie of the city, appoints the members
of the Street and Sewer Departments,
while the Police Commissioners and
Park Commissioners are appointed by
the Resident Judge, who, himself, is
appointed by a Governor elected by
the people af the State. Appoint
ments by the Mayor must be confirm
ed by the Council, but appointments
made by the Resident Judge require
no confirmation.
5. A legislative act passed by the
Council must have three readings, two
of which shall be at a meeting or
meetings prior to adoption, and when
/ duODltu 10 NdlAtu iA hAA
when a legislative act is passed by
one of the departments it is called a
resolution; yet a resolution of the
Council can be passed after one read
! ing. Tho act creating the Council
has determined how ordinances shall
be passed; but the acts creating the
departments have not determined how
resolutions shall be passed. BY COM
mon practice we have assumed that
resolution Of the departments shall
be passed with the same formality as
an ordinance of the Council and that
a resolution of the Council shall be
passed with Jess formality than a
resolution of the departments.
6. Council is given authority to en-
act ordinances to preserve the health
of the city and the Board of Health
is Invested with the power and au-
thority which Council might or could
exercise relative to the objects Of the
institution of said Board" Constituting
almost similar language the State
court has determined that the Street
and Sewer Department has legislative
authority, while the City Court. whose
decision is final in a case before it,
has decided that the Board of Health
has no legislative power.
Z. An interesting situation is shown
by the statutes and decisions in the
matter of jurisdiction over streets.
The act creating the Street and Sewer
Department gives that department en-
tire jurisdiction over streets from
building line to building line; the act
creating the Board of Health gives
that body control over matters af-
fecting the public health, whether on
or of the streets; the Police Commits
sion act gives that body authority
over the Police Department on and off
of the streets: and the act creating
the Water Department gives that
body full power to lay water pipes
and mains. Let us see some of the
results: The Street and Sewer De
partment may pass resolutions re-
garding the use Of tenders on street
cars, but the Council adopts ordin.
ances as to what shall be done witt
the shafts on wagons IN markets. The
! Council also passes other ordinances
: regulating the street markets. Th'
conduct of the street market is. u
some extent, a matter affecting the
public health. hut the Board of Health
! must go TO the Council for relief. The
Council collects the market rents. and
after the markets are over, the Street
and Sewer Department cleans up the
refuse. The rent from wharves al
the ends of the streets belongs to the
: Council. The Street and Sewer De.
partment can pave a street and ther
, the Water Department ca ntear II uT
! to put in water pipes, the Police De
partment can put in police telegraphs
and fire alarm wires and the Board oi
. Health may drain abutting properties
The Meat and Milk Inspectors are
both health officers, but are appoint.
ed and controlled by Council.
Tax Collection.
8. The law requires that in the
: collection Of taxes, tax collectors
shall first proceed against persona
. property by distraint, but It makes nj
: provision as to how the persona
property shall be sold, what notice o.
q sale shall be given, what costs ant
4 expenses may be taxed, or what shall
9 be done with the residue after satisfy
4 ing costs and taxes, nor does it pro
. vide what records of such sale shal
. be kept. II may be contended tha
! the law is sufficiently clear, but 4
= such is the case. IL is most remark
r able that It has never been enforced
@ 9. The law is sufficiently clear as
r to the ascertainment of damages tc
e persons whose property is taken fol
II public use but, an uncertain and in.
# definite provision is made for the as.
b sessment Of benefits against persons
z whose properties are benefited. II
II may be contended that the law in this
regard is sufficiently definite. II it is
= Mr.. Harman and myself each failed tC
; perform our duty during our terms
i as City Solicitor and allowed numer
g Gus people to receive benefits without
I paying for them.
vi