Evening journal., 1912-04-17
Mr.. KURTZ EXPLAINS
CHARTER PROVISION
To the Editor of THE EVENING

JOURNAL.
Sir: In reply to the criticism of
the Rev. George II. Dole on subsec-
ton %" of Section of the proposed
city charter, at the meeting of the
Civic Association on Monday evening.
/ desire to make Tn following reply:
In Section 5, the proposed new
charter aims to give to the city of
Wilmington the broadest powers pos
sible in contradistinction to the re-
stricted powers contained in the pres
ent charter. The powers therein
granted are aimed to be so broad as
TO insure home rule" 10 the citizens
of Wilmington, without requiring
them TO run TO Dover for legislation
every time that some purely local
public works are instituted. Among
these powers granted in subsection
% of Section 8 are the following:
ITO provide for making of local
improvements, and to levy, secure and
collect special assessments on prop
erty benefited thereby and for pay
ing the same or any portion thereof:
10 determine what work i'm relation 10
sewers, curbs, pavements, street con-
struction and other improvements
shall be done or made by or at the
expense, in whole or in part of the
owners of the abutting. contiguous or
proximate property or others spe-
cially benefited thereby, adopting 4
front foot or other standard of as
sessment and to provide the manner
OF the payment and collection there
Of"
Mr. Dole, in his criticism. notwith-
standing repeated explanations ol
this clause. continues 20 confuse the
mere grant of the power, necessarily
incident 10 the exercise. Of complete
home rule" with the exercise of that
power. The grant of the power to
the corporation was done because. n
further efforts are to be made to have
a part of the cost of local street i'm
provements assessed on contiguous or
abutting property benefited thereby.
it surely is better that the questions
should be thrashed out in City Coun-
Gil, whose members are tne chosen
representatives of the people of this
city, and who can be reasonably sup
posed to be cognizant of the public
sentiment of their constituents, than
to be forced to submit to the alterna-
tive of having to go to Dover at con-
siderable expense and loss of time,
and attempt to thresh this purely
local question before legislators who
have no special interest in the mat
! ter, and have no means of ascertain
ing the sentiment of the people of Will
mington on the subject.
It seems to me that there can be
no serious objection in the minds of
reasonable men that such power
should be given to the corporation. so
that the General Assembly, if again
appealed to in the future, as in the
past. for the passage of legislation
of this character, could say 1--WE have
given you the power in your charter
to do what you think best in the mat
ter. Thresh it out in your local COM
munity."
Merely to give the power to the
corporation is no mandate that II
shall be exercised. Whether or not
City Council would pass ordinances
providing in part for such assessment
for local improvements would depend
upon the favorable or unfavorable
sentiment Of the citizens relative to
the proposed action There can be
no doubt. however, that Council could
better ascertain the drift of the pub
lie sentiment of the citizens of Will
mington-who could attend its meet
ings in the evenings, make their opin-
ions known, without the loss of time
from work. or the expenditure of
money in travelling to Dover-than
could the members Of the general as
sembly, selected largely from COM
munities that have slight interest in
and no. knowledge of local public af-
fairs and local public sentiment.
Again the reverend gentlemen as
sumes in his criticism that if such
assessment was adopted. the abutting
property owners would have to pay
the expense of repaving and repair
ing the street, and consequently he
would be so overburdened with taxes
that he would have to fee to the coun-
try. II is hardly conceivable to sun
pose that such proposed assessment.
II adopted. would be levied on the
property benefited more than once.
that being a proportionate share of
the original cost of improvement. All
repairs and renewals are made out Of
the city's common fund.
! am not expressing any personal
opinion as to whether such ordinances
should be passed by Council. in the
event of the passage of the proposed
charter. | am only trying 10 point out
the misleading conceptions which the
public might form from confusing the
mere grant of a power to insure
home rule" with a mandatory order
to exercise that power, which the
criticism IN questions seem to imply.
Very trulV VOure