Evening journal., 1914-12-10
Continued From Page s.

IL shall cause action to be brought
against any such public utility violating
any such law or ordinances through the
attorney general OF the State OF Della
ware or the city solicitor Of the City
of Wilmington
Section :G. All orders made by said
Board of Commissioners pursuant to the
power and authority OF Section 30, shall
be served on the public utility TO be al
fected thereby, within a reasonable time
after such order is made, by the deliV-
cry of certified copy thereof to the
person to be affected thereby, OF TO any |
officer or agent of any such corpora
tion, association or joint stock company, !
TO be affected thereby. Such order shall |
take effect within a reasonable time
such time to be fixed in the order. Within
thirty davs from the date OF service OF
any such order or orders, any party to 1
the proceedings or person, company or
association affected thereby, may appeal
from such order or orders to the Super
ior Court of the State of Delaware, by
filing a notice of appeal with the pro
thonotarv of said court setting forth
the order appealed from, for which pur-
nose said court is hereby given lurisdlc-
tion TO hear aud determine such appeal
on the merit of the matters forming the
basis of the order. The taking OF an APP
neal shall not stay the operation OF the
order appealed from. but a stay may
be granted bv the court, in its discretion,
either with or without terms and condi-
tions. The form of procedure, except as
in This. paraeraph outlined, shall be pre-
scribed bv said court by rules adopted
for that purpose. In default OF com
pliance with the said order when the
same shall have become operative, SAID
person. corporation, association or lolnJ
stock company, upon whom SAID order
shall have been made, shall be sublecc
TO a penalty not exceeding one hundred
dollars per day for each day that such
violation is continued, said fine to be re-
covered by the City of Wilmington ii
the said Superior Court in an action Of
debt at the instance of the Board oil
Commissioners.
Section 81. The Board of Com
missioners, in its discretion may en-
nlov counsel other than the City Soil
citor, for the purpose Of prosecuting
anv complaint, investigation, suit OF
,ther legal proceeding which may
arise out of the powers granted IN
Sections 35 and S6.
Section 3s. Chapter 20S. Volume
%. Laws of Delaware is hereby re-
section 80. The Board of Commits
sioners may create such subordinate
boards and appoint the members
thereof as It may deem necessar,
and expedient for the proper and Ell
acient conduct of the affairs OF th'
nity. The City Manager ex-ofhcl'
shall be a member of all such suOor
dinate boards. The creation OF sucl
euhordinate boards and the duties ant
powers thereof shall be prescrioe'
nv the Board of Commissioners b.
ordinance, provided, however, tnat TN
Board of Commissioners shall nav
mower to delegate to such subordi
nate boards only advisory or ADMIN
istrative powers but no leglslatlN
mower. The action taken by any sue
subordinate board. within the hhl
tation of its jurisdiction, may De re
viewed and approved. amended or re
scinded by the Board of Commission
ers. and until amended or rescindes
action by said subordinate board
ehau be considered to be approved
The Board of Commissioners sha
have mower to abolish any such sui
ordinate board at its discretion. II
members of such subordinate board
shall serve without salary.
CITY Manager.
SECTION 40. The City Manager sha
no annointed by and be the executN
oficer of the Board of Commissioner
and shall be directly responsive
and under its direction and contr'
and shall hold office during the plea
ure OF said Board or for sucn I'M
as it shall employ him, PROVIDED
so long faithfully and etnclenly Pc
forms the duties of his ONCE. SuO5e
TO the control of said Board ne sna
have direct charge, supelNlslon o. q.
control of all the departments al
on,nioves of the City and he sha
make reports and recommendation
and give Information and advice
said Roard for the efficient and &c
noric administration of the anairs
ti,o cornoration. He shall be a
rointed without regard to his poli'
cal beliefs. -,
section Al. The powers and duu
Of the city Manager shall be; or
To see that the laws and OF
nances are enforced.
h To appoint and remove. except
bcrein otherwise provided, all heaas
Jepartments and all subordinate uihe'
ana employees of the city IN oo'h
classified and unclassiied service;
onnointments to be upon merit anu
ness alone and in the classified serN
ali appointments and removals 70
subject TO the civil service provisions
this charter. ~ L.,
q To exercise control over all depa
ments created by the Board of 20
missioners. ~,
d. To recommend to the Board
Commissioners for adoption such me
ures as he may deem necessary OF
pedient. c,-o,;.s;
Q. To keep the Board of Commissu
crs fully advised as to the financial c
dition and needs of the city.
f. To perform such other duties
NAV be prescribed by this charter or
reoilired of him by ordinance OF re
luton Of the Board of Commissioner
Q. To present reports from the
cral departments when requested TO
4 SO by the Board of Commissioners
TO present to the Board OF Commlssi
ers an annual report which snail
soidate the special reports OF the
4 eral departments.
h. To examine or cause TO be eN'
ined, without notice, affairs ot
department of the city or the eono
of any officer or any employe ther
with power TO compel the attendance
witnesses and the production OF bo
and papers and other evidence, and
.,,eo ,,-ifuneeoe to hp 'nunielod for