Evening journal., 1915-08-02
MR.. BIDDLE SAYS
He Will Hold ON
As CITY AUDITOR
Continued from First Pare.

ION covering the legal points raised
by Mr. Biddle 10 the mayor. Mr.. Bid.
dies letter to Mr.. White is as fol.
lows:
Mr. William p White. City Audi
tors Office. City.
Dear Sir:-I hand you here
with copy of communication
] have this day sent TO the Mayor
and Council of Wilmington re-
garding your appointment 10 the
office OF City Auditor. which ap-
.pointment ! deem irregularly
made and void Whilst yielding
temporary possession Of the Of
nee 10 you, pending proper deci-
sion In the matter. I do so under
protest and hereby notify YOU
that | reserve all my legal rights
and privileges in connection
Herewith.
Yours very truly,
S. c. Biddle, City Auditor.
The accompanying communication
20 Mr.. White, which is similar 10 that
forwarded 10 Mayor Price and TO City
Council, is as follows,
July 81. 1915.
To the Honorable Mayor and
Council of Wilmington.
Gentlemen feel II my duty
to submit for your consideration.
and for such action as you may
desire 10 take, the following
statements, which, in my opinion,
invalidate the recent appointment
or Mr.. William p. White 70 the
Office OF City Auditor
Section 81 Of the City Charter
makes the following mandatory
stipulation. ION the third Wed
nesday in July. 1907, and at the
same time in every second year
thereafter the Mayor shall sp-
point a person 10 discharge the
duties of City Auditor, who ehall
hold Office until his successor is
duly appointed and qualified. The
term of Office of said City Auditor
shall commence or the first day
OF August next succeeding his
appointment" (See Note "b.')
Now on Thursday, July 1. 1915,
the Honorable James F. Price,
who that day assumed the Office
of Mayor Of the city, appointed 10
the Office of City Auditor Mr.. VIII
liam ?. White and communicated
such appointment to the Council
Tor its approval at its meeting on
the same date. Council at once
confirmed the appointment. All
this you must note was done three
weeks in advance Of the time epe-
cihed in the charter for such ap-
pointment; and on the proper
specified date OF the third We'd
nesday in July Gully 21) no ap-
pointment was made, nor has any
action since been taken by either
the Mayor or the Council 10 con-
form to the letter OF the law as
set forth in Section 81 sfore
quoted. (see minutes Of Council
meetings on July 1, 1915, and July
%. 1915.
protest. therefore, that this
appointment Of Mr. White was
improperly and consequently IL
legally made and is void. and
that. such being the case, Il de-
wolves upon me to continue in the
% Office Of City Auditor until a sue
cessor is duly appointed and
qualified and that such CON
tinuance rs necessary for the
proper conduct of the city's bust
ness affairs, especially In the
signing Of bonds and checks.
Further. Section II of the City
Charter provides that "in case Of
the death, removal from the city.
resignation, or refusal to act of
the Mayor or any other elective
ofiicer of said city-the Council
shall make temporary appoint
ments TO supply such vacancies"
But no provision is made for the
temporary appointment by
either Mayor or Council
Of an appointed official. such as
the City Auditor is.
AS therefore no proper appoint
ment has been made and as there
is no provision for a temporary
appointment. and as. even we're
such appointment now renewed. IL
could not be confirmed by the
Council prior to August LIST next
succeeding the date named for
proper appointment OF City
Auditor. il again appears that my
continuance in office Is right,
proper and necessary.
therefore again protest to you
against Mr.. Whites assumption
Of Office. and notify you that
reserve all my legal rights and
privileges In connection herewith
pending a proper decision re-
garding this important matter.
which I trust you will immediate
~ secure.
Yours very respectfully,
s. c. Biddle. City Auditor.
Mayor Price said he had no com
nent TO make on the situation caused
y Mr.. Biddle's action although he
id not conceal that he was not par
icularly pleased over the last-minute
ttitude of Mr.. Biddle. Mr.. White
allied ON the Mavnr and falLnd nnn,.