Evening journal., 1921-03-07
CHANGES IN new
CHARTER DRAFT
tcontinued from page onel

CONTINUED from page one)
made for the appointment and du-
ties OF these officers. with particular
reference TO the effect OF the OIL
cial acts OF the City Comptroller.
Tho act now directs the bonding Of
the commissioners. and that minis
ters OF the gospel shall be ineligible
to office, to both which matters you
had directed attention.
Referring to your objections.
founded on the abolition Of the
Boards of Health. Public Utilities.
Sinking Fund Commissioners, etc,
we advise that the plain provisions
] OF Section 2 of the act transfer 20
the new Board OF Commissioners
all present powers and duties OF
/ these several boards. no substantial
existing duty OF any board Is de-
stroyed; the result viii be that a
centralized authority will exercise
the power 'and perform the duties
now exercised and performed by the
members OF these several boards;
and further, such exercise and per-
formauce by the new Board Of Com
missioners will be under the same
statutory authority as governs said
exercise and performance by the
I present several boards
Because. unwilling that any doubt
I should remain In lay minds as TO the
l legal sufliciency Of any provision OF
l the act, We have stricken out the
provision declaring that existing
statutes OF a special nature relating
TO Wilmington shall be deemed ordi-
nances, with power in the new Board
/ OF Commissioner 20 amend or re-
peal them. This was a salutary pro.
vision. and in our minds unques
tionably legal. but we have yielded
to a sense Of expediency. You viii
recoliect that doubt was expressed
as 10 the legality OF this provision o.
the act
The objection that an employ,
whose services were not needle,
could be dismissed only for caus
after public hearing. Is answered
first by the fact that the provision
as TO dismissal for cause after hear
ing applies only 20 employees directl
appointed by the board, and sec
cndly It ignores the elementary dis
tinction between dismissal from tn
service and laying orr for lack O
work. The honesty and good pur
, pose in this regard OF the Board o
, Commissioners must be assumed
Cany system Of government must, 4
the last analysis, depend on thos
b administering iD. and the act no'
specifically provides that all EN-
3 ployes shall be appointed or dis
charged with reference to their qual
ifcations and the good Of the publ
service. and without regard to thei
political faith.
The act does not prescribe a fori
% OF oath for the commissioners. {
other officers because section {
n the present City Charter furnish,
. one, and the provisions. as abo1
y suggested, OF the City Charter. q
o cept as inconsistent with this ac
4 are preserved.
d You objected that the new a
l. allowed the board 10 issue bond
s. without any referendum authorit
n up 20 an amount equivalent 20 !
per cent Of the assessed valuatiC
Of real estate. Whether the lin
rs be Is per cent. OF - per cent.
Is 10 per cent is a matter Of opinio
Under the act the board can AZ
= referendum authority II IL choose
in any event, such power must
by ordinance, whose passage wou
be public matter, and the act pr
vides that II a petition Of prot,
against such an ordinance be IN
within ] 8 days after it's passage
cannot become effective until 81
mitted 70 a referendum vote.
Answering your question as
the delegation OF powers TO the G
manager, we advise that in pull
utility matters, or in any other
islative or judicial matters.
board could not delegate its auth
ity to the city manager or 10 any
else. The city manager, by the
press terms Of the act, is only
administrative agent.
We sincerely trust thai this