Every evening, Wilmington daily commercial., 1921-03-07
REVISED CHARTER BILL
Continued from page I

tho cammiesinnofa. and that ministers
~ thr Roapcl ahal 10 ineligible n -
fcc to hoth of witch matters Yen lad
directed attention
Hrferriug - vour chioetinns. founded
on tho abolition of the noarda IF Health
Futltn lfuIitiea. Sinking Fund Com
miaelnnera rtc We advise that The uian
pros iaioila % Section If The net
ttauafrr to Tho now Boa,d - Gontuia-
alon.ra all present peweta and duties
Of thrne snSera hoarda 10 substantial
existing duty ~ any boafd ia deatraye1
the result will he that centralized
authority viii exercise the power nnd
perform the duties NOW cxprcisad ard
performed - the mefnheta ~ these
several hoards and further aueh ~
.rciae ara Performance ~ tire naw
poatd - commissioners piH f. rn1ef
the same statutory authority az governs
aaid exercise and performauee ~ tho
uloaent several hnat1s
Tlerauee. unwilling hat arv Doubt
ahould remain ~ laF mlnda az - tho
lagpl auiloirn.y ~ nnt trpviHInr - tha
act We have stricken uut tho provision
declaring that eviatinR afatufea #
ape,,Iai nature relating fa Wilmington.
shall 10 deemed ~ altilusneea. with power
ia tho new uoard ~ Commissioners fo
amend 81 repeal fi4an 1his wa
salutary provision. and IN minds.
uuu,leFt iouahlY legal. but wn have vioId
81 aeupo of oxediency You viii
rocoilsS,t that doubt was arnroeRed - IN
tho legality Of this provision nf the act.
The objection that al amplnye wh,ao
Hal-V iooa were not needed. could bc dis
niinHo,i only fur causc after puhli,. hear
Ing. u answered nrst hy tho fac that
the provision to diHuinaai for causa
aftpr hearing npplieH only 70 employees
directly appointed by the board ard
secondly IL irnoreH thg elementary dis
1 tinction hetvnoefl diAnsusai fr,urn the
service and laying of" for lack ~
/ work Tho houcaty and good purpose
/ III this regard Of the oIiard Of Com
/ rniaHiouers must be assumed fany
Hytate1n Of government must In tho last
i analysis dcpcnd on those administering
it) and the act now specifically pro
vidca tina, MI employees shall be ap-
/ pointed or discharged with reference
/ 70 their qualifications and the good 81
tho public service md without regard
/ 70 their political faith.
/ The Act does not prcacrfbe form
/ Of oath for the Commissioners or other
ofIlCere becauss section OF tho present
! city Charter furnishes ono. and tho pro-
viaons. as above TugEested of the CITY
/ Charter except az inconsistent with
this act arc preserved
You objected that the new act al
lowed tho Board tn issuo bonds, with
| out any referendum authority. up to
an amount equivalent TO Is per cent of
the assessed valuation of real estate
Whether the limit should he 10 per cent.
or . per cent. or 10 per cent. Is mat
| ter Of opinion
Under the Act the Board can ask refer
endum authority If II chooses. in any
since the authority for any bond issue
must be by ordinance, whose passage
would be a public matter. and the act
provides that II a petition Of protest
against such an ordinance he filed with
in IS days after it's passage. 1t cannot
become effective until submitted to "a
referendum vote
Answering your question as to thu
cfelegatiou Of powers 70 the city mama
ger we advise that IN public utility
matters or in any other Legislative on
judicial matters. the Board could not
delegate it's authority To the city mana
ger or TO anyone else The city mana
ger by the express terms of the act. Is
only an administrative agent.
We sincerely trust that this act for
whose enactment 50 much public feel
ing exists. is now in a form satisfactory
TO the Wilmington members of the
Legislature.
Yours very truly.
Thomas r Bayard.
Chas. T. Curley.