Smyrna times., 1950-11-16
SMYRNA MAYOR
HAS RESIGNED
Mayor NewcOmb Has Resign
ed and w. S. Kruchen Was
Elected Acting Mayer
LEGAL OPINION GIVEN

The resignation of Mayor Albert
A. Newcomb, Sr., rendered at the
last meeting of Town Council due
to his removal to Trappe, Md, has
been accepted with regret. Coun-
Gilman William S. Kruchen was
elected acting mayor for the unex-
pired term. in accordance with
provision made in the town chart
er and as defined and interpreted
by G. L. Harmonson, town attorn-
ey.
Legal Opinion Given
The acting mayor was named in
accordance with the following Sec
ton of the town charter which was
approved May 10, 1887. "If the
mayor be incapacitated in the per-
formance of the duties of his Office
by reason of death, illness, absence
or any other cause (Which would
of course include resignation) then
all powers and duties conferred
upon him by this act and by Chap.
ter 1872, Volume SO, Laws of Della
ware, and by any other law and by
any ordinance or resolution now or
hereafter enacted or adopted by
Council shall during such incapac-
ity be exercised and performed by
some member of Council, chosen
by Council as acting mayor, and
with duties and powers heretofore
imposed and conferred upon the
acting President of Council by
Chapter 1872, Volume 36, Laws of
Delaware, if the same should here
by be imposed and conferred upon
such acting mayor" Is a vacancy
created among the members of
council by a member of council be-
ing chosen acting mayor? The
answer to this question was given
in the following legal opinion of
c. l.. Harmonson, town attorney.
Il have not been able to discover
any other provision and from the
language quoted above, it is~ny
opinion that no vacancy is created
among the members of council by:
Some member of council, chosen
by council, acting as mayor" If
this language had been that if a
vacancy should occur in the Office
of mayor, then council should ap-
point a member of council to fill
the unexpired term of the mayor,
then it is possible such councilman
might then not still be a council
man but would be the mayor and
another person would be selected
outside of council by the remain
ing members of council to fill the
term of the member who was ap-
pointed mayor. Instead it seems
to me that the 1887 amendment in
tends that the member of council,
who shall continue to be a men,
ber of council, shall merely serve
as acting mayor until the next
election for mayor. If the present
member of council should now re-
sign, such person could not be the
acting mayor because he would not
then be a member of council and
therefore it seems that under the
present language the members of
council should select one of their
members as acting mayor to serve
as such until the term of the last
duly elected mayor expires" :"
Police Report Given
The report of Chief of Police
John w. Jacobs, Jr., for activities
during the month of october in the
police department was presented,
as follows: Complaints answered,
21; arrests, 13; motor vehicle vio-
lations, IL; drunk and disorderly,
2; fines collected, $123. Commit
ted to Kent County Jail 1; parking
tickets issued, 68. Chief of Police
Jacobs was authorized to attend
the state police school in Dover
from November 13 through No
vember II, and Patrolman Walter
Nichols, from November 27
through December 1. The sum of
s125 was Appropriated by council
for the American Legion iron lung
fund. Council also went on rec
ord as agreeing to frunish water
meters to those consumers who
win pay the installation cost.