Year: 1879

what BhouId be Reported and
! what Sh0uld net..The City Conn
cal Mildly Rebuke 3D..


WILMINGTON, Del, Aug. l3, '79.
To THE HONORABLE THE CRY COUNCIL OF
WILMINGTON.


RESPECTED GEETLEMEN:-I see in the
report Of your proceedings that the
Honorable John Guthrie Chairman Of
your Finance Committee has stated:
"That for some cause the City Treasur-
er had only reported part of the money
on hand. There are $i4, ,264.07 Of the
Board of Education money in bank,
which should be added, making the total
amount in bank $l2l, ,044. 40, instead of
$76, ,7sO, AZ as appears from bis report"
In reply would respectfully state to
your honorable body that the money of
the Board Of Public Education is left
9 y . rately in the bank from the money
of the city. That this is done in &C.
cordance with the law, and that it
never has been customary for the City
Treasurer to send to the City Council; a
report of the money in bank belonging
to the School Board. But that he will
feel great pleasure in doing 80, and
shall do in the future, as he thinks it
will be useful information both to the
Council and the public.


The Treasurer, however, sends to the
Council duplicate receipts Of the money
received from the Tax Collectors for the
Board of Public Education, which are
read in Council in the same manner as
other money received by the Treasurer,
and these receipts show the amount he
has received from every source.


There was when the present Treas
urer first came into office great com
plant that the money received for the
School Board was used by the Council
for city purposes, and not paid to them
by the Treasurer at the time, and in
the manner specified by the law, where
by they suffered great inconvenience.
This was finally remedied by the Treas
ursr having the money deposited to his
credit and paid to the School Board by
his checks. since which there has been
no complaint. This was in strict COM
pliance with the law. Again there was
great complaint that money derived
from bonds sold by the Treasurer for
the use of the Board of Public Educa-
ton was spent by the City Council for
city purposes. The Treasurer is bound
by his oath of office to do his duty both
to the City Council and the Board of
Public Education.


Consulting the City Solicitor he was
informed that he had no right to allow
money devoted for one purpose by the
law to be spent by the Council for
another. And again he was recently
called upon by those representing the
School Board, ard informed that
they shall look to him for their money.
The Treasurer is liable to suit If he
does not pay them in the manner and
form prescribed by law.


The new law passed says: "That the
City Treasurer shall pay on the frat
Monday of each and every month dur
ing the year upon orders drawn upon
him by the Board of Public Education,
under the hand of their President and
attestsd by their Secretary, the sum OF
$7,l55.55. This money it is the duty
of Council t, appropriate, and my wish
is that the Council should pass it every
month, and that should return it from
the funds of the Board of Public Educa'
tiou to the city. l am ready to do any
Just and lawful thing required by the
Council, but am not willing to do any
thing contrary to law, or that shall in
any manner jeopardize me or my Sc
curities by suit at law in relation to
the funds of the Board of Public EdnCa-
ton.


According to my books there is $2o,-
3s3.62 due by the Board of Public Edu-
G .tion, money advanced to them by the
city which think should at once be
returned to the city by the Treasurer.
respectfully beg leave to state to yeur
honorable body that the only safety to
the Treasurer and the people is strict
adherence to the law. This IS what l
have end-avored to do. All the trou-
biz have had il my Office has arisen
from viola ion of law apparently to
benefit the city. Such as the use OF
funds devoted by law for one purpose
and expended for another. | have
never done this willingly. But have
always remonstrat d against it. The
arguments in its favor have been the
city's needs and saving the city money
IN the shape ofinterest.


have therefore concluded to adhere
strictly to the law in my Office as my
only safety. No one, no body Of gem
tl4men, however high their position or
influential, have right to violate the
laws of the State. And as the use OF
school money by the Council is against
the statutes of the State, and as there
has already been trouble and danger to
me from this source, have concluded
to have the money Gas | aui bound to
do by my oath of ohice) so deposited as
to be under the direct control of the
Treasurer where he has the power to
prevent its diversion to any other use
than that by law commanded.


With Great respect remain Yours,


FRANCIS VINCENT, City Treas.


New Hall.