Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1883-09-20
THE COUNTY COURT.


sions met Monday morning at 10 O'Clock
There not being quorum the court ad.
iourned until 3 Up. IN. The grand jury
were all present.
The county court reopened at 3 O'Clock
Monday afternoon. Chief Justice
Comegys and Associate Justice Wootten
on the bench. The grand jury wss
called and sent to its room.
AT o'clock Ignatius C. Grubb, ED,
oounsel for the Water Commission, pre-
ssuted petition for a mandamus upon
the Water Department of this city az
follows, with sfidavits
10 The Honorable, The Judges of A,e
Superior Court Of he State Of Deto'cdre, in
and for Ne'c. Castle County: The petition
Of Lewis Paynter, Caesar A. Rodney and
William T. Porter respectfully showeth, that
your petitioners are citizens aud resident tax
payers OF the city of Wilmington, in said
State; that under and by virtue of the pro-
Visions OF an act of the General Assembly of
this State, entitled, IAN act to establish a
Board of Water Commissioners for the city
of Wilmington and for other purposes,
passed at Dover, April 18th, A. ID. 1883, your
petitioners were appointed and constituted a
board of Water Commissioners for the
said city, with full power to act
as such for the term of two,
four and six years, as therein specified,
reApectlyely or until their successors should
be duly appointed that in conformity to
the requirements Of said act the said com
misaioners, 30 appointed az aforesaid, having
been first duly qualified III the form aud
manner in said act prescribed, did, at their
first meeting after the passage of said act,
Determine their terms by lot, and did certify
the result IN duplicate to the City Council Of
said city and to the Recorder of Deeds for
No, said
certificate to be recorded by the said Recorder
Of Deeds. That in and by the act of the
General Assembly aforesaid, it was provided
that the said board should have the entire
control OF all matters relating to water supply
in the said city of Wilmington, and the
management and direction OF tho water
works existing at the time of the passage of
the said act or thereafter to be constructed
in connection Herewith and should also have
charge and supervision of all the MAINS
stop-cocks and ire hydrants aud other fixtures
appertaining to the distribution of water
though the city, and of the collection of all
the revenues due, or to become due, to the
city of Wilmington for water, or accruing to
the said city on account Of the water works
thereof, by virtue OF any ordinances then
existing, or of any rules and regulations
thereafter to be passed by said board.
And the said board was by the said act
authorized and empowered at its discretion
to appoint, employ and discharge all officers,
agents. ministers and servants necessary for
the management and service of the said
water works, and for the collection of the
revenues arising therefrom and to determine
the compensation to be paid to each one 30
employed; and also to make all needful rules
and regulations for the observance of the
officers, agents, ministers and servants, 30 by
it employed. And by the said act all officers
OF the Water Department OF said city were
placed, from the time of tho organization of
said Board of Commissioners, under and
subject to the control of said board; and the
terms Of office of all the said officers were
thereby made subject to termination at the
pleasure of said board.
And ii was therein further provided that
subject to said control, all such officers
should continue to perform the duties then
devolved upon them by the ordinances OF
said city until the Board should otherwise
direct and that all books, accounts and prop
erty connected with the Water Department
OF said city, or any office therein, should be
used and disposed of according to the direc-
tons of II i'd Board.
Aud your petitioners further show that the
said Board of Water Commissioners 10
appointed and constituted us aforesaid did,
within ten days after the passage Of said act
to wit, on the 9th day of April, A. ID. 1888,
assemble and organize by electing one of
their number, to wit the said Lewis Paynter.
And your petitioners further show that
prior to the passage of said act, and of tho
act entitled IAN act to revise and consolidate
the statutes relating to the city of Winning
ton" passed April 13th 1888, the City
Council of said city of Wilmington was, by
the charter of said city, empowered to pur-
chase or erect pumps or any other apparatus
for supplying the citizens of said city
with good and wholesome water, to re-
pair and amend the same, and to assess
and receive a tax therefor that in the exer-
else of the power no granted, the said City
Council did have control of all matters relat-
ing to water supply i'll the said city of vii
mingtOn, and did by ordinance provide for
the election annually at the first stated meet
ing of the City Council in December of the
Chief Engineer of the Water Department,
who should have charge and care of the
water works of the city of Wilmington, in
Guiding mill houses, steam engine houses and
their machinery, the reservoirs, pipes,
mains, stop cocks, drains, fire plugs and
other fixtures and property, and who should
also keep an account of all new pipe laid,
repairs made and all materials used for the
same, and who shoHld also have control and
oversight over all the officers and men con-
nected Herewith and assign and direct their
duties so az to carry on the details of the
works and who should also attend to the
direction of all new works in the said Depart.
ment, all of which will by reference to the
ordinances of said city relating to the Water
department thereof more fully appear.
Here tbs document rectes the cleo
ton of David II. Coyle as Chief Engine,
OF tue Water Department, by Council in
December, 1882, and the subsequent reso
lutions of the Water Commission passed
May 18th, 1888, removing Mr. Coyle from
office, appointing II. b. McIntire in his
stead directing the President of the Board
to notify Mr.. Coyle of his removal, de-
claring that from and after the date OF re
4 moval Mr.. Coyle's compensation cease
notifying Mr.. McIntire of his election, and
directing him to enter Immediately upon
his duties
I 1t is further recited that Mr.. Mcintire
duly accepted the same, and was qualified
according to law for the performance Of
4 the duties ; that Mr.. Coyle was notified
Of his removal, by Lewis Paynter May
18th. 1883, and requested to turn ovel
the office to II, B. McIntire that .
similar demand was made upon Coylt
September llth, 1888 and that in each
case Mr.. Coyle refused to comply will
the demand OF Mr., Paynter made in tn,
y name of the Water Commission.
a 1t is further recited that II. b. McIntirt
IN person presented himself at the office
of David II Coyle, May 14tb, 1888, and
September 18th, 1883, and demanded this
said Coyle yield up to him the office alc
all books and papers pertaining thereto
and that in each case said Coyte refused
TO comply with the demand.
The petition of the msndamus close
thus:
And so your petitioners aver that by reason
OF the promises the term of office of the sal,
layid II. Coylo as Chief Engineer AZ afore
SAID ceased and determined on the said 1itl
DAY OF May, A. d., 1888, and it thereupol
became and was and still is the duty of tn
SAID David H. Coyle to deliver mp the sal.
Office of Chief Engineer and the books
accounts and other property appertalnin
thereto to the said Henry b. McIntire or a
otherwise directed by said Board of Waite
Commissioners, and that by his said refusu
80 to do, your petitioners are unable to d
Hnd perform the duties devolved upon ther
l'y the acts of Assembly above recited.
Wherefore your petitioners, having IL
other adequate legal remedy III the premises
Hereby pray this honorable court to issue
writ, of the said state, of mandamus, drecto
to the said David II. Coyle, commandin
him to deliver to tie said Henry b. MIcIntirt
Chief Engineer AZ aforesaid, possession G
all books, accounts and property connecte
with the office of Chief Engineer of tn
Water Department of said city, and also c
the mill houses, steam engine houses, an
their machinery, reservoirs and office, rool
OF building controlled, and occupied by th
Chltf Engineer aforesaid, for the uses {
said department.
Accompanying this document were all
Il davits of Lewis Pay inter-, Cesar A. Rodney