Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-08-04
pALIDirY OF THE SEVER 1Aw.


Thursday--A Great Deal Said, But
Nothing Accomplished.
The meeting of citizens interested in the
validity of the sewer lien law, at the
Builders Exchange Thursday afternoon,
was not very largely attended.
Mark NJ. Cleaver called the gathering to
order. He stated that the purpose of the
meeting was to ascertain whether Il
sufficient number of citizens interested in
the sewer question We're willing TO SUBJ
scribe the funds necessary to obtain
counsefs opinion on the validity of the
law and also to hear the report of the
committee appointed.
j. Augustus McCauley for the commit.
tee reported that Mr.. Spruance was con-
suited with and that his fee would be 800.
This would be written opinion on the
validity of the law. The committee was
not ready to report as to whether the Street
and Sewer Department would join in an
amicable test case.
The adoption Of the report was then
moved.
Phillip Plunkett thought the sum of
500 should be Immediately subscribed and
the opinion obtained. lie thought it a very
prudent course to pursue.
Washington Hastings-"There are Is
persons here now who think are willing
to subscribe. suggest we make up the
necessary sum now. Ii is the business we
came here for
John s. Rossell inquired of what benefit
the opinion of an attorney would be.
What is wanted is contest in the courts.
lsuppose we want to know how to relieve
property of the lein in question. The law
is mandatory-that the mayor shall direct,
&c, and that the Directors of the Street
and Sewer Department shall cause to be
sold, &c.
Mr.. Rossell then referred to the strong
&c tl int tl,
1t has the precedent of % of the most i'm
portant cities in the country whose sewer
age system is successful. The speaker had
reached the conclusion that the depart
ment law, so far as assessing abutting prop
critics, is sound. What is needed is case
stated, and it seems, as far as we can learn,
the department has shown no willingness
to join issue.
At this moment several of those present
Joined in discussion which developed
eventually into an investigation of the
legal points of the law in question.
Mr.. Hastings thought that discussion
was drifting away from the special busi-
ness of the meeting. Instead of ascertain
ing whether we can gather subscriptions
sufficient to pay for legal opinion it looks
as If we are stating our own opinion on
the law. If we know all about it what is
the use of paying for counsel's opinion.
We of course know that whatever q lawyer
may say the court will decide after all. As
thelaw stands the department certainly can
collect the lien. We met this afternoon to see
whether we want to get the opinion of an
attorney as to the validity of the law. OF
course if he says the law is good, it will
end this But individuals can continue
and test the matter in the courts.
$. ID. Forbes thought it useless to get an
attorneys opinion. lie then commenced
a criticism of the law.
George May followed in a strong denun-
| citation of it.
Mr.. Hastings-"There is no quarrel with
| the Street and Sewer Department. There
is no contentious feeling here in regard to
| it. The directors are officers of the law
and they are acting according to law.
"On our part we believe we have n good
case, which we want determined by the
| supreme court of the state. There is no
| reflection whatever upon the Street and
! Sewer Department. They are proceeding
| by statute and according to their rights
Mr.. Rossell-"l am perfectly in accord
with the motion and will join in the sub.
II do not see why we should not instruct
the attorney to file bill in chancery to
| dissolve these liens.
''As much as we may eulogize the de.
partment we are honestly in open oppo.
| sition to it"
Mr.. Hastings-'So we are in that sense,
and have a right to be.
Mr.. Rossell-"Im satisfied that after NIL
this is done we will not be in a position Of
relief, | think it better to have the law
amended by discriminating power being
| placed IN the street and Sewer Depart
mentS hands by the Legislature"
Mr.. Piunkett-"l always like to go into
| the courts with my eyes open. l think
we should have lawyers opinion on this
matter. The sum Of 500 is not too much
to pay. ! think IL the lawyer says the
law Is Ealld tlle money Is sun well spent.
] Il thlnK, though, that II 1 got up to
| fight the Street and Sewer Department by
| myself there are very few here would helIl
| me.n
Chairman Cleaver to Mr.. Plunkett-
Suppose Mr.. Spruance tells YOU the law
! is valid, what will you do?"
| Mr.. Plunkett-"Fll drop it all right
away"
Then followed another free-for-all dis.
| cussion which developed some extreme
| contrast of ideas among the audience
| Mr.. Hastings Harmony is necessary
| in all things. 1t is quite apparent that Il
does not exist here. Therefore, Mr. chair
| man, move adjournment sine die. That
I! will leave each one to pursue his own
ideas in his own way"