Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-07-13


Council to remove him must be strictly
construed. No authority by implica-
ton can stand here. There is no exist
ing authority granted TO Council to re-
move him by two.thirds or any other
vote.
Now il Council can cite any authority
against this we are ready to hear II.
We ask for preliminary injunction
because, as Mr.. Adele claims, he is an
officer outside and independent Of City
Council and City Council has nothing
to do with him but to prescribe certain
duties in connection with the Board Of
Health, and to pay his salary.
Now, if your honor does not see your
way clear to granting this prayer for a
preliminary injunction, then we ask at
least for a temporary restraining order
until this question can be Settled by a
court Of law.
We are not opposed to an investiga-
ton by proper authority and We want
this fact clearly understood.
II Mr.. Adele has violated the law,
then we say he ought to be turned out
of his Office.
Now, there are certain circumstances
that court of equity will interfere with
when irreparable wrong is done to
man or when the public is to suffer,
Your honor sees by this act the meat in
spector Is forbidden to engage in any
other business. When he does so, ipso
facto, he forfeits by this act his right to
the office.
Now, they have ample remedy by a
writ of quo warranto to ascertain
whether Adele has violated the law.
| That is the remedy, as contended they
should have resorted to. Or, if they do
not, that we in turn by quo warranto,
may proceed against the man Council
may elect But they propose to turn
out man from one of the most import
ant offices, at the very time it is most
desirable he should exercise his duties.
| If your honor should dismiss the
| whole matter and Council should turn
| Mr.. Adele out and elect another, then
there would be no course for us to pursue
| but for Adele to perform the duties OF
the office without pay and then compel
City Council by mandamus to pay hun.
But see how it would leave Adele! He
could not go into any other business.
1t would leave the city under conflict
of authority. X,
The Board of Health and the clerk Of
the market have looked alter the meat
inspection. But now they do not as q
special officer has been appointed by
the State. Two meat inspectors would
probably be at variance and meat sellers
would not know what to do. The pub
lie interests would be greatly imperillet
and at the very season of the year wher
the trouble would be greatest to thu
public.
Mr.. Biggs then proceeded to cite de
cisions in favor OF his contention.
WILL HEAR THE WHOLE CASE.
Following the close OF the citation o
authorities by Mr.. Biggs, the Chancella
announced a recess to 2 p. m. In doing
80, he threw out some suggestions as K
the propriety of City Councils refrain
ing from taking any action in the matte
at present, and then the whole cas-
might be taken up at next term of su
perior court, at which time, If Council
had cause for action in removing MI
Abele, there would be court in session
when a mandamus could be obtained
for an investigation with celebrity, as tn
} case may demand, and whereby tn
public would not suffer. 1t would b
understood that meanwhile Mr.. Abel
should continue in Office as before, A
the time referred to the whole question
could be argued on its merits, an
: thereby without any serious injury t
! public matters. 10y,
; Here Mr.. Curtis arose and asserted
very definite question as to the Char
: cellor's jurisdiction in the premises.
; Chancellor Wolcott followed with a
1 expression of his determination to hea
the whole case, including the testimon
of witnesses.