Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-07-20
THE INJUNCTION REFUSED.
Chancellor Wolcott Says Adele
Must Resort to Another Court.


should City Council Eject Him He Has
Recourse in the Courts by Mandamus
or by writ OF Quo warranto.
AT the opening of the Adele in
junction case before the Chancellor
yesterday afternoon week MIR. Biggs ex-
pressed his desire of seeing the case
thoroughly gone into. He would be
glad to see testimony taken by COM
mission so that what the definite charges
against MIR. Adele are may be clearly |
shown by witnesses.
Mr.. Elliott said he had delayed filing |
his answer until he had got q ruling from
the Chancellor on the point of jurisdic-
ton.
Mr.. Curtis, in speaking on the ques-
tlon of jurisdiction, said that in the
present suit there is no property con.
cerned. II is one where there are 70
allegations that irremediable damage
to private citizens or to the public is
possible. Whether public business will
be affected in the future is a matter OF
speculation. Adele has o full remedy
| in the courts of the State.
1t is without precedent in the courts
| of the State that an injunction be
| granted when there is full and adequate
remedy obtainable elsewhere. We claim
that the City Council has the right to
try and determine the case in hand. MIR.
Curtis maintained that the truth or
falsity of the evidence and testimony in
the case is perfectly immaterial to the
court at this moment.
Following further argument by MI.
Curtis, Mr.. Biggs stated there existed
some difficulty in regard to the position
held by counsel for the city. He (Mr.
Biggs) and his colleague, Mr.. Lyman,
would be glad to see their answer filed
in order that they may know upon what
ground to stand. Without being in
formed on the exact issues comprised in
, the answer it would be difficult to reply.
Chancellor Wolcott gave an order that
, the city file its answer.
Adjournment was made at 4 p. m.
In the court of chancery, Saturday,
Chancellor Wolcott gave his decision in
the Adele injunction case. 1t was to refuse
the injunction applied for by Inspector
Abele's counsel.
The Chancellor took his seat in the court
of chancery promptly at 10 O'Clock, this
morning.
There was quite large attendance of
, counsel and citizens interested in the out
r come of the question.
J: "Is MIR. Biggs here ?" the Chancellor in
+ quired. .r ~
o Lyman, toe colleague OF Mr.. Blggs, oil
t counsel for Adele.
| The Chancellor: "Well, l am ready to
g dispose OF that case in a very brief way"
y INJUNCTION REFUSED.
u The Chancellor then proceeded to thu
y following effect: In the case of Abel
= against the Council of the city of Viii
? mington asking for an injunction to re
,. strain Council from expelling the com
y piainant the bill alleges that Adele wa
y appointed by an act OF Assembly creating
- the office and requiring that he shout!
abstain from carrying on any other bust
= ness. The allegation is that he has violates
y the statute in regard to this last point
u The answer in some respects, is rather
= unique kind of document combining boil
w answer and demurrer.
!, : think the law in this State is too wei
=, settled on the question of equity jurisdit
40 ton. Ii the complainant has adequat
=, remedy at law he must resort to sue
- remedy in order to enforce and establis
his rights. Therefore legal forum is th
proper one to try this question.
There are various ways in which tn
10 complainant can do this in court of Law
1t is simply rule of law and the reason
mi are too obvious to comment upon in givin
10. decision here.
.rs COURSE INDICATED.
us MS If Mr.. Adele is arbitrarily removed frol
tie office by City Council he has his remed
ay by mandamus or quo warranto.
ne Therefore, / will dismiss this rule
~ show cause why the preliminary injun
ee ton should not be granted.
IN The respondents have elected to star
100 on the ground of lack of jurisdiction
this court, and the settlement of the que
ION ton disposes of it.
ate The Chancellor then proceeded to s,
aer that these grounds he refuses to grant II
m. preliminary injunction as prayed for, al
the to remit the parties to the legal court
the where the remedy is obtainable.
WHAT WILL FOLLOW.
&C. II is understood that counsel for Me
he Inspector Adele will now await whatev
I'M action City Council may take in the matt
u. and be ready immediately to move I
"a "a cordingly.