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

the Application Tor an ip1hnotion To
Restrain the City Council From Inves-
tigating Charges Against Meat Inspec-
tor ABele- 1.-THE City Solicitor Raises the
Question of No Jurisdiction.
Chancellor Woloott was punctually on
hand at 10 o'clock this morning to hear
the important Adele injunction case. He
sat in the Levy Court chamber.
City Solicitor George A. Elliott appeared
for City Council and ex-City Solicitor
Curtis was also present. For the lniune-
ton appeared John Biggs and William I.
Lyman. Meat Inspector George Adele
was an interested witness of the proceed
ings.
As far as can be gathered there is no
definite change in the position tnken by
counsel. One Of the main points taken by
City Solicitor Elliott, as is understood, is
the claim made that City Council has posi-
tive authority to inquire and ascertain the
truth Of charges and then to act in the
direction of suspending or dscharging the
officer, if the evidence disclose the charges
Among minor matters transacted were
the following:
The petition presented by W. Michael
Byrne for Clayton S. Collins, administra-
tor of Edward B. Collins, for the purpose
of selling lands TO pay debts was granted
by Chancellor Wolcott this morning.
widow of J. M. Appleton of st. Georges
hundred, waving dover and electing to
accept proceeds of sale was presented by
| Harry Emmons.
Argument was made in the Dillin case.
| Action here was brought by William
Candy. trustee under the will Of Mar
garet Martin, deceased asking for con-
struction of the will as to ultimate dis
| posal of the property. IL involves a ques-
ton of the disposition of sum of $4,000,
trust fund for Mrs. Mary NJ. Dillin Of
this city. who died last January. Q.
Warner Smith represents the trustee.
Lilburne Chandler appeared for J. G.
Dillin and adult heirs. Francis Walker
appeared as guardian, ad Item, for the
infant heir and Colonel Nields for the
Equitable Guarantee and Trust Company
general trustees for the heirs.
Argument in the Dillon case did not
close until 1.30 F. IN. The Chancellor re-
served decision.
THE ADELE PosTpoYEMENT.
Adjournment was made at little before
Up M. The Chancellor announced that hs
would inform counsel as to date OF hearing
after conference with Register Ferguson
1t will probably be some day next week.
Senator Gray was in the court soi
chancery this morning. The weather was
so warm in the chamber that every dool
and window was thrown open.
In the Court of Chancery yesterday
City Solicitor Elliott and Charles NJ
Curtis were present for the city ant
Messrs. Biggs and Lyman for Inspector
Adele. In opening the case befor,
Chancellor Wolcott, City Solicitor Elliot
informed the Chancellor that he hat
asked the aid OF ex-City Solicitor Charlie
M. Curtis, during whose official connec
ton with the city the case had arisen.
Mr.. Elliott cited number of Gaze
supporting his argument that the pres
emit suit belongs to the common Law
courts. He cited decision OF tn
United States Supreme Court that
court of equity has no jurisdiction 0
interference in regardfto corporate Off
GERS. MIR. Elliott Claimed that tn
remedy is by quo 'warranto or man
damus.
] The Chancellor inquired of MI
/ Elliott as to the effect if Mr.. Adele wa
removed and another person put in hi
place by Council. Surprising then tw
incumbents carried on the office, woul
. not that affect the public welfareP
Mr.. Elliott-"In that case the publ
. would be only too well cared for Their
} would be double inspection"
The Chancellor-"Would the met
sellers have respect for the office
Would the Councils appuintee or M
Adele be respected? As I understan
|, II this court adjudge there is no juri
diction here there would be two officer
! Mr.. Adele would continue understan
T would apply to the superior court fC
Z his recognition and pay?"l .
Mr. 'Ri0oe--.ttNac ur,ur honor that
{ the position that will follow
4 The Chancellor-"As I understand
4 this office is to condemn the sale of ba
meats, police power of the State"
o 1t would seem from this thN Il
l. Chancellor has in mind the effect On ii
public Of the existence of two meat II
speetors, and whether such a conditio
would not defeat the intent of the la,
D Their rivalry may defeat the law, al
Is the health of the city is imperilled ,whic
e is the point to which the enactment az
l. dressed itself.
e Mr.. Elliott thought that the conden
4 nation of meat by the inspector,
v facto, would be proper and authorit
e tive.
W THE LEGAL POSITION.
lie The position taken by City Solicit
Elliott is substantially found in Il
third and the two closing paragraphs
A the city's answer. These are;
Z These defendants do not admit Il
ID truth of the allegations, &C., &C., al
L. the answer thereto aver that charg
s. were preferred to the said "the Council
!. by sundry reputable and resppnsit
citizens, charging the said piainti
George Adele, had violated the pi
visions of the act " passed
A. Dover, May ID, 1893, in that the sa
in George Adele had been engaged in 9th
er business or trade while serving as
ed spector of meats, to wit; in the bu
Ie- ness or trade of buying and self
et meats.
These defendants do not admit, b
on the contrary, deny the truth OF
,al allegations that it is the purpose of
a said Council, without any author
adj whatever TO declare the office Of m,
re inspector vacant--and do aver Il
as George Adele having been duly Great
CHI an officer of the city Of WIlmingt
IN. and charges having been preferred
Council that Adele has violated the p
:, visions, &C., it became the duty
~ Council to investigate the charges, VIII
lr-s duty these defendants are advised a
N. do believe they have full authority a
lie, power to perform, and to remove a
suspend him, should the evidence
sufficient to sustain the charge.
m The defendants are advised and
iu- lieVe that this honorable court is wi
out Jurisdiction in the premises, and
~ complainant has full, adequate and &C
nd nd plete remedy in the courts of law
~ This State -