Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-02-08

The investigation by the joint COM
mttee of the City Council and the
Board of Park Commissioners of rumors
respecting the purchase Of two lots of
land, bordering on Wawaset street from
Adams to Van Buren,, was concluded
Tuesday afternoon and resulted in the
oXoneration of Park Commissioners
Candy and Mention.
Mr.. Spruanco, counsel for Mcssrs.
Candy and Mention, announced that if
the other side did not call witnesses to
testify concerning the value of the lots
he would not produce more evidence on
that point
Mayor Shortlijge stated that he had
not summoned any witnesses. Men had
volunteered to testify on that point, but
they were not present.
Mr.. Benson, late president of the City
Council, was asked to tell what lie knew
about the purchase. lie testified sub
stantially as follows: | was president
Of the City Council from July let, 1891,
to June Both, 1893, AS president of the
| Council | was eX-otficio member of
the Park Commission, as was also Mr..
| Cotton, who was chairman of the Couh.
ellis finance committee. am perfectly
familiar with the purchase Of the two
lots. The matter first came to my
knowledge at a meeting of the commits
sion. My general impression was that
the commission should have the prop.
erty. There was possibility oft being
sold. The matter was talked over
between Messrs. Candy, Mention and
Cotton and myself. We thought the
Council ought to purchase the lots,
but it was not in position to
buy them. Mr.. Cotton and l talked
tho matter over with members of the
Council and they came to the conclu-
sion that the Council ought to secure
tho lots when the proper time came.
The understanding was that Messrs.
Candy and Mention were to purchase
them and the Council, when 1t had the
money, was to pay for them and also
pay the interest. was perfectly salts.
fled that everything was right and so
was Mr.. Thomas, who succeeded Mr..
Cotton as chairman Of the finance COM
nittee. After the lots had been pur.
chased about 10 members of the Council
went and viewed them. Subsequently
the ordinance for their purchase was
passed by, l think, vote of II to 9.
was told there was danger of the lots
being sold TO other parties for building
purposes. Messrs. Candy and Mention
had the Park Commission back of them
in the purchase. A sufficient number
of the members Of the Council ex-
pressed willingness for the Council
to pay when it had the funds.
The understanding was that the
Council, when 1t was in shape to pay
for the lots, was to take them off Messrs.
Canby's and Mentions hands. The tax
rate had not been made sufficiently high
and deficit existed. The Council did
not officially authorize the purchase. In
view of the present circumstances il
would have been better for the Council
to have passed the purchase ordinance
prior to making the appropriations The
Council could not make an appropria,
ton for the purchase because the ordi.
nance for the purchase had not been
passed. Mr. Thomas was hostile to the
ordinance and kept it back some time.
With Mr.. Benson's evidence the testi
mony closed.
In summing up Mr.. Spruance said in
part:
Investigations of this character, involv
, are, and should always be. based upon i
specific charge of misconduct or statement
OF the subject of investigation, so that the
parties whose action is questioned MAY
know what they are to be called upon e
answer In this case there has been ne
such specific charge or statement.
, The committee has had before it the ora
| testimony of u number of witnesses ant
various written papers From this evidence
II appears that IN the latter part of 1891 o.
. carly part of 1882 the Park Commissioner
+ had matured u plan for park drive.wa,
which would pass over both of th,
Wawaset street lots, viz: Along the north
} erly part of the Thompson lot ant
, dagonalty across the Day lot.
, Both OF these lots were then in Thu
hands of agents for sale, plans for house
Y on the Day lot had been prepared ant
there was reason to believe that both lot
might soon he sold and houses built upOl
them, and thus the difficulty and expens
of their acquisition for park purposes
: would be increased or rendered impossible
| At the invitation of members of tn
! Park Commission several members of TIN
c City Council, and notably Mr.. Benson, tn
O president, and Mr.. Cotton, the Chairman
Of the finance committee, were consulte,
and agreed that the lots should be Securct
: without delay.
: Under these circumstances Messrs. Caub
: and Mention Of the Park Commission Ell
J tered into negotiations which resulted, il
q March, 1872, III the purchase by them o
r these lots for $4,000 and they borrowe
from the Equitable Guarantee and Trus
: Company the money which they paid TO
Ii the same.
r 1t clearly appears from the evidence tina
, this purchase was intended to be for tn
II benefit of the city; that it was made il
absolute good faith and for what was the
considered, and was, in fact, Il fair an
reasonable price.
Subsequent to this various menu bers G
It the Council visited the lots and were IL
formed of the purchase by Messrs, Canb
n and Mention and the amount they ha
n paid for the same.
b Up to this time there was only mora
70 obligation upon the city to purchase thes
= lots, but no legal obligation.
r. The act of March 18th, 1883, Sec.
n city charter, page ll6, provided the onl
.e mode by when land for park purpose
could be acquired, viz; That when
n majority of tine Board OF Park Comm.
n sioners should recommend to the Couuc
m the purchase or acquisition of laIl &c
M park purposes the Council should hay
q power To provide by ordinance for sue
ID purchase, and if the corporation shout
be unable to agree with the owners sal
ed land might be condemned as in case {
n streets
on September 9th. 1892, the Board
Park Commissioners b. resolution recon
mended to the Council the purchase
=, these two lots, which resolution signed b
Us a majority of the board was presented
the Council.
n Although more speedy action was urge
n upon the Council By members of the Par
r. Commission ii was not until June l5tl
he 1855, that the Council took final action
ny when an ordinance was passed, with b,
two dissenting votes, recitIng the recon
mpudatiOn of "A majority or the par. "a,