Delaware gazette and state journal., 1897-07-15
OXY-HYDRoG:N CASE.
Application TO Nave 1t ReInstated on tho
Regular Docket.


Regular Docket.
Austin Harrington. as one OF the
solicitors for the respondents In the
case Of the city against the Oxy Hydro
gen Co., appeared before Chancellor
Nicholson at tho Court House yesterday
morning, and presented pstition AJAX
ing thar the case be reinstated on the
regular docket. ii. ii. Ward OF this
city and q. Berkeley Taylor of Philn
hophia. the other solicitors for the re-
spondents, joined in the petition.
The title OF the case la as follows;
The Mayor and Council of Wilmington, a
Municipal Corporation of the State of Della
ware the instance Of Joseph Il. Carpenter
.lr.. J. Newlin Gawthrop and Samuel Cham
bers, the Board of Directors of the Street
and Sewer Department for the said city of
Wilmington VS.. John Edward Addicks, John
g. Baker. Frederick =. Addicks, Simon u.
Conde and Samuel Austin. defendants
Tho paper sets forth that John G.
Baker, one of the defendants named,
lied January 2sth, 1895. The hill in
the cause was filed in the court OF chan.
Gerry April I'd, 1891, and upon the same
day preliminary injunction was
granted by the late Chancellor Willard
Salisbury. the complainant entering
unto bond to the State for $40. 600.
On May 9th, 1891, the defendants
were summoned to appear and make
answer to the bill. On May 4th, 1891,
Chancellor Salisbury, upon applica.
tion made on behalf of defendants,
granted a rule upon the complainant to
appear before him at Dover on May
llth and show cause why the hill
should not be dism issed for alleged in-
formalty and irreguarity. On May
9th, after bearing on that rule, 1t
was discharged, and the preliminary
injunction was continued until further
order of the Chancellor, and leave was
granted to amend the bill in the title.
The amendments we're filed June 9th,
1891.
Tho petition further sets forth that
after the death Of Chancellor Willard
Salisbury. Hon. James L. Wolcott was
appointed Chancellor; that owing to
the fact that Chancellor Wolcott had
been Of counsel for one OF said defend
ants, Henry r. johnson, ESQ.,. mem
ber Of the Kent county bar. Delaware.
was duly appointed Chancellor ad liten
in the above entitled cause. F"
On June 2Sth. 1893, the defendants
filed demurrer which was overruleo
November Gath, 1893 On January 30th,
1894, rertuin pleas and answer in sup
port of them were filed by the defend
ants. On March 14th, 1894, the com
plainant filed replications gratis and ;
rule for commission On both sides en-
tered, Samuel A. Macalister being ap
pointed examiner to take testimony.
On December Sd. 1891. the commission
with the testimony taken hereunder
was returned to the court.
On September 14th, 1894, argument
was had before the Chancellor ad litem,
upon the bill. pleas, answer and testi
mony filed in the cause, and since ther
no decision has been rendered by him
the papers still remaining 10 his hand
The petition declares that tb,
opinion prevails that the Office ant
duties of the said Chancellor ad liteu
have heen abolished by the Constitu
tion Of the Stnte of Delaware, receutl,
adopted.
THAT there is no legal or equitable
reason why the present Chancellor
should not take cognizance of sale
cause, and no legal or constitutions
reason why the said Henry n. Johnson
ESQ.,. or any other person should be ap
pointed for the further consideration o
the said cause.
"Your petitioners therefore pray tina
your honor may issue such rules o
make such orders as may be necessar,
to reinstate the said Gauss upon thu
regular docket of tbesaourt of chancery
aud may appoint day for tho rehear
ing OF tho said cause by the Chancellor
of the state Of Delaware.
After hearing the petition, the Chan
cellor reserved decision. but is expected
to give his opinion by tomorrow.