Evening journal., 1897-07-14
A UNIQUE QUESTION.
New Move for the Relief Of
Oxy-Hydrogen.
oHANoELLOR's EARLY DECISION

hhhL1 DhUlSlON
ADDICKS AND OTHERS INTEREST
ED ANXIOUS TO GET THE CASE
OUT OF THE HANDS or CHAN
CELLOR AID LITEM JOHNSON AND
ON THE REGULAR DOCKET OF
CHANCERY.
The injunction case OF the Mayor and
Council of Wilmington VS.. the Oxy-
Hydrogen Company. OF which j. Ed
ward Addicks is president. took a new
turn in the Court of Chancery this
morning. If the movement is success
ful Il will result in removing the case
from the hands Of Chancellor Ad Litem
Henry II. Johnson. and placing It in the
hands OF Chancellor Nicholson for ad-
iudication. Ii has been a bone of con-
tention for several years. Chancellor
Salisbury first had il and died before
he had rendered a decision. Chancel-
lor Wolcott could not take IL because
he had, previous to his elevation to the
bench, been attorney for Mr.. Addicks.
and Mr.. Johnson, as chancellor ad
litem, has had the case under considera-
tion for several years.
This morning ex-MayOr Austin Har-
rington and Herbert H. Ward, of the
New Castle bar. and G. Berkeley Taylor.
of the Philadelphia bar solicitors for
the Hydrogen Company presented
to Chancellor Nicholson a petition in
behalf OF the company. The petition set
forth Joseph l.. Carpenter, Jr.. and his
associates on the Board Of Street and
Sewer Directors, as the complainants,
and j. Edward Addicks. John G.. Baker
Frederick =. Addicks. Simon b. Conde
and Samuel Austin as tho defendants.
II stated that in 1891 a bill was filed by
the city TO prevent the company from
opening the streets of Wilmington and
| laying pipes therein under its charter
| The petition then goes on and sets forth
all the stages of the case from the filing
of the bill to the present time including
! the arguments, the pleas and demurrers
and the detailed moves on both sides
up to the time OF the death of Chancel
lor salisbury. IL sets forth that OF
September IL, 1894, before Chancellor
Ad Litem Johnson argument was ha1
upon the bill, and that from then to Tho
present time, no decision has been ren
dered, and that the papers in the cas'
still remain in his hands
The petition declares that the new
Constitution abolishes the office o
chancellor ad litem, and that there !
no legal or equitable reason why tn
present chancellor shall not take cog
nizanoe of the case instead of the chan
cellor ad litem, and make such order
, and rules as may be necessary to rein
state the case upon the regular docke
of the Court of Chancery and TO hay
a rehearing OF the case. The chancellc
Z was asked TO grant a rule calling upo
{ the city to show cause why this shoul
not be done.
The chancellor stated that the pet
tion presented a unique question, an
: that he would not render decisio
, then. but would do so before he LEI
! town on Friday.
He and Judge Spruance then proceed
p cd to hear testimony bearing upon tn
exceptions filed in the Orphans Coul
by Colonel Samuel A. Macallister in th
] case OF John Robinson VS.. the admins
traitor of Henry l.. Wood, deceased
Col. benjamin Nields represented tn
administration, who applied all OF th
! money arising from the sale to tn
liquidation Of one judgment This cas-
was still on when the time for the moo
= recess arrived.