Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-03-30
EDWARDS WINS FROM PILOT BOARD.

Important Decis,ons IN Superior Court
Trial of anderson VS.. City Damage Case
begun.
BY agreement of counsel. the case of
Richard Gear VS.. the Philadelphia,
Wilmington & Baltimore Railroad Co.,
set for trial last Monday, has been
continued until the May term.
By order of the court, the case of
Wilcox VS.. the Wilmington City Rail
way Co. has been continued until May
sth, and the court will come back for
that trial.
Argument was heard Wednesday for
new trial in the case of John Greer VS..
the Arlington Mills Manufacturing &c.
The court refused the motion.
Chief Justice Lore on Tuesday
read the opinion OF the Superior Court
in the case of William S. Edwards, Jr.,
vs. the Board OF Pilot Commissioners,
an application for writ of mandamus
to compel the board to register Ed
wards as a Delaware Bay and River
pilot apprentice as of November 7th,
1899, and to use such registration to
determine his seniority among the ap-
prentices for the purpose of issuing to
him pilots license when he shall be
entitled TO license. The law provides
that there shall be 40 pilots and the
senior apprentice, who has seen six
years Of service, is entitled to be ele-
waited to the position when a vacancy
occurs.
The single issue in tho case was
whether or not the board had the
right to adopt the rules under which it
had refused to register Edwards on
hn Il 70 h,l 80
him as of May 4th, 1896. The court
held that the board had no authority
over apprentices, except as provided
by law, and that the rules set up by
the respondents as a justification for
their refusal to accept and register the
indenture of apprenticeship, were
adopted without warrant of law are
void, in so far as they impose con-
ditions and limitations other than those
| named in the statute, and are incon-
sistent with the rights and privileges
| OF master and apprentice properly
| growing out of the relation under the
laws of this State.
Had the board registered Edwards
when he applied he would have been
ready to receive pilots license No
vember 7th, 1898, instead Of May 4th,
1902, as under the pilot boards action.
The court held that manifestly the
relator was entitled to the relief prayed
for. The writ Of peremptory mandamus
was ordered issued in pursuance of the
prayer of Edwards, the relator.
| Edwards was represented by II. II.
Ward and the board by j. Harvey
Whiteman.
RETURN QuAsHEp.
Judge James Pepnewill read the
opinion of the court on the application
to quash the return in the case Of
Daniel p. Hamilton VS.. Hiram Crane
Lodge of Free and Accepted Masons.
Hamilton was suspended and subse
quently expelled by the lodge. He ap
piled for writ OF mandamus to compe
the lodge to reinstate him. The lodge
in its answer, set forth that the reason;
for his expulsion were in accordance
with the constitution and By laws
Hamilton's counsel object TO this re
turn on the ground that it did no
state reasons fully, not quoting tn,
constitution and by laws. The cour
held that failing TO do this the re
spondent's counsel had not given tn,
court sufficient information to pass
Judgment on tho legality of the ex
pulsion. Permission was given to amend
the return. Hamilton was represented
by Hoifecker, Hoffecker and Wales
and the lodge by Vandegrift and Curtis
THE ANDERSON DAMAGE CASE.
The $4,000 damage case of Georg
V. Anderson VS.. the Mayor and Coun
Gil of Wilmington was begun before
special jury Tuesday morning. Anderson
was represented by Benjamin and Johi
P. Nields, and the city, by City So
licitor Henry 9. Conrad and Assistan
City Solicitor Medlord ii. Cahoon
The following jury is hearing the case
Il. Hearn, james Webster, Arban
Palmer, W. E. Husbands, Mortime
Records, Nehemiah T. Davis, Josepl
Derrickson, W. Nj. Householder, Clay
ton M. Riley and Thomas G. Bird
The plaintiff challenged Clarence Z
Pool. Elias N. Moore and George M
ID. Hart, and the defendant challenges
,, Joseph p. Chandler, Alonzo s. Whit
took and w. H. Steel.
The accident for which Anderso
seeks to recover occurred on May 18th
1893, on Third street, between Jetfer
} son and Madison. Two wires had bee
! stretched across Third street, to pre-
, vent traffic past the house of Stat
: Detective Bernard j. Money, who wa
then i'll and confined to his bed. Andei
son, who is u laundryman, was ridin
: his bicycle, carrying on his handl
bar a package containing a shirt an
two collars. At Third and jefferson
farm wagon got in his way and b
: had TO ride around it and also to avoi
/, n party of school children. Then h
rode into the wire, which was nea
/, Parrish street, and was thrown froi
his wheel, striking ON his shoulder,
bone of which was brokon. He wa
: bruised on the face.
. Recovering from his temperate
;. dazed condition, he rode on, but h
arm felt like it was broken. He WI
able, however, to deliver his bund
4 on Banning street. The next day /
q went under treatment for his should,
: and was confined to his house for 81
4 weeks. The injury has affected h
nerves and interferes with his slee
4 1t panied him while on the stand.
II Generd leave to amend was granite
/. in the case of Weldin VS.. the P., W.
e b. Railroad Co. In tho case of Bau
n vs.. Daniel Cush, Judgment was co
.e fessed in favor of the defendant
J. S27. Judgment for want of IA plea W
10 granted in the case Of Internos Man
10 featuring Co. VS.. Pierce. A rule
l. inquisition was granted in the case
" ID. II. Wells vs.. q. W. West.
When the Anderson case was I
sumed Drs. Ogle, Winner and Palm
- testified concerning the injuries.
II Mrs Anderson, wife of the plainti