The sun., 1900-03-30
CITY MAY SUE FOR BACK RENT
City Market House Con pany
Must Pay up by April
10, Next.
OPINION FROM CITY SOLICITOR
The Company Has Not Been Paying
Rent For Two Years. as They
Demand That $9sSS5 Paid
as County Taxes be Re-
funded to Them.

The Finance Committee of City Coun-
Gil has for some time past been consider
ing the matter oil taking active steps to
compel the City Market House Company
to pay two years back rent for the city
property occupied or Second street with
its market house, about 81 900 being
due. The company refused to pay on
the ground that it had bten compelled
to pay county tax on the grounds and
building, for which they claimed they
ought not to have been liable They
wanted City Council to refund the tax so
paid.
The Finance Committee referred the
matter to the city solicitor, who has now
given them an opinion in the matter.
The opinion was formally presented to
Council at its meeting last evening by
James Kane, chairman of the Finance
Committee.
The opinion was as follows:
"Hon. Jan es Kane,
Chairman OF the finance Committee Of
Of the Council:
''Dear Sir
81 am uf the opinion that the Mayor
and Council Of Wilmir gton are not
| legally liable for the amount which the
|
have paid as county taxes from 1879 tG
1897 and | therefore advise that the
amount so paid be not refunded as re.
uuested in the communication from the
CITY Market House Company to youl
BODY under date Of April II, 1898"
Yours respectfully,
''IIenry 6 Conrad,
Il ''City Solicitor
4 The communication, which had beer
received flom the City Market Hous'
Company nearly two years ago, was a
. follows:
''To the Honorable Mayor and Council
of Wilmington
"Gentlemen. We, the undersigne
! officers of the City Market House Com
!, pany, having for number of years bee
( compelled to pay county tax on tn
!. grounds and building known as the cit
. market and rented from your honorab
< body, are advised by our attorney thf
!. we are not liable for county tax on sal
. remi es and herewith present a list {
K taxes paid and ask that they be refunded
3 hoping this will nsaeJ your approval. "
: are yours, etc,.
X John Gibbons, President.
y s'John Wallsnlith, Vice President.
: .DAil ii. MedilI, Secretary.
X "a. {. Gavery, Treasurer.
y Attached to the communication was
. bill dated April II, 1898 and states til
y the Mayor and Council OF Wilmington
- debtofto the city market house compal
to the amount of county tax paid by 7
x company from 1878 to date. Then Il
y lows an itemized account OF the pa
20 mpnts made TO the various tax receiv,
-E the last being on January 81, 1888 to
e G Rettew the amount being $63 l
= total amount c aimed was $9SS 50
On motion vi MIR. Kane the co
munication was received and flied.
then presented the foiluwii 6 resolutiC
TC "Resolved, That the city auditor
W. and h /. is he eby directed 10 notify /
;, City Market House Company lh II uni
:" the amount of rel n " in arrears uaC
its agreement With the Mayor n Coz
Gil of Wilmington dated the 29th day
), MAY, A. ID. 1895, is fully pail by I
ie- tenth dav OF April next, the matter v
", be placed in the hands Vi the city soil
10 tor with instructions To take such lei
M steps as may be necessary to collect /
oh same"
m The resolution was unanimou
az. adopted. Suit will likely be initituted
Iet case the company does not now pay |
ase Councilmen are Of the opinion that
ne the company really paid tax it was
rs liable for, then that was mat
on between them and the Levy Court.
property is OF course not liable for coul
en- tax. The market house itself is howe
iol taxable.