Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-07-04
THE ASSISTANT CITY SOLICITOR.

Philip l.. Garrett Presented in City Court,
But Dir. Adams Was Not There and the
Judge Reserves His Decision.
Contrary to expectation, Judge
Chnrehnan did not recognize Philip L.
Garrett as the assistant oity solicitor,
ia the City Court Monday. Mr..
Garrett was presented to him by David
j. Reiuhardt, the new city solicitor,
but Samuel s. Adams. Jr,, who was
elected assistant city solicitor by City
Council, was not there, and after the
usual fosmalities had been gone
through With the Judge announced that
be would reserve his decision until MIR.
Adams could have an opportunity to be
hsnrd. Meanwhile, Mr.. Adams was
taking things as cool as possible at his
law Office.
Immediately after court opened Mr..
Reithardt announced that he had APP
pointed Mr.. Garrett assistant city solici-
tor and read the following communica-
tion on the subject, which he had
written to MIR. Garrett, being, virtu.
ally, tho commission;
Wilmington DEL, June Goth, 19O1.-Phillp
L. Garretr, Eco, City-Dear Sir: hereby
notify you that have this day appointed
you 70 the office Of assistant city solicitor
office commences IN Monday, July Lat, and
hereby request you to attend the Municipal
Court of this city, commencing on that date,
and represent me there In the performance
of my duties In said court. And further
request YOU In general to assist me, in oil
legal matters pertaining to the city OF W.T.
nington during my term of Office. Yours
truly, ID. j. Reinhardt.
After reading the letter Mr.. Rein
.hArdl informed the court that he had
not requested Samuel s. Adams, Jr.,
an alleged claimant to the Office, to
reprenent him in the court or any where
else and had no intention OF doing so.
The following affirmation, taken by Mr..
Garrett, was read, at the request Of Mr.
Reinhardt. by Clerk Harry r. Joslyn:
|, Philip L. usrrett DO solsmnly, truly
and sincerely declare and affirm that ! will
SUPPORT the Constitution OF the United States
and the Constitution of the State OF Della
ware, and that will faithfully discharge the
duties Of the Office OF assisant city solicitor
of the city OF Wilmington, according to the
best of my ability. So ! affirm. 60.
| Affirmed and subscribed before me this
10th day of June. A. d., 1901.
| George II. Hollis, Notary Public.
Judge Ohurohman read tho following
letter, which he had received from Mr.
| Reinnardt:
| Wilmington, Dell, July 1st, 1901. Hon.
Philip Q. -Churchman, judge # the Munich
| pal Court of the City OF Neutrality-suspicious.
Sir:.I hereby notify you that l have APP
4 pointed Philip i. Garrett, ESQ.,, to be as
! sistaIt city solicitor during my term of
oiflce as city solicitor. commencing this
day. In accordance with the provisions of
the act creating the Office Of assistant CITY
solicitor, have requested Mr.. Garrett to
| assist me in che performance of my duties
| in the Municipal Court and to represent me
there In my absence. further notify you
that have not requested Mr.. Samuel s.
| Adams. Jr., to assist me in any matters, nor
TO represent me at any time or place as
assistant city solicitor, for the reason that l
believe mis- alleged election as assistant city
| solicitor to be Illegal and void.
| Very respectfully,
| Duvid ]. Reinhardt, City Solicitor. :
After reading the letter the judge
announced that he would not give his
decision until MIR. Adams could have
an opportunity 10 be heard. Accord
ingly, Mr.. Reinhardt conducted the
prosecutions before the court himsolf.
Mr.. Garrett was in attendance aud sat
beside him. but took no part in the
proceedings. The official papers were
ordered filed by Judge Churchman.
After the adjournment of court
| Samuel y. Adams, VINO was appointed
assistant city solicitor by CitysOounoil,
was asxsd what course he intendedotb
puEsue. lie said he would do nothing
unless requested to do so by the city
solicitor. the law requiring him to act
only at the city solicitors request. AT
the end of the month Council will pay
him the salary, Unless enjoined by the
court, and the matter will be taken to
l a l. ~,
may take mandamus proceedings to
compel Council to pay him tho salary.
This will result in judicial decision
which will determine whether Mr..
Adams or MIR. Garrett 10 the legal as
sistant city solicitor. In the mean
time, either Mr.. Reinhardt or Mr..
Garrett will peform the iduties Of the
office The work will devolve upon Mr..
Reinhardt unless Judge Churohmhn
recognizes Mr. Garrett as the assistant
city solicitor.