The Wilmington daily Republican., 1901-10-26
ARGUMENT !.
WAS MADE.
Water Commissioners and
7. 7. WeIdin vs.. May.
or and Council.

The right of the Water Depart
ment to purchase land on which to.
builda rervoir, was argued in spe cial
session OF the Superior Court this
morning. Judges Lore, -Grubb and
Sprilance sitting on the bench. Tho
case grew out Of the failure of Au.
ditor Boughman to sign the check
tor $4,000 drawn by the. Water De.
partment in part pay ment for the
Wefdin property. as a reservoir
site. William S Hilles and J.
Percy Nields represented the De-
partment and Thomas +. Weldin,
and H. H. Ward and Robert G.
Harmau, represented City Council.
In submitting his case stated
which was agreed upon BY coun.
sel Mr.. Nields set out that laws
Of Delaware, Vol. II page 408, Con-
tanned the following provision, rel.
tive to power aud authority Of said
Board 10 purchase real estate for
reservoirs: The City OF Whining
ton isl hereby authorized, through
the agency Of Board Of Water
Commissioners, hereby created. con.
stitu.ed and appointed, and their
successors in office. 10 take, convey
into and throughout said city, the
water Of the Braudyw!ne river
from any point Of said river or
other wholesome water may also
acquire and hold land, real estate
or personal property, necessary
for the constructing aqueducts lay.
ing pipe constructing reservoirs.
erecting buildings and machinery
proper for the said works and for
purifying, conducting. storing aud
distributing such water, and to
purchase. take aDd hold lands and
water-r,ghts for supplying the citi-
zens Ewith good aud wholesome
water.
The said board may acquire for the
city, by contract or otherwise, as
Eerein after provided all such real es.
tate as may be needed lfor Iths con.
struction Of such extended water
works, the title of any real estate so
purchased to be vested in the Mayor
and Council of Wilmington.
In section IA. the Board is ex.
pressly authorized to pay for the
completion and construction OF the
water works out Of the net income.
rents and receipts OF the water
works.
Since the word works or water
works is expressly defined to com.
prehend real estate necessary for
constructing reservoirs, 1t follows
as logical consequence that BY
section ID, The Board is expressly
authorized to pay out of revenues
for the construction OF reservoirs
and for real estate necessary for
said construction.
The briet OF the defandanls set
out that the sole question before
the court for decision, is tie follow
ing: "Cau the Board OF Water
Commissioners, out OF the income.
rent and receipts of the water
works arising under s.c!ion IA. OF
the act creating it, purchase land
ior reservoir:
The city oI Wilmington during
is cxlstence has never had the
power, and it has not the power to
purchase land Tor reservoirs. cx.
cept by virtue Of an express act Of
the Legislature. passed tor that
express purpose. In the year 1919
when the municipality was a bor-
ough corporation. Council could
pass ordinances to maintain and
keep in regular repair pumps and
wells at the public charge.
In 1882 there was new charter
changing the Dor ough to city but
the above provision relating to water
remained the same. ltwiil be MOTTO.
cd here that the Legislature did not
consider that the general power to
erect pumps or any other apparatus
included by implication the power to
purchase the same, for II amends the
old charter So that it would read to
purchase and erect pumps, SC.
The first grant to Wilmington Of
power to provide for the water supply
and the present water.works system.
in the years 1909 to 1883, did not. at
any time whatsoever, have the power
to purchase land for reservoirs. The
city never has purchased land for res.
crvoirs, except by virtue Of Legis.
lativc enactment passed for that pur.
pose. There is but one instance only
in which tile Council had the power to
spend moneys Of the city, In regard
to reservoirs, without permission from
the Legislature and that is a case Of
a calamity, caused by the walls Of the
reservoir breaking. In case Of their
kind Council is given power to borrow
money to put the reservoir back In
safe condition, bnt even in this case
1t requires three.fourths vote Of
that body. Much authority was used
on both sides. The decision of the
court was Withheld.