Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-12-26
DlRtCToaCARTER MAKES HIS ANSWER

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Says That His oficiai Bond Tor $50, 900
Was Duly Executed, Duly Approved and
Duly Given to City Treasurer.
Street and Sewer Director James d.
Carter made his answer to the Superior
Court today, In the rnHudanlus pro
ceedings 10 require him, as we'll as
Directors Patrick Fnhey and Ayers S.
Webster, to give an official bond for
$50, 600 in place OF the bond once given
by him, but now missing. His answer
in q word, was that he gave bond and
that 1t was deposited with the city
treasurer The court held his answer
to be conclusive, and II looks as il the
Citizens Committee will have to make
some other movement, for, SO far as
learned, the bond is not 10 the city's
strong box.
MR. cARTER's ANSWER.
Mr.. Carter's answer was as follows:
To the Honorable the Judges of the Su-
perior Court OF tho State of Delaware, in
and for New Castle County:
james u. Carter OF the city of Whining
ton, New Castle county and State OF Della
ware, for return to the writ OF alternative
mandalnus heretofore issued by this court
against him In the above cause, says:
l. He believes TINT what is coEtaired in
the first paragraph Of the said writ is true,
excepting that he is not informed as TO the
Interest OF the said petitioners In the execu-
tion of the laws OF the State OF Delaware.
(The paragraph referred to averred that the
petitioners were citizens ana taxpayers and
as such interested 10 the execution of the
laws.l
2. That what Is contained In the second
paragraph of the SAID writ is true. f1he
f,pr IN tn &c tha INT
ment OF MIR. Carter.)
8. For what Is contained in the third
paragraph OF the said writ, he says that
Immediately upon his appointment as a
member OF the Board oil Directors of the
Street and Sewer department OF the city Of
Wilmington, together with Andrew L. John
son ana Robert W. 1adman, he went before
the Hon. j. Frank Ball, then the city judge
Ut the city of Wilmington, and that then
and there the said city judge duly approved
OF the said Andrew L. johnson and Robert
w. Tadlnan as sureties upon certain bond
to the Mayor and Council of Wilmington in
the sum OF $4,000, the condition of which
bond was that IL he should in all things
comply with the provisions of the act of the
General Assembly entitled IAN act creating
the Board of Directors of the Street and
Sewer Department, being chapter 1888, Vol.
XVIII. Laws OF Delaware, and should faith
fully execute the trusts confded to him, that
then tie said bond should be VOID, otherwise
to remain IN full force and virtue; that there
was subjoined TO said bond a warrant of at
torney to confess Judgment thereon; that
the said bond was prepared by Henry q.
Conrad, ESQ.,, then city solicitor of the city
of Wilmington. and when executed by him,
the said James ID. Carter, together with the
said Andrew L. johnson and Robert w.
Tadman as sureties, was duly approved by
the said city judge, which said bond was in
all things 10 conformity with the pro.
visions OF section IL of the said act that
thereafter the said bond and warrant of at.
torDey thereto annexed were filed in the office
of William Fl. Curry, who was then and
there the city treasurer of the said city oil
Wilmington. And the said James ID. Garter
denies that he did not furnish the said bond
with sureties as provided by law, but on the
contrary thereof alleges that the said bond
was made approved and filed as provided bJ
law. Nl8
And this respondent trays that such orde,
may be made In the premises as is Lawful
and right, and that he may be hence dis
missed with his reasonable costs most wrong
fully sustained. James ID. Carter.
william $. Hilles, for respondent
After the answer had been read, Mr..
Whitemau said it raised question ol
fact. Tho court made no order in tbs
case. i ;s..