Evening journal., 1901-09-27
COUNCIL HAS
DECLARED WAR
Checks Of The Water Depart
meRt Held Up
WILL CONSULT MIR. REINHARDT
Land Purchased for The New ReSpr-
VOir Sitt at a Cost Of
$4,000
WILL CONSULT Mr.. REINHARDT

Because of the purchase OF tract OF
land in Brandywine hundred by the Wa
ter Department for $42, 200 on which TO
construct a reservoir, City Council has
declared war against that body that will
be waged to the bitter end
At a special meeting held by the Water
Commissioners yesterday afternoon the
body entered into and signed an agree
ment with William II. Weldin for the
purchase OF his S9-acre farm in Brandy
wine hundred. to be taken possession of
on March 20, 1902 Mr.. Weldin and his
wife We're present at the meeting and
City Solicitor Reinhardt having reported
that the title TO the property was clear,
the agreement was at once drawn up and
signed with the understanding that
$4,000 should be paid at once and that
the remainder, $S2,0OO should be paid on
December "a
After the adjournment Of the meeting
Alfred Belts. president Of the Water
Board. issued a statement setting forth
why the property was purchased and say
ing that after several sites had been visit
ed. Mr.. Weldin's farm had been decided
upon. The first intimation the city Of
fcials had of the purchase was when
John =. Grohe. secretary of the Water
Board, presented to City Auditor John
Roughman yesterday afternoon check
for $4,000 for his signature as the first
payment on the property. Mr.. Boughman
was also shown the agreement by which
the $4,000 payment was to be made at
once and the balance later. the ground To
be taken possession of next year This
fact caused the City Auditor TO doubt the
legality of the transaction and he called
up City Solicitor Reinhardt by telephone
and asked his opinion on the subject. Mr.
Reinhardt said that he was of the opinion
that the transaction was all right. but
Mr.. Boughman decided to withhold his
signature until a written opinion on the
subject had been given by the City Solici-
TOR.
COUNCIL TAKES ACTION.
Mr.. Boughman at once called the atten-
tion of members of Council to the trans
action and previous to its meeting last
night the Finance Committee held con-
ference on the subject, which was for
time animated. The majority Of the mem
bers were in favor Of drawing a resOlli-
tion condemning the action Of the Water
Commissioners. but cooler Judgment pre-
framed and presented in open meeting
and unanimously adopted:
Whereas. 1t has come to the knOwl-
edge Of this Council that the Board Of
Water Commissioners are negotiating for
the purchase of piece Of land adjacent
TO the city; therefore be it
Resolved, That the City Council in
Irregular meeting assembled, appoint the
lH.ff
CO lie purpose Of ascertaining the legality Of
Ike transaction.
q II Mr.. Kane followed this resolution with
E second to the effect that the checks is
Jsued by the Water Department be held
up until the subject be thoroughly investi-
gated and the legality OF the transaction
affirmed. This motion was also unani-
mOusly adopted.
As soon as Council adjourned, the FL
nance Committee held a meeting with
City Solicitor Reinhardt. The solicitor
said he had not looked into the law to
find whether the Water Commission had
the right to purchase land outside the
city, but he promised to do so, and will
report to the committee on Monday
night. The committee also sent letter
TO City Auditor Boughman directing him
it to the Water Commission by the COM
mittee.
COUNCILS OBJECTION.
Members OF Council put forth several
objections to the purchase OF the Weldin
property, contending first that the Water
Department has no power to purchase
land outside of the city limits. the Weldin
farm being so situated and also that the
transaction is illegal because it will be
impossible for the board to obtain control
of the property until three months after
the purchase Of said property.
The grounds for the first objection are
not quite clear. Section / of the act re-
lating to the Water Department defines
the powers of the commissioners as fol-
lows: THE city of Wilmington is here
by authorized through the agency Of a
Board of Water Commissioners hereby
created, constituted and appointed :
10 take, convey into and throughout the
city the water of the Brandywine river
from any point in said river and
may also acquire and hold lands, real es-
tate. or personal property necessary for
constructing aqueducts, laying pipes.
constructing reservoirs and for
purifying, conducting. storing and distrib-
uting such water and TO take and hold
lands and water rights, etc.
As can be seen there is no clause in
this section that prohibits the Water De
partment from acquiring land beyond the
city limits for the purpose desired. All
authority Council has on the subject is
not made public. James Kane, chairman
Of the Finance COMMITTEES, said that no
stone would be left unturned TO sift the
subject to the bottom as he did not be-
lieve the commission had a right TO pur-
chase property ont Of the city as. a new
reservoir is not needed at this time.
PRESENTED WITH PICTURES.
AT last nights meeting Former City
Solicitor Henry @ Cnnrad nresenfad the