The sun. (Wilmington, Del.) 1897-19??, 1901-10-28
WATER BOARD
CASE HEARD
Argument by Both Sides in Super
ior Court.
DECISION WAS RESERVED
Weldin VS., the Mayor and Council of
Wilmington Involving Right Of
Water Commissioners to
Buy Land for Reservoir.
DECISION WAS RESERVED

| Buy Lana IOr Reservoir.
In Superior Court on Saturday argu-
ment as heard on the case Of Weldin VS..
the Mayor and Council OF Wilmington in
volving the right Of the Board of Water
Commissioners to buy land for reservoirs
with their surplus money.
Mr.. Weldin was represented by Thigh
man Johnston, the city by Robert G. Har-
lmon, and Attorney General Ward, while |
VIM. S. Hilles and John z. Nields rep
resented the Water Commission.
Decision was reserved.
Both sides agreed to q case stated set |
Iting forth that the said Board of Water |
Commissioners, in accordance with the |
resolution passed for that purpose, have
signed and acknowledged paper writing,
together with the said Thomas Il. Weldin
land Emma NJ. Weldin, his wife, looking
to the purchase Of 8S acres Of real estate
to be used for the construction of a new
reservoir for the said city of Wilmington
a copy OF which paper writing is hereto
annexed and made a part of this case
STATED; but it is expressly agreed hereby
that the making of said paper writing
4 part Of this case stated shall be wholly
without prfejudice to either party to this
case stated.
That there was OH the 26th day of Sep
tember, A. d.. 1901, upwards of the sum
of $40, 900 excess OF net income, rents and
receipts from the water works of said
; city, under the control and management
OF the said Board of Water Commission
ers for said city, to the credit of the said
Board of Water Commissioners in the de-
pository of the said CIV Of Wilmington
hut the said Board dlSWater Commits
:. sioners, on the date aforesaid, had no
money to its credit in said depository or
:. elsewhere, except such as had been de-
rived from the said net income, rents and
. l-eceipts of said water works.
That the said Board of Water Commits
sioners has not paid to the said Thomas
= IT. W'eldin the said sum of 100000 mem
toned in the said paper writing, as pay
able on the execution and delivery of
I said paper writing.
y |, If the court shall be Of the opinion that
II the Board of Water Commissioners had
, power to purchase the said land for the
purpose aforesaid, and to pay therefor
from the income, rents and receipts of
the water works of said city, mentioned
and referred to in section IA, chapter 2O5.
N Vol. XVII. Laws of Delaware in the
hands of said board, then judgement shall
/, be entered for the plaintiff and his dam
n ages assessed at six cents, besides the
~ cost of the suit. but if the court shall be
" of the opinion that the said Board of Wa
N ter Commissioners did not have power to
J., buy the said lands for the purpose afore-
vi said and to pay therefor from the said
money in the hands of the said board,
~ then judgement shall be entered for the
- defendant for costs.
~ Right to take writ of error upon the
~ judgement and record in this case stated
ii hereby reserved to the parties here to.
III In their brief. Messrs Hilles and
" Nields say: The sole question in this
ne case is whether the Board of Wat"l
id commissioners for the city of Whining
al ton is authorized and empowered to per
o. ,orm the contract sued upon by applying
ck sum derived from net income, rents ani
reeipts of the water works to the pay
ment of the real estate intended for q
reservoir and described is said contract
The act to establish n Board of Water
r. Commissioners for the ciIy vested the
whole municipal authority of sad city
ever the water supply and tia watci
ne works in said Board Of Water Comniis
hn Soners Said act created Permanent
el- lipdependent, co.ofdinatad branch OF the
- city government.
'ii Defendants construction . I said act OF
,ih April IS, 1888, and particG;ti of section
ne ~ thereof. would occasion absurd cons,'
rs uucnces This construction would rcnde
y. the act ineffective, 1t would destroy IN
es purpose of the act and nullify the inter
- tion of the Legislature.
lcs Defendants rontenticr amounts u
this: "That al the COST OF cGustlictin'
MI the works contemplated by said act
Including real estate for reservoirs. iayini
tn IA -
! a rines must be paid out OF the S120,00O lie
rived from the sale of bonds. as provided
u in section 12 To limit the power to pur
u chase engines, reservoirs ana pipes. t.
-, limit the power to construct waite
~, works in this city to $120,OOO, would dc
,oh stroy not only the growth, but the pei
-, manencp OF the water works. Their exist
on ing condition could not be preserved. no
49,. could they be enlarged to meet future dt
m mands. They would cease to exist III
a few years
AR. Nields contended that the Legisla
-, ture did not intend literal and narro'
III, construction of section II.
n'', Section and IA construed together eA
pressly provide for the purchase OF ret
estate for reservoirs out of the revenue
e of the water works. Such constructio
avoids absurd consequences, conforms
the intention of the Legislature anu ca
ries out the purpose of the act.
non q Section contains no limitation upo
voo ,' the power to acquire and pay for real g
,ir tate FOR reservoirs contained in section /
nee Section IL is supplemental or auxl
~, ~ iary clause Of the act Of April Is, lsS
inh inh intended to afford immediate funds
'tt' the hands Of the board for the watt
y" works. in addition to the funds suns
quently derived from the revenues.
Contemporary facts show the intentic
lar tbe Legislature to create a permanel
esi Board of Water Commissioners.
nge Every statute is to be considered vii
'ltu reference to its intended scope and q
was purpose of the Legislature in enactil
loor it; and where the language used Is AZ
'hu- biguous or admits Of more than OF
pu' meaning, it is to be taken in such sen
re- ms will conform to the scope OF the 2
ana carry out the purpose of the statut