The sun. (Wilmington, Del.) 1897-19??, 1901-12-24
ANSWER NOT
SUFFICIENT
Court Orders Peremptory Writ in
Fahey Bond Case
MAY 90 TO SUPREME COURT
Fahey Claims Members of Citizens
Committee Have Not Sufficient In
terest to Entitle Them to
Apply for Writ.
MAY 90 TO SUPREME COURT

William s. Hilles, counsel for Street
Superior Court this morning filed de.
murrer to the alternative writ made upon
Mr. Fahey to show cause why he should
not produce his bond. MIR. Fahey claims
that the members OF the executive com
mittee of the Citizens Committee who
apepar us reators in the proceedings,
them to apply for and have awarded the
writ.
The demurrer was oyerruled and the
court ordered premptory writ return
able January 6. This is an order on
Mr.. Fahey to produce bond. 1t is like
~ he will take the case to the Supreme
Court for II decision OF the question Of
whether citizens have right to take
such proceedings.
| Mr.. Hilles said in the demurrer:
| Aud the said defendant, BY William :.
Iiiles, his attorney, comes and defends
the wrong and injury, when, etc. ant.
says that the said alternative writ of
mandamus, and the matters therein con-
tanned, in manner and form as the same
are above stated and set forth, are not
sufficient in law for the said REALTORS to
have Or maintain their aforesaid action
thereof against the said defendant. or to
issue the said writ, and that he, the said
defendant, is not bound by law to answer
the same. And this he is ready to verify
Wherefore, by reason of the insufiiciency
OF the said writ in this behalf, the said
defendant prays Judgment, and that he
may be hence dismissed with his reason
liable costs most wrongfully sustained.
And the said defendant, according 4
thu form Of the statute in such case mad'
land provided, states and shows toNth,
court here the following causes of de
murrer to the said writ:
|. That 1t does not appear therefroil
lthut Alfred Gawthrop, Archibald )
Reed, Henry b. Thompson. Peter J
, Ford. Peter W. Tomlinson. Alfred II
Warner Howell s. England, Jerome Il
. Brll. William +. Kurtz. and George X
Ioffpcker, the REALTORS named therri
lhnya any interest sufficient to entitl
/ them TO apply for and have awarded tn
said writ.
II 2. That is does not appear there
, from that the said persons named ns r.
Intors have amy interest to apply for 9
2 obtain the said writ.
, 8. That it appears therefrom that III
A said persons named as REALTORS therei
. Ihaye not any interest which would 81
| title them to apply for or obtain the s;ti
h writ.
4. That il appears therefrom that u
lNnyor and Council of Wilmington,
Im,iuicipal corporation, is not a party
the said cause.
s. That il apears therefrom that "
IL Mayor and Council of Wilmington is IL
!, rrlai, II in said cause.
&. that il appears the reform that q
y .ity treasurer Of the city II Wiimlnsit
7 i not Il relator or party 10 saih cause.
u That Il appears thcrcir.m that u
sa;J writ cannot be issued IN III. r"iati'
: ~ III. said persons named rs i."ntors.
J. x II appears therefrom that III" di
= ought 10 bc enforced is duty due Z
Nayor and Council Of Wilmington III
Z M ~ IN. said relators. or any of 'h"l
\ tnd also thnr.thc said writ is n 9TH
yn.,ts uncertain, informal and insu
~ rent ,.
~ William s. HilleS, for Responder
a. Mr.. IIillps stated that President W.
u .trr ~ ,ha Roard Of Directors q
" street and Sewer Department hah
ann, Il from Ohio Sunday night ANA IN
u il, would make his answer on January
~ l. Harvey Nhiteman Representing
y" Citizens Association. said that IN
ne rnse or Director Carter he contempia'
~ instituting criminal proceedings to 7
Us m. question Of fact as to whether
Carter made false return.
~ lie asked that no such action pe taf
ne N tho answer by the court to precl,
e. peremptory mandnmus. AS
Whiteman requested the court took
lctisn.