Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-12-26
.FAHEY ORDERED TO
BOND FOR $4,000
lie IntsrpoSsd a Demurrer TO the Man
damuS Proceedings Brought
Against Him in So
perlOr Court.
COURT OVERRULED DEMURRER
The Case May be Carried to the
Supreme Court.
WHAT CITIZENS ASSOCIATION WILL DO

Tuesday was day set for Street and
Sewer Director Patrick Fshey to file
his answer to the alternative writ OF
mandamus. requiring him to show causs
why he should not be compelled to
furnish an official bond OF csc, 0C0.
Street and Sewer Director James o.
Carter had informed the Superior Court,
to which The Citizens Association bad
brought mandHmus proceedings, that
his bond had bsen fled With the city
treasurer. But Mr.. Eahey made no
such answer to the alternative writ.
instead b cuunse, William s. .Hilles
filed demurrer, which is alleged to be
o virtual admission that Mr.. Fahey's
bonu was not tied with the city
treasurer.
Following is the language of the de-
murrer:
And the said defendant, by William S.
Hilles, his attorney, comes and defends the
wrong ard Injury, when, &c, and says that
the said alternative writ OF napdnmus, and
the matters therein contained, in manner
and form as the same are above stated ana
set forth are not sufficient IN law tor the
said REALTORS TO have or maintain their hfore-
sai Il action thereof against the SAID defend-
ant ur to issue the said writ and that he, the
said defendant, is not hound by law TO an
swer the same. And this he is ready TO
verify. Wherefore by reason OF the insult
cheney OF the said writ in this behalf, the
said defendany prays Judgment, and that he
may be hence dismissed with his reasonable
costs most wrongfully sustained.
And the said defendant, according to the
form of the statute In such case made and
provided. states und shows to the court here
thr following causes of demurrer TO the said
| writ.
/. That It does not appear therefrom that
Alfred 6awthrop, Archiabld s. Reed, Henry
| B. Thompson, Peter j. Ford, Peter W.
Tomlinsol, Alfred D. Warner Howell :.
and George r. Hotfecker, the REALTORS named
therein, have any interest sufficient TO entitle
them to apply for and have awarded the said
| writ.
2. That it does not appear therefrom that
| the said persons named as REALTORS have any
| interest," 10 apply tor or obtain the said writ.
| 3. That 1t appears therefrom that the said
| persons named MS REALTORS therein have not
any interest which would entite them TO ap-
ply for or ohtuin The sand writ.
| A. That it appears therefrom that the
4 Mayor and Council OF Wilmington.
j municipal corporation, Is not party to the
5. That it appears therefrom that the
Mayor and Council Of Wilmington Is not a
reator in said cause.
8. That IT appears thereiroIn that the city
l JIthtuFtT VI tHt CltI VI wilmington 10 hoo "a
reator or party too snid cause.
| 2. Tint 1t appears therefrom that the said
| writ cannot be issued on the relation Of the
said persons named as REALTORS
X. II appears therefiom that the duty
sought TO be enforced 10 duty due the
Mayor and Council of Wilmington and not
to the said REALTORS or any of them.
And also that the said writ is In other re-
/ spects uncertain, informal and insufficient,
dc. William S. Hiles, for respondent.
The court overruled the demurrer,
and Mr.. Hilles noted an exception to
the ruling.
MIR. HiIles elected 10 take final judg-
ment, the effect of the matter being an
admission OF the facts in the right.
The court ordered peremptcry writ
returnable January 9Th, requiring Mr..
Fahsy to bond In the sum Of $50, COO.
But it Ia expected that Mr.. Hilles
will take the case TO the Supreme Court
before that time.
With reference to Street and Sewer
Director Ayers s. Webster, Mr.. Hilles
told the court that Mr.. Webster re-.
turned on Sunday Eight from Ohio, and
would make answer January 9Th.
}. Harvey Whitems an, representing the
Citizens Association, said that III the
case of Director Garter he contemplated
! lnSGltuJlnS procHeuinRH 10 beHL tnb
question Of fact as to whether Mr.
Carter made false return. He desired
that the court take no action that would
preclude persmptory mandamus, and
the court took no action.
An impression hos been created that
the Citizens Assoc alton had concluded
it's efforts in the way OF investigating
the Street aud Sewer Department But
The Gazette can state authoritatiyely
that tho impression Is unfonnded. 1t
was stated Tuesday by member
Of the executive committee of the
Citizens Association that the inyestiga,
ton of the department will be pushed
to finish; that the causeway work,
sand contract and Welsbach light
matter, all will be investigated. The
intention OF the association was veri-
ned by j. Harvey Whitemsn. counsel
thnraof