The Wilmington daily Republican., 1901-10-11
COUNCIL
WILL FIGHT.

City Council last evening adopted
a resolution which allows the, fl
nance committee to employ attor-
neys TO prevent the Water Depart
ment from pur chasing the land Tor
new reservoir. This will be u sur.
prise to the water Department as it
was thought that Council would
make no move until the department
began mandamus proceedings
against City Auditor Boughman 10
make him sign the check tor $4,000.
! Alter the meeting of City Council
last evening the finance committee
met aud selected Attorney.General
Herbert II. Ward aad former City
Solicitor Robert G. Harman TO rep
resent the city in the contest with
the Water Commission. City Solie-
itor David J. Relnhardt was pres
ent at this meeting aud gave his
consent for the selection OF special
counse! can be secured. Auditor
Boughman is IN peculiar position
and it is understood to be the de-
sire of the finance committee 10 re-
lieve him Of this position. The law
expressly states that alter the aud
itor has declined to sign check OF
the Water Commission he shall re-
turn it to that body with his rea-
sons.
If tie Commissioners. by unan.
imous vote, pass the check over his
head he is relieved IRON all respon.
sibIlity and must sign the check.
Oi course he makes a reasonable
time in which TO consider the sub
iect, but he can not hold cheek tor
an indefinite period MIR. Bous Imam
is now holding the $4,000 check
simply on orders IRON City Council.
1t is understood that as soon as
the legal papers have been prepar-
ed City Councils attorneys will so
belole Chancellor Nicholson and
ask for an injunction to restrain
the Water Commission from expend-
ing the excess moneys in its keep.
ing for the purpose OF purchasing
land or any other purpose except
that specified in the act creating
the department. This action, 1t is
claimed. will bring the question TO
an issue quicker than by mandam.
us proceedings and will also relieve
Cily Auditor Boughman from his
peculiar position. 1t is understood
that the Water Commission is will
ing for any proceedings 10 be taken
which will bring the disputed ques-
!tion into Court and secure an early
decision. There is now better
understanding between the mem
bers OF the Water Commission than
at anv time since the controversy
began.
The law and park committees re.
ported in favor Of accepting the
deed for a small piece Of land at
Thirteenth and Franklin streets,
and the deed wae accepted.
Mr.. Kane presented the opinion
of City Solicitor Reinhardt, II. Fl.
Ward and Robert G. Harmau on
the right of the Water Commission
10 pay lor land out OF excess moneys
on hand, and the communication
was accepted as the report OF the
finance committee.
Mr.. Kane then presented this
resolution, which was adopted:
Be it resolved bv the Council Of
Wilmington as follows:
Whereas, The Board Of Water
Commissioner has negotiated with
one Thomas 4. Weldin for the pur.
ich ase Of SO acres OF laud in Bran
DIVINE hundred for a reservoir for
the SUM OF $42. 600, and intends to
pay Tor he same out of the surplus
or excess moneys OF the departs
ment.
Whereas, The Council has re.
ceived a legal opinion from City So.
licitor David J. Reinhardt, former
City Solicitor Robert G. Harman
and Attorney General H. II. Ward,
that in their opinion, the said sur
plus or excess money cannot be
used for the purchase OF land for
reservoir; now he It
Resolved. That the finance COM
mit,ee OF Council be and it hereby
Is authorized to employ counse! 10
prevent the Board OF Water Com.
mssioners from purchasing the
land.
II. H, Ward and Robert Ha rman
will be engaged.
City Treasurer Feaster reported
tie balance in Firs, National Bank
TO Ue $75,0o5. Al; each OF the four
depository banks, Sl5,750 received
of A. J. O'Neil, Sl02. 50; II. p. JOS.
lyn, $3.50 80; Eugene NJ. Sayers.
81 100; T. S. Lewis, 81, 40
Milk Inspector McEvilly report.
ed lS0 inspections Of 7,54O quarts
and 9 dairies inspected in Septem.
ber. Clerk OF the Market A. J.
O'Neil reported SlO2, 80 collected.
aud Court Clerk II. p. Josiyn $3.50.
so collected ia the same period,
The s. +. c. A. reported dogs left
IN pound on September |, 5; taken,
ll2; killed. lO+; redeemed, 3; sold,
I; lett on October l, g; collected, IS.
The usual order for $50 was drawn
10 pay the society for its work IN
September.
An order for 81, 244. 81. monthly
appropriation, was drawn in favor
oi the Board of Education.
The Citizens Association.