Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-10-10
WATER DEPARTMENT
WILL APPLY TO COURT
For a Settlement Of the contrO-
versy With City Council Over
Purchase of Land.
DESIRE A SPEEDY SETTLEMENT
William S. Hilles Retained as
Counsel--The Method of
Procedure Was Not Yet
Decided Upon.

IL swas settled beyond doubt, yesterday,
that the controversy between the Board uf
Water Commissioners and City Council
relative to the purchase of the Thomas L.
Wedin farm on Mckee's Hill, for reservoir
purposes. 10 to be carried to the court as soon
rs possible for a judicial Interpretation of
the powers of the Water Commissioners in
such matters. William $ Hilles was retained
by the Water Department as their attorney
IN the matter and was Instructed To Institute
proceedings as soon ns possible:
DUST what course MIR. tiilles will pursue has
not been determined. President Alfred
Belts of the Water Department told a re-
porter of Every Evening that the matter had
been left entirely with Mr.. Hilles and he is
to use his Judgment. 1t lie the desire D!
the board, however, to have the controversy
settled as soon as possible. As the matter
now stands the board does not know what
Its powers nIe in the matter OF purchasing
real estate, and cannot know until the court
passes upon the law. Therefore an early
ruling is hoped for, in order that the de-
partiaeut may know what plans 1t can make
for the future.
Believing It had the right to use money in
Its hands for the extension and improvement
OF tho water service OF the city, according
TO its best judgm emit, the Water Board ue-
cidod to purchase the Weldin tract. cnnsid-
ering it most advantageous site for new
reservoir which will be absolutely necessary,
The deal was negotiated the same as 1t both
parties to the contract had been private
citizens; that Is, the agreement contained
forfeiture clause which would mean ior-
FIXTURE of several thousand dol ars should
either party violate its provisions. The
price agreed upon was S42, 900 and under the
| terms the sum OF $4,000 was to be paid at
once and the remainder by December 18th
OF the current year. The $4,000 check was
drawn at once, but has not been turned
over to MIR. Weldin, because City Auditor
Bougnman, acting under instructions from
0ity Council. has declined to endorse it.
| How long MIR. BIhghmab intends to with
hold his signature Is not known. Until he
| does sign, however, the money cannot he
| naid. As has been stated heretofore, City
Council contends that the Water Depart.
ment must issue bonds for the purchase oil
real estate, while the Department and many
| citizens have an opinion just the opposite,
holding that tbs department can use Its sur
plus tor the purpose. City Council has
| legal opinion backing up its contention. but
the attorneys who gave the opinion admitted
that the point at issue was go doubtful
that Judicial ruling would be advisable.
! hence the action of the Water Department.
When Mr.. Hilles was spoken to ON the
subject he could not give any definite infOr.
nation. He said ne had Just been retained
aud had not become fully conversant with
| the facts. He expected to have a conference
win Clty Councll5 attorneys curing the
| day. From his general knowledge of the
matter, he said he thought 1t could be taken
| to court in several ways. The action might
be brought on case stated or mandamus
proceedings might be instituted to compel
the auditor to sign the check which is now
| pending. In either event Judicial ruling
would result which would settle the matter
| TOR the future. He will not know what action
he will take until he looks into the matter
further, but will lose no time In an effort to
bring about a speedy settlement of the con-
| troversY.