Evening journal., 1901-12-17
Court 10 Sit Saturday to
Learn Where Bends Are
MORE CHARGES AGAINST WUITR
Grand jury Makes Recommendations
Before Being DiScharged-Other
Business Of Court

liam S. Hi.les, representing the direc-
tors of the Street and Sewer Depart
ment, made a motion to vacate the
rule on the directors to show cause
why they should not produce their
bonds. The main ground upon which
MIR. Hilles based his motion was that
the citizens and taxpayers represented
by the prosecution as relatOrs have no
such interest in the matter as would
permit them TO be relatOrs. Mr.. Hilles
held That the directors were bound by
the law to bond to the Mayor and City
Council. and not to THE citizens or
taxpayers.
1T simply is bond given by an
agent to a principal for the faithful
performance Of duty" he continued
Mr.. Hilles held that the relators have
no such interest in the proceedings as
would entitie them to the issuance Of the
writ. he found an apparent conflict in
decisions in this State as ito whether a
private relator may act for the public in
obtaining the performance by public
officer Of a public duty. In Hawkins VS.
Dougherty. it was held that a taxable
had right by mandamus ITO enforce the
public duty of tax collector to collect
Chancellor held that a citizen and tax
able OF New Castle county had no right
to maintain bill in equity for relief
which was common alike to himself and
to all other citizens and taxables of said
county.
This bond is TO be given to the Mayor
and Council. No person whatever other
than the municipal corporation can make
any use whatever of the bond. The
money collected thereon, or the security
afforded thereby. is due only 10 the mu-
niclpallty as such. It, and not the citi-
zens Of the municipality. has a legal and
direct interest in the filing of the bond.
1T is difficult TO see how the REALTORS
in this case, even as taxables and citizens
OF the city Of Wilmington, have any in
terest however remote, in the filing OF
this bond II is in no sense a public rec
ord. They have no right to enter or pro-
ceed upon 1t.
THE relation between the Street and
Sewer Directors and the city is the rela-
tion Of principal and agent, and the bond
is simply one to be given by the agent to
his principal Any determination in this
suit to which the Mayor and Council is
"a
the rights Of the municipality. The duty
IS one which is not due to the public, but
is due to the municipality. 1t is one ii
which the public as such has no interest
ct is submitted that the writ should
not issue for the ground Of laches on be
half of the relators."
Mr. Whiteman argued that the writ
can issue upon the relation Of a citizer
and taxpayer, because Of the interest h'
has IN the execution OF the puoiic laws
and because he would be subject to loss
If the members Of the Street and Sewer
Department should fail to perform thei
duties with fidelity, I'm case said mem
bers have given no security.
After a short conference the court de
cided that sufficient cause had not beei
shown to vacate the rule, and an alter
native writ was issued on the directors
returnable on Saturday.
MORE INDICTMENTS AGAINST HIM
At u o'clock the Grand Jury came II
with three indictments of obtaining
money under false pretense agadns
Harry NJ White The allegations brief!
are:
Wilmington, May T. 1900
To j. 3. Tomax or bearer, for wor
done in the Fourth district Pencade
hundred, on causeway, S43.25. O. X, II
NJ. White, order drawn in name of beareI
Wilmington. Aug. d, 1900.
To j. B. Lomax or bearer for wor
Pencader hundred on causeway. $9i1O {
X. II. NJ. White. order drawn TO bearc
Wilmington. Del, Sept. A. 1900
Levy Court of New Castle county
]. b. Lomax, dr., for work on bridge
and whitewashing, SS5. o. X. II. n
White. order drawn in name Of beare
GRAND JURORS WORK IS DONE
After delivering the indictments again
MIR. White, the Attorney-General inform
ed the court that he did not need Il
Grand Jury any more this term, and Il
court discharged the Jury after thankif
the members. Before leaving the Graz
Jury presented its usual report, as fc
lows:
"'rhe Grand Jury has just visited Il
cells i'm the lower part of this buildin
and think that as the prisoners are no
brought in from the county workhouse
a clean condition, with clean clothn
that the cells should be thoroughly ren
waited and whitewashed, and the be
thoroughly cleaned or burned.
I'VE would also recommend that the
should be a division between the ma
and female prisoners, so the latter W
not hear the blasphemy and other b
language coming from the male prise
ers"
Chief Justice Lore informed them III
their recommendation would become
record of the court, and that copy OF
would be sent 10 the Levy Court
The case Of Henry McKinney's exec
trix against ]. Parke Postles' an ars
ment on a demurrer, was begun.