The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1902-03-01


specie session yesterday alternoo
discussed the WelsOach Strce
Lighting Compa1y's contract bu
no definite action was reached
was practically agreed, however
that it the compromise offered b,
the Welsbach company is accepted
the company will have to s,an>
the costs Of any litigation that tn
Citlzens Association or any on.
else may bring 10 set aside the con
tract.
The light contract was brought
/ up bv Director Carter who said at
a previous meetin. it was agreet
to settle the matter yesterday anl
remarked that unless the members
OF the board had changed thci,
opinions the matter could be set
tied. At this point MIR. Melvin
stated that there were some points
which which were not very clear
TO him aud submitted the following
typewriter questions 10 the other
members OF the Board:
II thc'conlract 10 question has DO
binding effect in law. need the city
fear. he consequences OF the contract
being taken ito court and the rights
OF the respective parties adjuui.
Gated?
II the contract in question is not
valid AID binding upon the city and
by advertising for bids for the exact
character and kind OF lights and the
number desired by the city. a much
lower rate and perhaps a shorter
term contract can he obtained,
thereby saving Tor the taxpayers
many thousands Of dollars. would
it not he man,icslly wrong for us
to throw away rights OF the city in
the matter and deliberately sur
reuder to the expensive provisions
OF an invalid contract:
If the contract is invalid for any
reason whatever, would It not be 4
positive and direct wrong tor the
city to voluntarily make itself il
party to IT.
If the contract is invalit and dis
advantageous 10 the city would VIC
not in the first place stultiv our
selves; and secondly, be guilty Of
an iileg al act TO make any compro-
mise with IL party having 10 local
contract whatever:
If the contrrct Is invalid, as is de.
clared by the legal representative
OF the city, and as is practically ad.
mit,cd by the Welsbach Company,
by their willingness to abandon it;
and il the Welsbash Company at
the time it submitted proposals for
lighting the streets OF the city, was
not a legal bidder, upon what
ground could any compromise COW
be made with the WeIsbach Com
pany that would stand the test OF
judicial inquiry?
The above questions were not an
swcrcd. Mr.. Melvin said that when
the Welsbach company made the
contract it was not leg a corpora
tlcn under the Delaware law, as it
had no authorized agent IN the
State. lie also referred to the fact
that City Solicitor Rcnlardt had
declared the contract Illegal, and
gave several reasons for giving
such an opinion. Mr.. Carter said:
"One oil the reasons advanced by
the city solicitor has fallen. 1t was
that it could not have been legal
contract because the Welsbacn
Company has no representative in
this state, while now they have
in each county"
II am not here, said Mr.. Melvin.
"to tight any one, not even he Wells
bach company. lam simply here
in the interests OF the taxpayers
ahd will cndeavor TO protect their
interests"
"What are you goiug to do!"
asked Mr.. Carter, 'lt we don't &C.
cept the Welsbaeh compromise? II
we throw out the Welsbach Com
pany they will en- oiu us and we
will have no place to put our lights
and in addition we will have TO pay
from s., 000to $4,000 for defending
the SUIT.
II don t want TO thrown down
the contract said Mr.. Melvin,
"b't before vote on the question |
would like tohave uome things III AIDE
clear
What are those thing asked
Mr. Carter.
"Somc things that are very mys-
tcriou, about the whole affair,
remarked Mr.. Melvin.
"Wel!, what are some OF them
again asked Mr.. Carter.
Take the contract. said Mr..
Melvin, II don't know whether it
has a seal attachcdto it or not. We
have never seen the original con.
tract. l don't know whether or not
nor as far as can find out. does
any member ofsthe board OF officers
know whether or not it had a seal
attached. -
Secretary Wiley said that City
Solicitor Reiuhardt had told him
that he had seen the COPY OF the
original contract with the Welsbach
company, that it contained seal
OF the city which was similar to the
seal on other city documents filled
out in the Street and Sewer De-
partment.
Mr.. Melvin stated that the copy
of the contract belongs to the city
and ought to be produced.
what would be The use of liz"
asked Mr.. Carter. instead Of an