The evening Republican., 1902-06-27
Combine Fire Companies Win

Chief Justice Lore this morning
read the courts decision in the
case of Michael Conway vs.. the
City Council, in which it held that
the peremptory writ of mandamus
should issue. The case was argued
yesterday by Robert Harman and
David Marvil for the combine fire
companies who brought the suit,
William F. Kurtz for the anti-com-
bine companies, and City Solicitor
Reinhardt for City Council
The case grew out of a conflict be-
tween the combine and the anti
bine combine fire companies over
the regular election for a chief and
first and second assistant engineers
held on May 18th last The com
bine companies who have control Of
the elections, elected officers by a
majority vote as usual. The anti
combine companies on the strength
of an ordinance passed by City
Council to the effect that the elec-
ton should be in rotation, also
had a ticket in the field. City Coun.
Gil refused to recognize the officers
elected by the combine and the pres
sent suit resulted. Under the
courts decision the ordinance pass
ed byCouncil is unconstitutional and
it recognizes the combine officers.
The officers elected on the combine
ticket last May were Michael Con-
way, chief engineer; Robert Porter,
first assistant, and Thomas Starr,
second assistant. The officers who
held over and who will now have to
retire are as follows: John Welsh,
chief engineer; James Palfrey, first
assistant and Moses Wiley, second
assistant.
The courts decision was as fol-
lows: 1t appearing to the court hero
that the return of the respondents
to the rule to show cause why a
peremptory writ of mandamus
should not not issue, filed in this
cause is insufficient in law, it is
considered, ordered and adjudged
by the court that Notwithstanding
the return of the respondents to the
rule to show cause, and they having
by counsel waived the is sue of an al
tentative writ, the pere mptory writ
mandamus of the State OF Delaware
issue, commanding the said respond
ents, to assemble at the City Hall.
of the City of Wilmington on Mon
day, June 30th 1909, and then and
there, beforeany adjournmentor sep
aratins of said respondents, to de-
clare the persons who received a
majority of the several companies
Of the Fire Department of the City
of Wilmington, counting each COM
pany as one vote according to the
majority appearing on the face OF
each of the certificates for the per-
sons for whom such majority was
cast at the election for Chief Eagi-
neer and First and Second Assist
ant Engineers of thu Fire depart
ment of the City of Wilmington held
on the 18th day of May, A. D. 1909
to be the Chief Engineer and First
and Second Assistants of the Fire
Department in the City of Whining
ton aforesaid, for the term next ell
suing said election, and to make re-
turn to the court here to said per-
emptory writ on the 18th day of
September A. D. 1902.
Charles B. Lore.
The Court retired to the judges
private room a l1.30 o'clock star q
short time to hear argument in the
Pyle vs;Pyle divorce case. A little
later Chief Justice Lore had court
adjourned until $50 o'clock this af-
ternoon. ............s 10,
The application of Albert Bothmans
for license In connection with his
restaurant at Seventh and Shipley
streets has been with drawn.
Joseph Corrigan who was charged
with selling liquor on Sundays also
has the privilege of with drawn his
application.
n-k~ 4