Evening journal., 1902-03-11
GAS COMPROMISE
AGAIN BLOCKED
Mr.. Melvin Refuses to Agree
to Terms
MR.. REINHARDT WAKES WARM
Pleads in Vain With the Directors
to Take Immediate Action on
KeISbach Contract
Mr.. REINHARDT WAKES WARM

WeISbach Contract
Whether the Directors of the Street
and Sewer Department will compromise
the Welsbach lighting contract or repu
diate the original contract and ask for
new bids. is still "a question unanswered.
| IL was thought some action would bel
taken this morning. but Mr.. Melvin again
held up the settlement one way or thcl
other.
The other members were willing TO nctl
and City Solicitor Renhardt pleaded
with them to do something. He was very
indignant at the delay ana for a fcwl
minutes waXed warm in talking TO Mr.
Melvin.
The matter was brought mp by Mr.
Rcinhardt who presented an opinion aud
"a set of resolutions. This brought Mr..
Melvin TO his feet with his resolution
which he wanted read first.
The discussion then started. Surprised
that Mr.. Melvin was not willing TO CONF
promise, Mr.. Reinhardt said:
Mr.. Melvin, didn't you say you were
willing to compromise when you came toI
my Office ON Wednesdays
Il did not" said MIR. Melvin.
Mr.. Rcinhardt said: "Alr. Melvin has
not consulted with me about the matterI
from Tuesday until yesterday. Please
take some action. Either compromise orI
rcpudiate the contract. The soome somel
action is taken the better. The next
thing we know we viii be taking the ten
year contract"
In answer from a question from Mr..
Melvin Mr.. Reinhardt said compromise
could he effected without advertising for
new bids.
Put it in writing" said Mr.. Melvin.
'Nou don't believe me. thenW said Mr..
Roinhardt. Write down what you want
and stick to it,"
Mr.. Melvin moved that the contract he
rcpudiated and new bids be asked for.
The motion was not seconded There
. was NO motion 10 adopt the other rcsolu-
tion drawed by Mr.. Rcinhardt.
Mr.. johnson Thought the city solicitor s
opinion answered the question. Continu-
ing he said: Il think the best thing TO
do is TO compromise. ] see no reason
why We should not get together ON this
basis. We are using the lights of the
Welsbach people. We have riskcd the
thing too long now"
The following is the opinion:
Gentlemen: You nave asked my 0pin-
ion i'm reagrd TO the following matter:
Cam the Board of Directors of the Street
, and Sewer Department legally attempt 10
make a compromise with the Welsbach
Street Lighting Company of America in
regard TO the contract for lighting the
streets with Welshach lamps and, IL SO,
! will there be amy legal liability ON the
part Of the board formalfcasance IN office
if they should effect a compromise, and
would there bee any liability ON the part
, of the city IL the compromise should be
declared invalid by the courtsY
In reply beg 90 say. that in my opin-
ion your board has the legal right to
make any compromise which i'm your
hest Judgment viii be- for the best adj
j vantage of the city. II you make said
E compromise there can he no liability
whatever attached To- the members of
your board for SO doing. If the contract
J resulting from the compromise should be
;, declared invalid by the courts. there
b would Doe no legal liability attached 60
the city on that account.
Yours very truly,
David j. Reinhardt,
City Solicitor.
e Mr. Carter offered the following which
had been prepared at the request of the
directors by City Solicitor Reinhardt:
Whereas, At a meeting of the Street
and Sewer Departments held the 2jth day
of January. 1901, q resolution was passed
by the department awarding to the Wells
5 bach Street Lighting Company CON
/ tract to Eight and maintain 5lS or more
, gas lamps fitted with its improved fix
lures, as per its recent proposals as may
) be determined and directed for street
d lighting; and
Whereas, 1t does not appear by the
S minutes Of this department that the exact
e terms of such contract were ever deter
o. mined and directed 10y this department at
. any meeting, and
Whereas There can be found in the
records ani papers Of this department OF
in the records and papers Of the city Of
Wilmington. no contract with the Wells
bach Company executed in compliance
with the above rected award; therefore
! be il
= Resolved. That a contract be prepared
q between the Mayor and Council of vii
t mington and the Welsbach Company fol
e l.ehting the streets Of the city of VIII
T. mington in accordance with the above
; recited award and that the same shall b,
n executed by the proper authorities in be
d half Of the citg of Wilmington as soOr
e as the same has been executed, together
= with the required bond accompanying tn,
y same by the Welsbach Company; ant
l. said contract shall be prepared by the
city solicitor in accordance with the
terms Of the above award, the said con
tract to be for the period beginning Jan
uary /. 1902, and ending December 81
= 1907 TO be for SIS lights or as many ad
j. ditional lights as may. from time TO time
g be determined by the Street and Scwel
It Department TO be necessary, at the pric,
d or cost Of S26.75 per annUm for each light
II the payments for the same TO be made il
Ir equal monthly instalments.
q Mr.. Melvm's long set of resolutions
.,,tas,aI fIoo. fr1ro NDnr