Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1902-04-10

read from Clerk of the Peace Robert
S. Downs of Kent county:
Yours enclosing motion of your
Levy Court in reference to the bill for
repairs at Fleming's Landing bridge
in 1897, has been before our court since
August 1901. AS there is no record Of
any meeting or committees proceeding
of any kind regarding the work, and
our members all being elected since
1897, and having had no other informa-
tion other than the condensed bill sent
by you, they do demand an itemized
statement Of the work. y
On motion of Mr.. Ewart the letter
was referred to the comptroller to send
the bill.
. am willing to submit every bill.
Allow me them and u per cent or 10
per cont. / am willing to settle. !"
Thus spoke Patrick Fahey, contractor
for Seventh street bridge, to the Levy
Court in committee of the whole Tues
| day afternoon.
Attorney Henry G. Conrad had been
enumerating the items in Mr.. Fahey's
bill of $50, 30S. 80, of which he claims u
balance of sl3, 30S. 20, and Mr.. Fahey
had explained them. For extras, the
| items aggregate 35.30S 80.
Mr.. Fahey said he believed the work
had been done right and satisfactorily
to the committee which had beon in
! charge. If the court could not decide
as to the contracts, he suggested laying
/ them aside, and paying him for the
labor and materials, together with u
| lair percentage.
President Willis asked if he would
| be willing to have mechanical engi-
neer inspect the bridge and accept his
! figures. Mr.. Fahey replied that he was
under contract with tho bridge com
| Iany for certain figure which it
would not be fair to reduce, even If tho
charge by the company were too high.
He was willing to submit every bill and
to accept 10 or 10 per cent
Chairman Willis said tho expert
could SEQ If the bridge was properly
done and the contractor expressed his
willingness for that to DO done. He
| offered to submit all the bills and to
| Produce the PERSONS who did the work.
~ AM not making any money on this
bridge, " he added. He remarked that
hn was delayed in the building of tho
structure or he would have gotten out
much better than he did. Trio delay
had been caused, he said, by changes.
| The increase in height required him to
use longer piling, yot he had not
charged the court for the old Iilng.
'Wc will take the matter up. Z" said
Mr. Willis, and Mr.. Fahey withdrew.
Then the Levy Court turned to rcgu-
! lar business.
| County Comptroller Kelley presented
bill of former Chief of Police Eugene
Massey for commitment of prisoners
| from August lat to December LIST, 1901,
1925. 81, and bill for car fare for
prisoners, between the same dates,
S32 30
With reference to the first mentioned
bill, Comptroller Kelley said he de-
ciined to approve it because he found
mo warrant in law for its payment. I"
| The law on the subject is that police
| officer must not receive any ray in adj
dltion to his salary. II used to be the
custom for chiefs of police TO be al
| lowed for commitments, but it is be-
lieved to be unauthorized by law. As
to the bill for car fare of 260 prisoners
to New Castle Jail at 10 cents and 1876
prisoners to the workhouse at cents
each, Mr.. Kelley gave it his approval,
saying he believed Mr. Massey was en-
| titled to the money.
On motion of Mr.. Chandler, the bill
| VI co.. ~ WdS ullOWttl. VII I1OllOn VI
Mr. Megginson the bill of 1929. 81 was
laid over.
Former Tax Collector John P. Dona-
hoe was present by invitation and
President Willis said the object was to
talk with him about the Adams tax
money. He had collected about S12, 900,
of which few Thousand had been paid
in, and one bill had been refunded.
The remainder is on deposit awaiting
the decision of suit brought against
him by the Wilmington Savings Fund
Society to prevent his disposal of the
money
Don't you think the claimants
world waive any suit if they folt sure
the Levy Court would refund the
money!" asked Mr.. Willis.
- would have to ask that question, :"
responded Mr. Donahoe. Before they
begged an opportunity to sue me to
keep the money from the old Levy
Court If | should pay the money in
here, it might be a question as to
whether / would be in contempt OF the
upper court. The case should be set
tied there at the coming term. My at
torney's advice has been to pay the
money back directly, but | was stopped
by injunction. When the case comes
up we will make no defence, and | sup
pose judgment will be granted. -
Mr.. Willis thought suits would be
withdrawn if the parties knew they
could get their money without going
into the upper court
In the absence Of Commissioner Arm
strong the court did not take up the
matter of the George W. Duncan claim
of 1926, which is under reconsideration.
Mr.. Duncan has come to town from
Port Penn sundry times on account of
the bill and was displeased at the post
ponement.
Constable Collins was reported not to
have settled with the court and action
may be taken against him. 1t is said,
however, that there is an uncollccted
warrant in his favor at the clerk of the
peace's office, which would about bal
ance the claim against him.
The court adjourned until next Tues
day.
Injured in the West Yard.
Thomas Heshman of No. BOG Sixth
avenue, was badly injured in the west
yard. near the tower, yesterday,