Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1902-03-20

4 l
CHAN, James Kane, Prince A. Mousley,
Joseph E. McCafierty, Harry h. Smith
and Charles NJ. Hebley, City Council,
at its meeting Thursday authorized
the taking of an appeal to the Supreme
Court in the suit involving the right
of the Board of Water Commissioners
to purchase land for reservoir purposes,
which was recently decided in favor of
the commissioners in the Superior
Court. All of the Democratic mem
bers OF Council voted for the appeal
and all of the Republicans present,
Messrs. Simmons, Postles, Stewart and
Morris voted against it, President
Blaine being confined to his residence
by sickness. The appeal was offered
in the following preamble and reso-
luton, which was adopted by the above
vote, after majority and minority re-
ports had been presented and discussed:
Whereas The Board of Water Commits
sioneTs have agreed to purchase from
Thomas L. Weldin and wife certain piece
of land adjacent 10 the city, price for same
being about 81, GOO, the money to be applied |
TO said purchase to be paid ont Of surplus |
funds OF the Water Department; and,
Whereas, The City Council in regular |
meeting assembled on the 10th day of Octo- |
Der, 1901, by resolutions, unanimously |
adopted, did engaged H. II. Ward, Esq, |
City Solicitor d. j. Reinhardt, ESD, for
the purpose of securing an opinion upon
the legality of the aforesaid transaction of
the Board Of Water Commissioners in pur-
chasing these lands for reservoir purposes
and paying for same out Of surplus water
money; and,
Whereas, The attorneys for the Mayor and
Council, assisted BY the city solicitor. in an
opinion signed by them did stafe that in
tiIeir opinion the Board of Water Commits
cir ali lpH la f,tr
them in making this purchase OF land and
pnying for same out of tine water rents of
the city; and,
Whereas, Acting upon this opinion, which
is now on file and record of this Council,
il was decided to instruct the finance com
mite to retain the services of II. II. Ward
ESD, and Il, q. Hartman, ESQ.,. for the pur-
pose OF maintaining the stand taken by the
Mayor and Council in suit agreed upon.by
the attorneys for the Board OF Water Com
missioners ard the Mayor and Council; and,
Whereas, The result of this suit in the
Superior Court has been decision fayora-
bic to the Board of Water Commissioners,
yet it is the opinion of the attorneys for the
Mayor and Council that the Sperior Court
erred in its decision and that it is to be
reasonably assumed that the supreme Court
Of the State will interpret the act creating
the Board of Water Commissioners in keep
ing with the opinion. as presented by the
Chief Justice in his dissenting views from
the majority of the Superior Court and,
Whereas, The interests depending upon a
final decision Of this case are of SO much
Importance to the taxpayers inasmuch as
the City Council ANTICIPATED upon receiving
certain moneys from the Water Department
al the end of each year, the same 10 be APP
piled to the redemption of water bonds and
other expenses Of the city; and.
Whereas, It is taken to be the sense of
this body that the best interests of the city
would be served by establishing in the
highest court in the State the Interpretation
of the act creating the Board of Water Com
missioners, for upon the final discrimination
by said court there rests so much that is oil
vital Importance to the welfare of the com
munity, in view of the enormous outlay d
money necessary to complete the operation
that it is the sense of this Council that be
fore operations of such magnitude as con
templated in the building of the reservoir
and in view of the division of opinion o
the honorable judges Of the Superior Cour
on the question, it is the duty of this bod,
TO secure a decision from the Supreme
Court of the State; therefore, be it
Resolved, That the City Council, in regu
lar meeting assembled, this 18th day o
March, 1902, do instruct FL, Fl. Ward, ESQ.
and R, G. Hartman, ESQ.,, 10 proceed wit
the appeal already instituted before the Su
prefne Court of the State for the purpose q
establishing the case of Thomas 7. Weld
and wife VS.. The Mayor and Council of Wi
lnington.
Mr.. Kane presided over the meetin
of Council, on account of the absenc
of President Blaine. Prior to the meet
ing the members held conference
and at the meeting, when the con
mittee reports were called for tw
reports were presented from the con
nittes Of the whole, to which IL
Water Department matter had bee
referred. The majority report, whic
was presented by Mr.. Monaghan, WI
rs follows:
Whereas, At a conference of a majority
the committee of the whole and City Sole
tor David j. Reinhardt, held Wednead
evening, March 9Th, it was the sense of t
majority of said conference that the appt
taken in the case of Thomas I. Weldin f,
The Mayor and Council of Wilmington,
the Supreme Court of the State, should
sustained.
Mr.. Stewart presented the followil
minority report:
Wilmington, Del, March 9Th, 19O2.-T
Mayor and Council of Wilmington-Gen
men: The minority members of the Co
Inittee of the whole of Council beg to 81
nit the following as their report of the &C
ference of the members of Council with
city solicitor, held on Wednesday evenir
March 9Th, 1902. We are of the opinion ii
the appeal in the case of Neldin vs.
Mayor and Council should be at OIL
abandoned for the following reasons:
First: The Superior Court has rendered
decision in favor of the purchase of land
the Water Department for Il new resery
out of the funds derived from the wa
rents To obtain this decision it has alres
cost the taxpayers of Wilmington TWEEN
one hundred dollars (S2 1901, and it will c
$500 or 81 600 more to prosecute the apr
with the chances against Council gettin
decision in its favor.
second We believe that the city of V
mington needs a new reservoir now.
that it will be an imperative necessity
the very near future, and that the purch
OF land should be made at once, as
building of the new reservoir will require
least five % years.
Third We believe that litigation betw
the different departments of this city
most injurious thing TO the material well
Of the city. We believe that the departing
tssoNld act in harmony with each other
SHOULD not be engaged in expensive lit
tion against each other. We think the p
ent suit has gone far enough and SHOULD
discontinued at once.
Hamilton J. Stewar
james H. Morris,
Fl. G. Simmons.
Mr.. Monaghan moved for
adoption Of the majority report
Mr.. Stewart made similar mot
with respect to the minority rep
Both motions were seconded and
majority report was carried by pt
vote. The above resolution authori7
the taking of the appeal was t
offered by Mr. Monaghan, who me
its adoption. While it was pending
Of the members expressed themse
on the subject matter except Presto
Pro Tenn Kane and Mr. Nous
Democrats, and Mr.. Postles, Repu