Evening journal., 1902-03-14

cut of surplus water money, aud
Whereas, The attorneys for the Mayor
and Council, assisted by the City Solicitor
in an opinion signed by them did state
that in their opinion the Board OF Water
Commissioners did not have the right as
sumed by them in making this purchase
Of land and paying for same out of the
water rents OF the city, and
Whereas, Acting upon this opinion
which is now on file and record OF this
Council it was decided 70 instruct the
Finance Committee TO retain the services
of II. ii. Ward, Esq, and r. O. Har
man, ESD, for -the purpose OF maintain
ing the stand taken by the Mayor aud
Council in a suit agreed upon by the at
torneys for the Board Of Water Commis.
sioners and the Mayor and Council. and
Whereas, The result of t.ds suit ia the
superior Court has been decision fay-
orable TO the Board OF Water Commits.
sioners, yet il is the opinion OF the attor
neys for the Mayor and Council that the
superior Court erred In its decision. and
that it Is to be reasonably assumed that
the supreme Court OF the State will i'm
terpret the act creating the Board of
Water Commissioners in keeping with
the opinion as presented by the chief jus.
tice in his dissenting views from the ma
iority OF the Superior Court, and
Whereas. The interests depending upon
a final decision OF this case are of 30
much Importance 10 the taxpayers inas-
much as the City Council anticipated
upon receiving certain moneys from the
Water Department at the end Of each
year. the same to be applied TO the re.
al ltI
penses Of the city, and
Whereas, II is taken 10 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 inter
prelation of the act creating the Board
Of Water Commissioners. for upon the
final determination by said court, there
rests so much that is OF vital Importance
To the welfare of the community, in view
of the enormous outlay OF money neccs-
sary To complete the operation, that it is
the sense of this Council that before op.
erations of such magnitude as contem-
plated in the building of reservoir, and
IN view Of the division OF opinion OF the
honorable judges OF the Superior Court
of the state. Therefore, be it
Resolved, That the City Council In
regular meeting assembled this thirteenth
day OF March. 1902, do instruct II. H..
Ward, ESQ, and r. G.. Harman, ESQ.
20 proceed with the appeal already insti-
tuted before the Supreme Court of the
state, for the purpose OF establishing the
case of Thomas r. Weldn and wife VS..
the Mayor and Council OF Wilmington.
la his argument as TO why the appeal
should be dropped. Mr.. Stewart Of
the Seventh ward, presented some inter
csiing figures. He said he represented
the largest ward and the one containing
the heaviest taxpayers. He said they
were unanimously opposed to the appeal.
If Council had held conference with
the Water Commission instead of fight.
ing II the city would have received from
$4,000 90 $4,000 year more than Il does
The bad condition Of water no said.
showed the necessity for q new reservoir.
The Ninth ward, he said, with new shops
and many new houses. win In time have
water famine. The lircmen would find
q difference There Is n water pressure
Of twenty pounds 10 the square inch on
the plugs at Sixth and Market streets
With new reservoir there would be- sev.
enty-fve 10 eighty pounds pressure.
The vote when taken showed the FOL.
lowing:
ln favor Of appeal Kane, Monaghan.
McClaiferty, Willis, Smith, Zebley, Can
non and Mousley.
Against the appeal Stewart Postles.
Morris and Simmons.
An order was drawn for 1854 FOR special
health officers. The bill OF $3.50 presented
By the stenographer in the recent police
investigation was referred to the Police
Commission.
City Treasurer Feaster reported as fol-
lows Balance in First National Bank,
S2g,79s25 received OF John Neary,
S356.SO; each OF the four depository
banks. $3.50 interests John Boughman.
s56 Eugene NJ. Sayers. $1,000. II. S.
Lewis, Si.224.
For February the $. =. G.. A. reported
as follows: Dogs in pound February /.
B.: taken IN the month, 90; killed. SS: re-
deemed, 8; sold, L. left in pound March
1. G; fees collected, SO. The usual order
for $3.50 was drawn TO pay the society
for its work during the month