Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1902-02-20
WATER DEPART MENT WINS
Superior Court SuStainS Its Right to
Buy Land fOr Reservoirs.
COURT WAS DIVIDED IN OPINION
Grubb and Spruance in Favor
and Lore Opposed.
THE LAND WILL NOW Be PURCHASED

The Water Commission has the right
to buy the Weldin farm and pay for it
from the revenues of the department.
The decision in the case involving the
question was handed down Saturday by
the Superior Court for the November
term. Judges Grubb and Spruance
favored the purchase. and Chief Justice
Lore decided against it.
The case was that of Thomas I. and
Emma NJ Weldin vs. the Mayor and
, Council of Wilmington. The Water
Commission had agreed to buy SS acres
of land on the Concord turnpike for
reservoir purposes and was to pay $40,
900 down and the remaining s}2 600 by
March 25th next. Because Of the op-
position Of City Council the $40, 0CO was
not paid,and the suit was for the recov.
cry of that amount.
The question involved was whether
the Water Department has the right
tn acquire land for reservoir purposes
and to pay for the same from the re-
ceipts of water rents.
In the argument on the case stated,
the Meldins were represented by John
/ j. Nields and William S. Hilles, and
( the city was represented by Robert G.
\ Harman and Herbert II. Ward.
The opinionsSf all three Judges we're
read. In the absence of Judge Grubb
the court directed Prothonotary Frank
l.. Speakman to read the judges
opinion. The judge construed the act
of April 18th, 1888, from which the de-
partment gets its power. He held that
the act gave the Water Commission
the power tc buy the land and to pay
} for it from its receipts.
Judge Spruancc then read his
opinion and reached the conclusion
that the act contained no limitation
or qualification to prevent the depart
lnent from making the purchase.
When Judge Spruance had concluded,
1T was seen that the department had
won, whatever might be Chief Justice
Lore's views.
The Chief Justice considered the act
of 1883 in detail and maintained
strongly that it did not give the de-
partment power TO acquire the land.
Section one gave it power to acquire,
take and hold land, but section seven
said that all such real estate may be
acquired by contract or otherwise as
hereinafter provided, namely, by the
issuance of bonds. There was no eX-
press right to buy land except as pro
/ Nided and the section as to tho dispo-
sition OF the income of the department.,
negatived any right TO buy land. Tho
act manifestly implied that the com
pletinn Of the water works must be
amade with the sl2O,0G0 bond issue.
kBut the proposition of the Water Com
mission to buy large farm meant Il
new system that might run into
, millions. 1t was new departure
frought with danger, and it was u good
thing that the Legislature had so
limited the power of the department
as to prevent such Ii movement. The
Limitation of power would require the
department to ask the Legislature for
the new power and give the citizens an
opportunity To he heard.
Hence the Chief Justice maintained
that Judgment should be granted the
defendant.
But since majority of the court
favored the Water Department pur-
N Schase, Judgment was entered for tho
plaintiffs for costs, and decree will
be prepared
Herbert II. Ward of counsel for the
city said this afternoon that the case
will he taken to the Supreme Court on
writ Of error. Ii will probably be
argued before that court in June.