Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1902-01-30
A Copy, Furnished by the Com
pany, Shows il Mas Exc
Guted June 27th.l9Ol,
for Ten Years.
DUPLICATE GIVEN TO Mr.. CARTER
So Vice-President Shaw of the
Welsbach Co. States in His
Letter to the Depart
ment--Legality of the
Contract Under
the Law.

L
| the letter sent by the company to the
| Street ana Sewer Directors last week,
which was withheld by City Solicitor
| David j. Rsinhardt, together with Il
copy OF the contract. The company is
| glad to have the newspapers print both
letter and contract, and claims that
| the fact that there has Hren any
/ mystery concerning the contract or that
| the duplicate contract sent to the
Street and Sewer Department was not
found. was surprise to it, The letter
is as follows:
january 9th. 1902 Street and Sewer De-
pnrttnent Of the City of Wilmington. Del
Gentlemen: We have seem in the ncws-
papers that ut recent meeting Of your de
partment some question ms to the contract
between our company and the city Of viii
mington for Welsbach street lights was
raised and discussed, and that the secretary
Of your department informed the members
that there is no memorandum in the
minutes concerning the mixing of this
contract, and that the department has no
copy of the contract in its possession.
This is inexplicabe in view Of the facts,
which are briefly us follows:
On May 18th 1901. the Street aud Sewer
Department advertised that they would re-
ceiTe bids until p. m. june 6th, 1901, for
lighting the streets of the city of Whining
ton with gas and electricity. We submitted
a bid for lighting with gas, in accordance
with specifications on file, which bid was
accepted. and following which this contract
was made with your department in the
ordinary course of business. You should
have copy Of same in the records of your
department, inasmuch as tine contract WIS
executed in duplicate and one copy was 70.
tanned by the city. As your copy seems TO
have been mislaid, we herewith enclose Il
certified copy of the contractsn our possess
sion.
The form of contract was received from
your department and handed to our repre-
sentative. slight modification of that
form was suggested by our counsel in Viii
mington, which was approved by your de-
partnient, and the contract returned to ls
for execution. 1t was our intention TO have
completed the execution of this contract on
the part of all parties on the same day, but
after same had been executed by our com
pany on June 9TH there was an unexpected
delay in getting the proper officers of the
american Surety Go. in Philadelphia fwho
was our surety on the bond to execute the
same, and their execution was not secured
until June 18th. The contract was taken to
Wilmington by our representative on the
following day. June 18th, and he, in COM
pany with Mr.. Carter. n member of your
department, went TO the mayors office in
the City Hall. where the contract was exc
mayor OF Wilmington, and sealed and Mt
tested by William Z. Morrison, clerk of the
City Council. The contract was executed on
Saturday, the 18th day of June, 1871 and
our representative brought back the executed
contract to our Office on the same day.
The duplicate contract was taken by Mr..
| Carter, of your department, who was pres
ent at the execution.
We trust this statement, with copy of
contract enclosed. will supply the de-
ticiencies in your minutessand complete your
files in the matter.
Very truly yours,
Arthus IL. Shaw, Vice President.
COPY or THE CONTRACT.
Tho copy of the contract that accom-
panied the above letter is, in substance,
us follows:
This agreement, made and concluded this
27th day of June, A. d. 1901. by and be-
tween the Mayor and Council of Whining
ton, municipal corporation of the State of
Delaware. party Of the first part, and the
Welsbach Street Lighting Co. Of America, a
corporation organized and existing under
the laws of the State of Illinois, party of
the second part,
Witnesseth: That the said party of the
second part, for itself, its successors and
assigns, for the consideration hereinafter
mentioned. hereby covenants and agrees to
and with the party of the first part, as
follows TO wit:
First-To furnish and supply. for the
term of 10 years, beginning on the LIST day
of January, 4. d. 1902, and ending the
3lst day of December. A. ID. 1911, for the
consideration hereinafter provided at least
one thousand 1900 of its improved patent
fixtures and street lanterns, and as many
more as may from time to time be ordered
by the party of the first part furnish all
material used in lighting same, and labor
TO light and keep lanterns clean, and to
light all such lamps each and every night
during the continuance of this agreement.
same to be lighted at dusk and cXtinglished
at dawn. in accorClunce with the schedule
to be furnished by the said party of the
first part, subject TO such changes us may
be made by the Directors of the Street and
Sewer Department, not to exceed 4 1000 hours
per annum. All lamps, posts, burners, fix
lures and equipment to be furnished by said
party of the second part shall be and re-
main the property OF said party of the
| second part during and ut the termination
OF this agreement or any continuance
thereof. All lights furnished under this
| contract by the said party Of the second
part shall be of brilliancy equal to 70
candle power.
Second--'The Street and Sewer Depnrt-
| ment shall have power to deduct two nights
pay for every light which shall fail TO burn
any night. due to the fault of the con
ItuctpTi bE winch Hlili iiOl give the required
candle power determined as hereinafter pro-
| yided; but the Street and Sewer Depart
| inent ahall, If the circumstances require in
| fairness that d less deduction shall be made.
remit parI or I'LL of the penalty imposed
| by this serttNn.
Then follow provisions detailing the
character ~ the tests to determine the
suHicioncr Of the lights.
The third section provides that the
| company shall idemhify the city against
| the costs and damages of suits arising
from the negligence of the servants Of
the company, or from suits for in
fringenents of patents by reason of
the Use of the lights.
Fourth-1he said party Of the second part
| shall have the use OF all the posts now owned
| by the city OF Wilmington. approximately
| sbll, of which $40 are now in use, and upon
which lights are TO be placed by the purity
! of the second part, without any change in
| the location thereof, except at the expense Of
the party of the FIRST pnrt. The remaining
| posts, Approximately 3h, shall he placed III
such locations along the lines of the mains
| Of the Wilmington Coal Gas Co. ms shull he
| designated by the party Of the first part. at
| the expense Of the pNFtg of the second part.
! The remainder OF tho posts necessary for
| the ftlHlment Of this agreement shall he
| furnished by TIE party ~ the second rnlt,
| UiAi sum ". F'h'E'' w euNtl lphiES hlbnE
| the lines Of tho ngins az the Wilmington
| Coal Gas Go, as shnli lSs designated BY tha
| party OF the first Jmi.,
Fifth Reconsideration whereof the party
Of the first part agrees % p'!y the pnrty Of
| the eecord latrt, lis Successors and assigns,
during the entire term Of this contract. for
al least 1000 lamps furnished rs herein pro.
| yidel, the sum OF $500 per nnnun for enci
and every lamp, said paynlalta to be made
in equal monthly instal,nenta.
The contract is signed for the city