Evening journal., 1902-03-14
COUNCIL Will
CONTINUE FIGHT
Democrats Vote to Press Ap-
peal in Court
REPUBLICANS ARE OPPOSED
Majority and Minority. Reports Sub
mitted at City Councils Session
Last Night

By the vote OF a majority OF its
members. City Council last even
ing decided TO continue the
war IL is making ON the Water De-
partment and carry TO the Supreme
Court Of the Stale the question Wheth-
or the department has the power 10
purchase land on which to erect a
reservoir.
The action to sustain the appeal
taken from the decision OF Tine Superior
Court was Democratic measure. The
Republican members OF Council voted
TO dismiss the appeal but they were
overcome by the vote OF To A. presi-
dent Blaine was not present Several
speeches for and against the appeal
were made, and two reports We're re-
ceiyed from Council which sat as a
committee on THE whole TO consider The
matter. The majority report. which
was adopted, was presented by COun-
Gilman Monaghan, Democrat, and the
minority report by Councilman Stew
art.
After the resolutions had been pre-
scented there was a discussion. IN
which nearly all the members took
part. Those in favor on dropping the
appeal said that they mad tried to get
the feeling Of the citizens at large
and found them In favor OF the Water
Department being allowed TO go ahead
and build a new basin on the ground
already purchased. The argument was
used that Council already had gone Ia
the expense OF taking the matter into
the Superior Court and lost II was
shown that the expenses OF taking the
matter to the Supreme Court would be
heavy. and the city now needs all the
money II can get, and has none 10
throw away In counsel fees.
On the other hand those I'm favor Oi
the appeal said they had canvassed
the people in their wards. and found
the majority OF them were In favor OF
the appeal Several on the speakers
said they were not opposed to the city
having a better water supply. but did
not think the Water Comm iasioners
were going about the matter In the
right way. They suggested that they
go before the Legislature and ask
for permission to issue water bonds
for the whole amount required to
build the new reservoir and finish Il
at once Under the present plan they
held It would take much longer tC
build tine reservoir, and that the in.
creased water facilities would not be
gained 30 soon as If the money was
borrowed and all the work done al
once.
The majority report presented by Mr.
Monaghan follows;
"Whereas. at a conference OF a major
ity of the Committee OF the Whole. and
City Solicitor David J. Reinhardt. held
Wednesday evening, March 15, Il was the
sense Of the majority OF said conference
that the appeal taken in the ease Of
Thomas r. Weldin vs.. the Mayor and
Council OF Wilmington to the Supreme
Court Of the State should be sustained" "
Mr.. Stewart offered the minority re-
port as follows;
"The minority members OF the Com
mttee of the Whole of Council, beg 60
submit the following as their report Of
the conference of the members Of Council
with the City Solicitor held on Wednesday
evening. March 8, 1902 We are OF the
opinion that the appeal in the case of
Weldin VS. the Mayor and Council should
at once be abandoned for the following
reasons:
"l'irst-The Superior Court has rem
dered decision in favor OF the purchase
of land by the Water Department for a
new reservoir out of the funds derived
from the water rents. To obtain this de
cision it has already cost the taxpayers
Of Wilmington $2,l0O, and it will cost
$500 or $1,000 more to prosecute the ap-
peal with the chances against Council
getting a decision in its favor
"Second-We believe that the city OF
Wilmington needs a new reservoir now,
and that it will be an imperative neces-
sity in the very near future and that the
purchase Of land should be made at once,
as the building of the new reservoir will
require at least five years.
"Third-We believe that litigation be-
tween the different departments Of this
city is a most injurious thing 70 the mate
rial welfare Of the city. We believe that
! the departments should act in harmony
with each other, and should not be en-.
gagged in expensive litigation against
each other. We think the present suit
has gone far enough and should be dis
continued at once"
The following resolution, offered by
/ Mr. Monaghan was then adopted:
Whereas. The Board Of Water Com
missioners have agreed to purchase from
Thomas r. Weldin and wife, a certain
piece Of land adjacent 10 the city, price
for same being about $4,000, the money
to be applied TO said purchase to be paid
out Of surplus funds OF Water Depart
ment, and
Whereas. The City Council in regular
meeting assembled on the tenth day o
October. 1901. by resolutions unanimous
" adopted did engage II. II. Ward, Esq.
and Robert G. Harman. Esq, assisted
by City Solicitor ID. j. Reinhardt, Esq.
for the purpose Of securing an opinion
upon the legality Of the aforesaid trans
action Of the Board Of Water Commis
sioners in purchasing these lands 70