The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1902-03-14
CITY COUNCIL
BACK KANE

!, At the regular meeting of Cit
| Council last night resolution to ap
} peal the decision of the Superior Collr
in the case OF Thomas II. Weldin an,
wife vs.. The Mayor and City Counci
OF Wilmington was adopted by a vot,
of 8 to 4. The eight Democrats
: members Of council Messrs Kane
Monaghan, Smith, Cannon, Mousley
, Willis, McCatferty and Zcbley votct
for the adoption of the resolution ant
four Republican members Messrs
MONS, Stewart, Simmons and Postlcs
; voted against it. President Blaine
was absent and chairman Kane of the
finance committee acted president
protein.
The matter was first brought out
by the report Of committee of the
whole submitted by Mi. Monaghan
which was to The effect that
the appeal should BE- sus-
tained by council. Mr.. Monaghan
called for vote On the report which
resulted in it being adopted by vote
of Sto4.
The minority report was submitted
by Mr.. Stewart and asked that the
appeal be abandoned. In the report
the following reasons were stated to
show why the appeal should be aban-
doned:
"lirst-The Superior Court has
rendered decision in favor of the
purchase of land by the water depart
ment for new reservoir, ont of the
funds derived from the water rents.
10 obtain this decision it has already
! cost the taxpayers of Whining ton
81, 100, and it will cost $500 or 81 900
more to prosecute the appeal with the
chances against council getting a de-
cision in its favor.
"Second-Wc believe that the city
OF Wilmington needs Il new reservoir,
now, aud that it will be an impera-
tive necessity 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 I'VE believe that litigation
between the different departments of
this city is II most injurious thing to
the material welfare of the city. We
believe that the departments should
act in harmony with each other, and
should not be engaged in expensive
| litigation against each other We
think the present suit has gone far
enough and should be discontinued at
once.
On II vote the adoption of the re-
port was last. Tho following rcsolu-
lions offered by Mr.. Monaghan were
freely discussed by both those for and
opp ',cd to the appeal before vote
Wa taken for their adoption.
Whereas, the Board OF Water Com
missioncrs have agreed to purchase
from Thomas Weldin and wife GER
tain piece Of land adjacent to the
city. price for same being about $42,
600, the money to be applied to said
purchase to be paid out of surplus
funds of water department, and
Whereas, the City Council in regu-
lar meeting assembled on the tenth
day Of October 1901, by resolutions
unanimously adopted did engage II. |
II. Ward Esq and Roberto. IIarman
E.,q., assisted by City Solicitor d. j.
kcnhardt Esq. 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 pur-
poses and paying for same out of sur
plus water money and
Whereas. The attorneys for the
Mayor and Counci! 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 assumed by
them in making this purchase Of land
and paying for same out Of the water
rents Of the city and
Whereas, Acting upor this opinion
which is now on lilc and u record of
this council it was decided to instruct
the finance committee to retain the
services of II. II. Ward and r. G.
IIarman, for the purpose of main.
tanning the stand taken by the Mayor
and Council in suit agreed upon by
the attorneysfor the Bolrd of Water
Commssionsand the Mayor and Coun-
Gil and
Whereas the result of this suit in
the Superior Court has been a decision
favorable to the Board Of Water Com
missioners yet it is the opinion of the
attorneys for the Mayor and Council
that the Superior Court erred in its
decision and that it is to be reason
ably assumed that the Supreme Court
If tho State will interpret the act
rcating The Board of Water Com.
lissioners IN keeping with the opin-
ion Il, presented by the Chief Justice
N his dissenting views from the !
majority of the Superior Court and i
Whereas, the interests depending
lpon final decision of this case are
u much Importance to the taxpayers G
nasmuch as the City Council antici. I
pated upon receiving certain moneys
rom the departments at The end of ; ,
'ach year, the same to be applied to t
he redemption of water bonds and !.
Dlhcr expenses Of the city and d
Whereas, 1t is taken to he the sense [
If this body that the best interests c
If the city would be served by cstab-
ishing in the highest court in the
state, the interpretation of the act
'reating the Board of Water Commits \
'ioncrs for upon the final determina- s
ion by saidcourt, there rests SO much n
hat is OF vital importance to the !,
Welfare of the community, in view of +
he enormous outlay of money ncces- ~
AIRY to complete the operation. that :
t is the sense of this council that be. r
ore oDcralons Of such magnitude as a
Ontemplated in the building of Tic I
eseryolr and in view Of the division Il
t opinion of the honorable judges of Il
he superior court on the question, it
) the duty Of this body to secure IL
ccision from the Supreme Court of
Afp1N 1.