The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1902-02-04
Street and sewer msstIas

j Street and Sewer MsstiaE
The Street and Sewer Director
met this morning 1t 10 O'Clock and
the We!shach Light con tract was act.
ed upon and laid over for final actor
until this day week.
Director James Carter presided.
City Solicitor ,keinhardt rendered
the following opinion:
Wilmington, DEL,
Feb 4tb, 1902.
To the Board OF Directors OF the
Street aud Sewer Department,
Gentlemen Your letter Of Jauu.
airy 22d. has been received. In 1t you
ask my opinion Us to the validity Of a
certain con tract between the Wells.
bach Street Lighting Com pany Of
America and the Mayor and Council
OF Wilmington. In reply l bog to
submit the following:
There 10 no such contract on file
in this department nor Is sthere any
record In this department. OF any such
contract even being executed. The
minutes of the meeting Of the Board
OF Directors Of this department dated
June rs, 1901. dlscIoses that a con.
? tract was awarded TO the Wels bach
Street Lighting Company Of America
to light and maintain five hundred
ana eighteen more gas lamps fitted
with Its improved fixtures as pei Its
recent proposals as may be determined
and directed for street lighting.
There Is no record OF any other
meeting Of the Directors Of this de.
partment at which the subject Of
street lighting was discussed until
the meeting Of December 81, 1901.
In the minutes Of this meeting of
December 3lst, 1901, find the FOL-
lowing.
On mention Of Mr.. Faliey a term
OF lOycars was fixed for street Light
Ing contracts. am reliably inform.
cd that the term Of 10 years for which
the Weisbach contract was to run
was discussed at.this meeting OF DE-
cember 81, 1901, and that Mr., Web
ster one OF Directors stated publicly
at this meeti: 6 that he would vote
Tor term-bf 10 years for the VII.
mington City Electric Co. contract
and that he would not vote for the
Welsbach Co., Contract. lie further
stated that he might vote for a term
OF one, Two or possibly five years for
the Welsbach contract but for no
greater term. 1t therefore appears
that as late as December 81, 1901.
the matter Of the term for which
the Wel.;bach Contract was to run
was undecided.
BY the courtesy of the Wslsbach
Company received copy OF their
copy Of the alleged orr inal con-
tract From this copy i find that
the contract is dated June q, 1901,
that it is executed by the Welsbach
Company and John C.. Fahey. MAY.
or OF Wilmington, and attested by
VIM. p. Morrison. Clerk OF Council,
that the contract is to run 10 wears
commencing January LIST, 1902,
and that under its terms. the We:s-
back Co.. is to supply this city with
looO or more incandescent gas Ian
terms, Of so candle power each, alta
cost OF $50. IS, per lantern per an.
num- Under the facts aud circum.
stances as | have stated above, |
am OF the opinion that this alleged
contract is invalid and void, Tor,
several reasons.
Alter which the following resolu.
tons were offered:
Whereas, There has been placed
in the city of Wilmington certain
appliances known as "Welstach
stree, lamps" and
Whereas. The city solicitor has
rendered an opinion which is ad.
verse 10 the legality OF a contract
alleged held by "The Welsbach
Street Lighting Company of Amer
lca' and
Whereas, Said lighting applI.
ances have been placed upon The
streets Of the city Of Wilmington
without proper authority and di.
rect:on. therefore he 1t
Resolved BY the Board OF Dl.
rectors Of the Street and Sewer De.
partm.nt Of the city OF Wilmington
Del, that the Secretary OF said
Board be and is hereby dire tied 20
notify the said "Welsbach LIZ htinp
company OF America Of the de.
'slon OF the City Solicitor; also
hat the Board OF Directors Of this
Department do hereby repudlate
he said alleged contract and any
other contract Tor the lighting Of
he streets Of the city of Whining
on with gas: therefore the Secre-
AIRY is hereby further instructed to
lotIfy the SAID "Welsbach Lighting
company OF America" 10 immedi.
'tely cease the lighting of all gas
amps OF any and every description
the city OF Wilmington, Del, aud
remove its appliances from all
amps and posts that It may have
laced therein or thereon.
The following gentlemen were
resent as spectators: =. j. Ford,
. B. Bell, Walter HAYES. II. c.
ray, A. Gawthrop, D. Lemon, W.
aulsbury, Archie Reed, Harry II.
liller. Councilman Hamilton Stew
TT and others.
DOt s,l.