Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1902-01-30
BOUND BY LlNN'S ACTION
Must Stand by His Order Of SafGty-SateS
for Third Street Bridge.
THEY GAVE IT VIRTUAL APPROVAL
BY Meeting There and Discuss
ing the Subject.
THE COST WILL Be $1,000 OR $1,000

morning. portrait of the late Presi-
dent William Mckinley looked down
from the wall above the head of Chair
man Willis. 1t was the gift of Mr..
Hinder.
With reference to an order to the
American Bridge Co. from John Lynn,
while he was president of the court
for automatic safety gates at Third
street bridge, Mr. Chandler submitted
the following letter to him from At
torney Henry G.. Conrad:
Regarding the matter of ordering safety.
gates Tor bridge al III bird street, | would say
thnt while 1t Ia evident from the infOrml.
tion given TO me that the order for the gates
was given by one member of the Levy
Court aloEe, without The direction or con
currence OF the court itself either al that
time or by subsequent actiun, yet believe
that the Levy Coutt would in law BIZ held to
the contract. This opiEion is based arrely
upon he fact, as stated by you to no. thnt
tho Levy Court rs a nody met on OF near
the bridge after the order had been given
TOR the safety Rutes, anu that the matter of
safety gates wis discussed somewhnL at thnt
time, and while no action was taken by the
court on the sub ect. yet 1t seems to me the
whole subject WIS ut that time brought TO
the attention OF tie court in was shat
wCu'd bind them to the contract, though II
duty ives upon tho court to d savow liability
for the con ract as sion rs 1t was brought
to the know ledge Of the members that such
contract had been mage. aud falling 10
taEe action looking to tie disavOwAl Of the
contract, there would be an implication
arise in law that would bind the court to
the contract. The gates seoTn to be Il public
necessity. The only thing to be done now rs
regards the order for their construction is
to closely scrutinize the bill when it is
presented and see that an oyercharge has
hot been made. / do not believe that the
contract itsolf could be successfully resisted
IN a suit brought in court 10 enforce it.
Mr.. Chandler stated that he did not
suppose that the gates were going to
cost more than $500, but it appears
that they will cost $1,000 or 81, 300
complete.
Attorney Conrad said that it had
grown to be the custom for single
members of the court to award con
tracts, and sometimes these contracts
were ratified by the court and some
times they were not In this case the
Levy Court as body seemed to have
had some knowledge Of it, and did not
disavow the contract.
Mr.. Armstrong expressed the view
that the discussion of subject outside
the court room was not binding upon
the members. He did NOT recall hear.
ing the safety gates subject discussed.
Mr.. Megginson said that he was a
member of the bridge committee of
which Lynn was chairman. The COM
mittee concluded to have gates, but no
action was taken by the court. 1t APP
pears that Lynn ordered the gates. but
he. Mcgginson, learned nothing more
of them until he heard they were ex-
perimenting on the gates and later
that they were ready. He thought
they would cost 5000.
President Willis inquires of Mr..
Conrad; Can 7 go and give an order
Irrespective Of the courtY"
The attorney replied that if he took
some such action in his district and
reported it to the court and that body
offered no objection, it would be bind
ing
Mr.. Ewart drew attention to the law
requiring bids for work and labor and
materials of more than $500, and won
dered if the court, by going in u body
and deciding outside meeting to do
thing, could get round the $500 re-
quiremcnt.
Mr.. Conrad read the section of the
law in question, which SAYS if the work
will probably exceed $500 bids must
be asked. The attorney reasoned that
if the gates were expected not to cost
more than $500, the action was bind
ing on the court: and if they were
expected to cost more than $500 vet If
the court took no action disavowine
the contract, it appeared to have waived
any right it may have had to insist on
the formality of the section.
The discussion Of the subject brought
out that the recollections of MessTs.
Chandler and Megginson varied from
each other, the former thinking the
court conferred on the gate subject one
morning, and the latter in the after
noon. ..-..
A bill of the American Bridge Co..
for 81, l3l.09 was reported upon favora
bly, by Mr., Chandler and referred to
the comptroller
Pursuant to the direction of the
court, Clerk of the Peace Quigley paid
receipts from fine, and costs and other
items, of sl,S57, 81, to County Treasurer
Rettew. OF this amount, S2O2 so was
for iunk-dealers' licenses; 800 for
pawnbrokers licenses; $40 for register
ing dogs; $3.50 for a forfeited bail
bond, and 81, $40. 81 for fines and costs
.NDAtlli 4ANlttLiNl hth diSD DteT
directed to turn over county money in
his possession.
Have you heard from the sbcrifr?''
asked Mr.. Willis Of Deputy County
Treasurer Burns
mo, sir.
WAS the sheriff notified?' .-
Yes, sir, answered Clerk Janviar
Mr.. Armstrong moved that Il com
mlutee be appointed to wait upon the
sheriff and report ut the next meeting.
The motion was carried, and Messrs
Armstrong, Ewart and Elliott were
named as the committee.
The sheriff was asked by a reporter
as to his probable action, and be was
silent
Mr.. Ewart reported that he had sent
a letter addressed to Thomas Brown at
Wilmington TO ask him about his bill
Of s.. 3S, which came from Mr. I4ynn's
district The letter had been returned
by the postolilce people. Mr.. Ewart
was informed by members of the court
that Mr.. Brown lived at Elsmere As
the bill was believed to be all right ii
was sent to the comptroller without
further investigation.
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Station to he Discontinued