The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1902-02-15
SUPERIOR COurt,

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case grew out of City Council
opposing the purchase OF a track
OF land from the Weldins by the
Board OF Water Commissioners
last November, and having the
first payment a check Of $40, 900
held up. The price to be paid
was $4,000 of which $4,000 was
to be paid at once and the re-
maindcr by March 25th OF this
year. After the check was held
up suit was brought against the
Mayor and City Council. The
case was heard at the November
term. Chief, Justice Lore and
Judges Spruance and Grubb sitting
The court disagreed in its decision
Judges Spruance and Grubb giving
an opinion in favor Of the Weltins
and Chief Justice Lore dissenting.
As it was known that the court
would give is decision in the
case this morning an unusually
large number of attorneys We're
present. Mr.. and Mrs. Weldin
were also in the court room but
none of the members Of the Water
Board were present. The city in
the care was represented by Messer
Ward and Hartman, and the We'll
din, by William s. Eilles and s.
?. Nields. The opinion of Judge
Grubb which was very lengthy
was read by Prothonatary Speak
man.
Judge Grubb in his opinion after
giving review of the case said, "The
sole question raised in this case and
presented for our consideration is
whether said Board of Water Commits
sionerS has power to purchase said
land for the purpose aforesaid and to
pay therefore from the income, re.
ceipts and rents Of the water works
in the hands Of said Board as aforc.
said.
After reviewing the Water De-
parlment from the time it was first
esta she'd, Until it was put under
the contract of a Board of Water Com
missioners in 1867. and up to the
present time he said. "These plain
and positive provisions Enthusiastically
disclose Il general legislative intent
and purpose to secure to the city OF
Wilmington from time to time in the
present and future, as its growing
area. population and needs require a
sure and ample daily supply of good
and wholesome water For the ade.
quale lultilIment OF this purpose the
Board is especially enjoined to devise
develop and maintain permanent and
gradually expanding system of water
work, for the city. In concluding
Judge GrGbh says: "In this suit
judgement should be rendered in
favor of the plaintiffs for the sum
demanded and therein besides cost of
suit.
Judge spruance who gave his opin-
ion, favorng Welden, said: "The
ripNt of the plaintiff to recover in
this action depends upon tho ones.
ton whether the defendant corpora.
ton through the agency of its Board
OF Water Commissioners, has the
power to purchase the. lands In ques.
ton and to pay for the same from
the income rents and receipts Of the
water works of, said corporation in
the hands of the said board
The solution of this question de-
peuds upon the construction to Ia
given to the act establishing a
Board OF Water Commissioners.
After giving a review Of tive act
creating the board. he said. Here
we have conferred upon said city
by the agency of said Board, the
fullest power to acquire, hold and
use real and personal property for
the supply Of water to the citizens
OF SAID city. and if this power Is
not limited or Qualified bv any 9th.
er provision OF said act or by some
other act, the said Board had full
power TO make the contract sued
upon.
After quoting more Of the act he
said: 'lhe provision giving to said
Board the power TO acquire. as
hereinafter provided eal estate Tor
water works evidently refers to the
mode OF payment for the same, but
there is no reason TO limit such
payment to a particular fund I'M
less such limitations. be found in
some subsequent provision Of the
statute.
Concluding, Judge Spruauce said
binding no limitation or qua.iG-
cation OF the ample power 10 pur-
chase real estate necessary for con-
structing reservoirs. etc. conferr-
ing upon said Board by said sec
ton !, aud nothing 10 prevent the
payment for such real estate out of !!
the leone OF the water works in
the hands OF the Boards. am OF
the opinion that judgment should be
rendered in layor of the PLAINTIFF
tor the amount payable to them
upon the execution and delivery OF
said contract.
Chief Justice Lore gave the dis.
scnting opinion in which he set out
that the Water Department had not /
the right TO purchase the land un-
der the circumstances. In his
opln.o he SAID in part:
"1ne question submitted to the
court is whether the said Board of
Water Commissioners had power
to purchase The said land Tor the !
purpose aforesaid, and to pay there
fore from the income. receipts and
rents OF the water works in the
hands OF the said board. The |;
three sslouers having de- ,
cided in their own minds that IS |,
acres cI land III Brandywlne hun
dred. are necessary for new res
crvoir and having resolved to pur-
chase the same, the question boldly
is. nave they the right to make
such purchase aud pay Tor it ont OF
the income o! the city water works.
flI,, ., al