Evening journal., 1902-02-15
Majority Of Court FaVOrS Pur-
chase Of WeIdin Farm
CHIEF JUSTICE LORE DISSENTS
Judges Crubb and SpruanCc Decide
FavOrabIy to the Action Of
City Department

The Bo8rd Of Water Commissioned
has the right to purchase property
for reservoir purposes out of the sur
plus funds of the department This
was the opinion OF a majority of thel
Judges of tine Superior Court this morn |
ling, when they decided for the plain
Iuns in the case of Thomas II WeldlnI
and the Board of Water Commissioners
VS.. the Mayor and Council of Whining |
tom
The action was To recover uhe COM
tract price ON the Wcldin farm, inl
lBIandywine hundred. on which the
board desires 70 build a new reservoir
1.-THE board negotiated for the purchase
az the farm. but when a check from Che
department in part payment for The
property. reached City Auditor Bough-
, man ne refused to approve &C. believing
that the board had not the authority 20
buy the land City Council subsequent
lly sustained the opinion of the Audi
ltor thereby precipitating the suitwhich
lhas already cost the city at least 81
l5OO. It has been said that Council will
| lappeal the case. and Thereby subject
the city to even greater expense. Talk
of this character so incensed many
@ prominent men today that They sug-
% gostcd the calling of a condemnation
- injecting. hoping thereby to prevent
y Council taking the exceedingly unwise
O. step
,- Argument I'm the case was made fol
r The FIRST time fin November by Robert O.
o Hartman and Herbert II. Ward foi
n Council, and William S. Hilles and
John p. Nields the Water Commission.
IS lers and Mr. Weldin..
'e Many Lawyers Heard Opinion
M There were many members of the bal
y present whon. the opinions We're read
,r Judges Crubh and Spruance declarc
lthal ule plaintiffs had uhe right the
assumed while Chief Justice Lore de
cided TO the contrary.
Tn his opinion Judge Grubb said, d
part:
u "The determination of this Questio
u requires the careful examination an
proper construction of chapter 2O5, vol
ume IL. Delaware Laws, entitled "A
ll lac5 10 establish q Board of Wate
Commissioners fer the city of Wi
mington, and for other purposes.
"Under this provision and the city
general corporate powers TO make con
tracts, and purchases take and. hol
real and personal property, the powe
ty during all said period to purchase an
ed pay for land for water supply purpose
ci- lout of money I'm hand, seems to haY
st been exercised without question or fu
.at Iuher authority. Indeed, the power
a borrow money to pay for SUCH real "a
y +" tate seems to have been also exercise
ar until 1S43
.ss Between 1867 and 1888 the Council
nm management of dhe Water Departmel
n seems To- have become inefficient, o
otherwise, unsatisfactory
II, After covering the question an
M It's phases, Judge Grubb concludes
M the following words.
MM MM I'm this suit Judgment should be rel
w. dered i'm favor of the plaintiff for "
T. sum demanded therein, besides COS
.,- ..,- of suit
ing "The right of the plaintiffs to recoy
Ily I'm this action depends upon the que
eV- ltion whether the defendant corporatic
through the agency OF its Board
up Water Commissioners, has the power
purchase the land in question. ana
NJ. nav for the same from tine incon
lhn rents and receipts Of the water woi
on of said corporation in Che hands
said board. The solution of this Qd'
oil, ltion depends upon the construction
'ere be given 70 the act. entitled An
ten no establish q Board of Water Comm
sioners for Che city of Wilmington.
ng- other purposes. passed April is. ia
In lbeing chapter NJ, Laws of Delaware,
lder amended. The contract sued up
fore while made i'm the name of the corpo
age. ltion. the Mayor and Council of "
rge. imington. was so made by and uhrol
to- lthe agency of said Board of wa
Commissioners. and so far as appe'
without the approval or consent OF
CITY Council or any other agency OF
,bo corporation.
une "If the said board had the power
.4. make said contract the plalnuns ]
'',,o ~, recover thereon. otherwise they can.
-. 80 and the power Of said board If 1t eAl
'''''' must be found within said act OF A
f,besl1S, 1888, as amended ,
,,t. - ''By section / of said act the cit
~ ~ authorized Through the agency q
,t,.l Board of Water Commissioners,
!. hoIfake. convey into and throughout
p. ? ~ lcitv. the water of the Brandywine n
from any point on said river OF o
wholesome water. and may acquire
hold lands real estate, personal p
erty. laying pipe, constructing r'
loore- voirs. and take and hold lands
was water rights for supplying the citi
er ID. with good and wholesome water.
The auere we have conferred upon
iment city fullest power to acquire and
$3.50. and if this power is not Unite
qualified by any other act, the
b-7rd had full power to make the
n the tract sued upon.
w the "The provisions giving to said b
4 pro the power to acquire real estate
N the water works evidently refers TO
called mode of payment for the same,
IS. there is no reason to limit such