Evening journal., 1903-09-14
FILTRATION SUIT
IN CHANCERY
Argument Delayed by Motion
Made to Amend the
Original Bill
CHANCELLOR RESERVES DECISION
The United States Sand Filtration
Company Brings Suit Against the
City For 100000 Before the United
States Court.

Thomas r. Bayard. counsel for the cit-
zens OF Wilmington dn the case against
the Water Commissioners, in tho Chan
Gerry Court this morning asked leave 20
amend his original bill by making the
United tsates Filtration Company a party
defendant.
willard Salisbury. one Of the counsel
for The Filtration Company in the ease in
stttuted by that company against the
city. In the United States Circuit Court on
Saturday for 100000 damages objected to
the amendment being granted.
City Solicitor Harman appeared for the
Water Commissioners. Chancellor Mich
olson reserved his decision until tomor-
row morning.
II was the regular September term Of
Chancery Court and the calendar was
gone over and several cases disposed Of.
When the above case was reached Mr..
Bayard made the motion referred to. Tho
amended bill except naming the Filtration
Company as a defendant only differed
from the original bill I'm one paragraph. In
this paragraph II set forth that the COM
pany had never conformed with the laws
and requirements of chapter 5l3 volume
20. laws OF Delaware, which requires for
eign corporations TO file the name of a
person or agent upon whom service Of
process may. be had with each of the pro-
thcno.aries. in each county in the State.
before Il shall engage in, prosecute or
transact any business of any kind, with
in the limits Of the State"
Mr. saulsbury opposed the amending cf
the biz on the ground that suit had al
ready been brought in the United States
C1rcuit Count by the United States Sand
and Fi.imtiC7 Company against the city.
lie claimed that after another court had
assumed jurisdiction Of tho matter the
Court IN Chanccry would not grant the
motion to amend the bill.
Mr.. Bayard claimed that Mr.. Sau
bury and his client were in contempt
OF the Court Of Chancery by reason Of
having brought the suit again.t the
parties who had been restrained by an
Injunction from acting. The chancel-
lor said he would give a decision to-
morrow morning. Among others who
werc court when Mr.. Bayard made
4 the application were Alfred Gawthrop.
Professor Robin and Water Commis-
sioner Jones.
Filtration Company Sues City.
A suit for 100000 was entered in
the United States Court on Saturday
afternoon against the city in connec-
tion with the hltering plant muddle-
This action caused no surprise as il
was intimated in the Evening Jour
nal" some time ago that such a thing
could happen.
City Solicitor Robert G. Harman does
not allow the matter to worry him for
a minute as he is firm i'm the belief
that the western concern has positive
ly no evidence to produce that would
cause a decision 10 be rendered against
the city. He explains that the Water
Department did al in its power TO pay
the filtration company, and that the
Injunction preventing the payment !
the first installment of $4,000 was
brought about at the instlgation OF
Jerome B. Bell and other citizens. Had
the Water Department paid this sum
despite the order Of the Court of Chan.
Gerry, it would have placed itself in con.
tempt.