Evening journal., 1903-08-08
CHANCELLOR HOLDS
UP WATER DEAL
Restraints Commission From
Proceeding Under Contract
With Filtration Company
WORK OF CITIZENS COMMITTEE

to si2 head For Every Man, wo-
man and Child Living in Whining
ton.
on the application OF Thomas +. Bay
ard. Chancellor Nicholson yesterday
granted restraining order preventing
the Water Commission from proceeding
under the contract with the United States
Sand Filtration Company, and also pre-
venting City Auditor John Boughman
from signing the check for $4,000. In
part payment for plans until the case can
be heard In court. The application was
made In Dover. but the hearing viii be
held in this city on August Is.
Mr.. Bayard filed the bill OF complaint
as attorney for Jerome B. Bell. Alfred
Gawtrrop and Archibald s. Reed. citizens
and taxpayers Of Wilmington. ana also
members OF the Citizens Association. It
sets forth that the Water Commissioners
entered into a contract with the United
States Sand Filtration Company for GER
tain plans for "a water plant and that on
August 4. the present year, the payment
of $4,000 was ordered on account of these
plans
]
taxpayers in the city Of Wilmington and
as such have proportionate share of
the expense OF this water plant to pay for
and mat they have no redress in the pres
ent case except to apply to the chancellor
for relief. II is declared that the petition
ers have been informed that the contract
was never examined and passed upon by
the city solicitor as required by an adm
ance oi the city and that II IS contrary 20
the Jaw OF the General Assembly passed
April IS. 1883. concerning this matter and
therefore is void
The petition asks that Joseph =. Pyle,
Jam .s r. Jones and Peter J. Ford. the
members Of the Water Commission be re-
strained from taking funther action under
the contract and that John Boughman,
the city auditor be restrained from Sign
ing the $4,000 heck which has been
orawn TO pay fOr the plans until the case
can be heard.
Continuing the order states:
1--WE are informed. and believe that the
agreement dated March 81 1909. was ex-
ecutcd and delivered IN manner ana
form contrary to an act OF the feneral
Assembly Of the state of Delaware,
and passed az Dover, April is. 1883 and
is not binding upon the said Joseph
pyle. James T.. Jones ana Peter j.
Ford. as members OF the Board of
Water Commissioners"
After the petition was read Chancellor
Nicholson issued the restraining order as
asked for and made the rule returnable
next Saturday.
AT that time the case will be heard and
II the chancellor decides that the contract
Is void the Injunction will be made per-
manent, but II he considers that IL IS in
effect then the temporary restraining or
der Nill be vacated ana the company viii
be paid for the plans.
Copies OF the restraining order were
served upon the city auditor and the
members Of the Board of Water Commits
sloners yesterday afternoon.
Tha commissioners will take up the
matter at the meeting next Tuesday af-
ternoon.
while next Saturday has been named as
, the day for the argument Il is not likely
Il will take place on that day as both j.
Harvey Whiteman, special counsel for the
Water Department and city Solicitor
Hafman are out OF the city. Assistant
City Solicitor Baldwin Springer will prob
: ably make an application for contlnu-
ance until such a time as Mr.. Whiteman
I and the city solicitor viii be home.
, One Of the important points that viii
? probably be argued against the Water
, Commissioners when the case comes up
Is that where such a large amount OF
money Is involved, bids should be asked
for. unless In their judgment Il would be
: advisable not TO enter into a contract.
, In this case the commissioners did enter
/ into contract but never advertised for
bids.
! Citizens in all parts Of the city are
. commenting on the matter today and are
7, hoping that the injunction win be made
. permanent. Citizens in general feel that
the city cannot make such am expendi-
ture as SlOO0,0O0 which It Is estimated will
= be the cost Of the reservoir TO the city
d before 1t Is completed. IL would probably
n increase the tax rate. which would not
doubt hurt the city.
10 The total cost Of the new reservoir. q
8 all the proposed plans Of the commission
p ers IRE carried out. viii be about S12 foi
:. every man. woman and child in the city
: Those who have large taxes, however, Il
;, would probably cost 500 or 500. II Il
q this which has aroused the citizens and
= caused the action taken yesterday as th'
!, money comes from the pockets of the tax
r payers and they want 10 know just wher'
Il is going.