Evening journal., 1908-11-30
TOWNSEND HAS
NOT DECIDED
Declares He Has Not Refused
to Approve the Filter
Contract
TWO POINTS ARE TO
BE CONSIDERED


Two letters from City Solicitor Town
send IN relation to the final flter contract
were read at this mornings meeting OF the
Water Commissioners. one was the LETT
ter published on Saturday. In which he
presented some Of the difficulties in the
way OF approving the proposed contract
with Coleman Brothers, of Boston. The
purpose of the other letter was to explain
away any impression that might have
been made by the letter published on SAT-
urday that he would refuse TO approve the
contract.
MI Iownsend's letter is as follows:
November 30, 1905
Board or Water Commissioners, City
Gentlemen: A conclusion seems to
nave been drawn from my letter to you
OF November 2S, to the effect that /
would refuse to approve the contract
Tor the construction OF filtration
plant for tho city. I have not made
any decision either way, nor am 1 able
at this time to tell you what my de-
clsion win be.
one OF the statements from which
such conclusion might have been
drawn was that 10 the effect that
had told you more than two years ago
that | would not approve contracts in
cases where the actual and anticipated
revenues were insufficient TO pay the
contract price.
/ still take that stand under section
II Of the city charter. as amended,
which provides: "The funded debt OF
said city shall not exceed the sum now
authorized by law except in the man
ner following (provision is here made
for creating bonded indebtedness) and
the said funded debt being 81 limited,
The Mayor and Council of Wilmington.
or The Council of Wilmington shall
have no power or authority
to contract or create any debt or la
bility. or to make any ordinance for
borrowing Of money or contracting or
creating debt or liability. except ordi-
nary debts and liabilities IN the com
mon course OF carrying on the work
and business OF the said city, to be
paid out OF the taxes. rents or receipts
Of the year for the time then current.
-
Another statement from which such
conclusion might have been drawn was
that 60 the effect that until Council
had acted the sale OF Eight Hundred
Thousand Dollars bonds could not be
compelled
further stated that Council had
acted by the passage OF an ordinance
for the sale of all these bonds, hut
called YOU attention 20 certain sce1Nng
difficulties which might affect the sale
Of the bonds; also to the necessity
should the contract be valid, Of an In
creased tax rate or special tax levy IL
the bonds could not be sold.
'The only questions / have now 10 de-
termine are %. whether or not the PONDS
are saiable. and C2) whether or not Coun-
eli can be compelled by mandamus pro-
ccedlnps to sell them. II l can decide
thcsc two questions In the affirmative, 1
viii approve ihe contract II ] cannot, 1
shall refuse to approve II for the reason
that I am not going TO be responsible
for amy act that could possibly cause an
increased tax rate or a special tax levy.
IL have worked steadily since receiving
your letter. but I have not had sufficient
time to dispose Of these important ques-
tions.
II have list Of authorities bearing on
these two points which l am now examin-
ing. and as soon as this examination is
completed a report will be made to your
board regardless OF what action you may
take in the meantime.
81 may be able TO clear all OF these mat
tors up. For instance, since Saturday 1
have ascertained that the bonds dated
May /, 1907, were signed by officials whose
terms OF office began on July /, 1907. 1
have also found text book references TO
decisions that the ante-dating OF bonds
does not necessarily render them invalid.
An examination OF these cases may show
that bonds dated May l. 1907. as required
by the Legislature act and signed by the
present Mayor, auditor and treasurer
will be rated.
''Your board will realize that in the
preparation OF this opinion. / am attor-
ney not only for the Water Board. but
for the Council, which two departments
have not agreed on the advisability Of
expending over Se5o,OOO for filtration
plant.
with the wisdom OF such an expendi-
ture have no concern. 1 shah approve
the contract in accordance with my con-
illusions after a careful and unprejudiced
examination Of the law"
Chief Engineer Kienie reported that he
had conferred with City Solicitor Town
send this morning with a view to hav-
ing him appear before the commission
ers, but that he had been obliged to go
20 Philadelphia on business relating TO
the contract. Acting on Mr Townsend's
opinion that he might be able to present
a further report on Tuesday or Wednes-
day, the commissioners decided 70 have
a special meeting at the call OF the presi-
dent
President Shaw was quoted by a sun
DAY paper a. saying: I'VE will build a
litter u we don't sell any Of the bonds.
A special tax wll DO o." Tie was not so
enfhusasfic about the special tax later.
however. and explained that De had been
aomezhat provoked v.hen De- made tie
assertion. Hs thought perhaps that hs
"a not have ths rirhf 70 inumste that a
special tax would ~ leslsd
Tstnsii Brought Hons.