Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1911-02-18
LIGHT CASE
GOES OVER
Newark Will Fight for Gas
Plant in ChanCery Begin
ming March II
AFFIDAVITS ARE
HEARD IN COURT TODAY

Newark residents had their innings
! today before Chief Justice Pennewill
! I'm the Court of Chancery. The pro-
ceedings were on an application OF
J. Wilkins Cooch. Alfred A. Curtis
and George G. Kee' for an injunction
restraining the Council of Newark
from entering into a lease of the
water and electric light plant at
Newark with the Newark Water and
( Electric Company. TIL ZEE weeks ago
bids we're received for furnishing
light and water for the town. AT
special meeting of the Council held
on February the following report
was received from a committee APP
pointed:
After carefully comparing the bids
received from every standpoint we
unanimously recommend that Council
accept the offer made by the Newark
Water and Electric Company and
that the president and secretary be
authorized to sign a lease with the
Newark Water and Electric Company
to become effective at 10 o'clock noon
February IL, 1911, and to expire De-
cember 81, 1891 The advantage OF
NhN RAtii Ifduf ny Tue ANtM al MulNl
and Electric Company owe the other
bidder is:
/. They offer to install as many
arc lights or any other type of cleo
trio light when the town may desire
without cost of installation to the
town.
2. They offer to furnish current TO
the town at a ate of one cent per
! w Hour h.. J.
der.
As we recommend the immediate
installation Of arc lights on the Main
street the acceptance of this offer
means an immediate saving to the
town Of from $500 TO $500.
The saving in cost of current alone
In the first yea If the arc lights are
installed and Tantulum or Tungsten
Lamps are substituted for the present
carbon lamps will be S775.
If the town continues to grow as il
S has in the last ten years and addi-
uonal street lighting Is required in
proportion, the offer Of the Newark
Water and Electric Company Is by
far the most economical for the town.
We also recommend that the Town
] Charter be amended to require Coun-
Gil TO set aside not less than $4,000
per year from rental OF plant for the
purpose Of redeeming bonds
tSigned) J. p Wright,
ID. c. Rose,
Howard Leak.
Committee.
The report was adopted and the
plant at Newark was leased to the
. Newark Water and Electric Company
Edwin w. Cooch and Herbert Ward
appeared for the injunction petitioners
. today while Robert II. Richards and
Daniel o. Hastings appeared for the
Council and Charles f. Curley repre-
I scented the Newark Water and Electric
Company. Among those I'm court from
Newark were j. Wilkins Cooch, Sam
uel NJ. Dornell, Elmer Thompson, Rob
ert J. Morrison, Joseph H. Hossinger
Prof. Charles Penny. Alfred A. Curtis
George G. Kerr, Walter c. Curtis
\ Frank NJ. Luton, Theodore F. Arm
strong, William Kelley, George 4
Ferguson, G. /. Durnall, Edward Win
singer, A. l., Fisher, Joseph Dean
Norris Worrelll George Strahorn, viii
= mer Hill, Herbert Renshaw and Gee
b Bicking.
ie Among the contentious of the i'm
3 junction petitioners were that IN
Is lease was without warrant. i'm violation
J. Of the town charter, and that the New
d ark Water and Electric Company wa
D. not chartered when the lease wa
T. made. Affidavits were read. Joseph Il
n. hossinger in his affidavit presente
le copies OF the meetings of Council
l. These minutes showed that at tn
ts meeting Of Council on January 2 a
d ordinance was passed increasing tn
Of water rents. At the January meetin
n l.. b. Jacobs resigned He is the presi
dent of the Newark Water aud Elec
m trio Company. Mr.. Hossinger also al
e. legged that by reason of the increase /
the water and electric lights Their
would be a profit 10 the town whic
r had spent about $4,000 in equippin
te the plant.
le J. wilkins Cooch in his affidavit sal
at he had been unable to find the allege
Or lease for inspection and the Clerk {
TO Council did not have the proposal {
lie the Newark Company and said L. I
Jacobs president Of the company. di
"a not have a copy of It, The minutes {
er the special meeting on February /
to showed that Council approved the en-
lg gagement Of d. o. Hastings as specis
" council
III NAAlldlu n hennoQl. MEMBER (
he the Newark Council. said no publ
90 bids had been asked for by Council
that the Elk River Heat, Light an
re Power Company bid $4,000 for IN
s. lease for twenty years and the Newar
Water and Electric Company had Of
fered but $4,000 He said he was know
to be opposed to the lease and sal
l.. he received no notice OF the specif
meeting Of Council on February s 3
- which the lease was made until IL
~ o'clock that evening and the meetin
u was held at 7.30 o'clock. He believe
by no form Of lease has ever been al
proved by Council.
u Robert II. Richards at this pcir
= asked for the naming of date whe
affidavits would be filed by both side
The compliments withdrew the aft
davits read and II was decided Z
hear the argument, following the film
of affidavits on March IL.
BANK CLEARINGS
Clearing of the local banks for tn
week ending today amounted L