Evening journal., 1913-12-22
LEVY COURT
STIR OVER BILL
FOR OR PEIILIINCS
Resolution to Defer Payment
in Order to Get Decision
in Court
TAXPAYERS LEAGUE HINTS
AT RESTRAINING ORDER


ing of the Levy Court today present
ed the following resolution, which
was seconded by Mr Burris:
Whereas At the last meeting Of
the Court a bill of the Atlas Bridge
Company for driving piling at Third
street bridge was on notion of the
commissioner OF the second district
referred to the attorney of the Court
tor an opinion. and since such refer
ence it appears that the said commits
sioner or some other person has solic-
tied an advertisement of the same in a
Sunday paper, possibly by the agent
who failed in his enort to foist upon
the Levy Court and the county a diff
erent type Of bridge than the one
adopted and as such agent states in
his articlce that it is the desire of the
Taxpayers League to get decision
OF the Court on the legality Of said
bill. therefore. be il
Resolved that the vote be recon-
sidered by which said bill was refer
red to the attorney Of the Court, ana
said bill be passed and ordered paid,
allowing any such persons o. league
who so desire to test tie legality 81
the bill in court"
Mr.. smith said that he did not think
the resolution Should be adopted. II tile
bill be Just one it should be paid but
as it is hazy he did not think the bill
should be passed.
Mr.. Burrs said that so much has been
said about the matter he believed the
courts should settle it.
Mr. Scott said the attorney of the
court should give an opinion. He said he
wanted the press to tell the public that
Mr. Gooding had a right to stand on this
floor and oppose the bill,
Mr. Gooding did not believe any mem
ber but one in the court would vote
for the motion. The attorney practical
ly told him on Saturday that he needed
to consult with Mr.. Greiner. There IS
no hurry to pay the bill.
Mr.. Burris said now is the time to
settle the whole affair. Il do not care
if this bill is never paid, / care nothing
for the Taxpayers League" he said. II
we are wrong let us find it out. Let
this man who has been in this thing
push it forward"
Mr.. Scott said he could not see why
a change came over Mr.. Burris since last
week.
Mr.. Gooding asked Mr.. Burris why
the other six pilings are not on the
bill
MIR. Smith objected to the payment
of the bill today. 1T is important
that we get the opinion Of our at
torney" he said.
Mr.. Fouracre said the Atlas Bridge
Company did this work by direction
of the engineers. He believed the Levy
Court should wait until the Courts
attorney gives his opinion as to the
payment of the bill for pilinge.
"If the attorney gives his opinion
in favor of paying the bill, then
will vote for its passage" he said.
1--WE are to settle all controversies.
From the reading of the contract, the
engineers have the right to order
special work done Immediately when
necessary.
"When parties enter into a contract
then it is binding but the thoughts OF
the members, the spirit and intent OF
the court cannot be shown
Mr.. Burris said he took up the matter
of the three piings for the Ulrica with
the court The people want the Court
of Chancery to decide this bill.
President Groves said he understood
the Taxpayers League wants the chan
cellor. to review the case. 1t is said by
the league that an application for re-
straining order has already been drawn
LET US go right up to the highest au
thority.n - said MIR. Groves.
Mr.. Scott said he was surprised thai
the members of the Levy Court should
put faith in The Sunday Stars state
ment
Disgruntled Republican Office holder
are at the head of the Taxpayers
League. he said. 81 have all my lit'
been connected with preachers in m,
family coming from both sides and whel
/ entered their presence 1t was VIII
muffled feet he added.
The motion was laid on the table TO
the present.
It was announced in The Star yes
terday that the Taxpayers Leagu
proposed instituting injunction pro
ceedings to prevent the payment o
the bill for the piling which wa
driven at the Third street bridge.
The resolution was presented b
President Groves, in order TO get IN
matter before the Chancellor at once
Consulting Engineer Greiner was ou
of Baltimore on Saturday when Ju
liam C. Walker. attorney for the Lev
Court called him. Mr.. Greiner is eN
pected here IN a few days ana the
an opinion from Mr.. Walker will b
presented to the Levy Court IN
clause in the contract on which OF
lection to paying the bill is based is
"The contractor shall be respons
bic for the maintenance of the worl
loss by fire, storms, freshets, or othe
accidents until final completion an
acceptance and no claim shall !
made for removal or of rebuildin
any work damaged or destroyed b'
fore completion and final acceptanc
"The contractor also agrees to al
sumo and bear and indemnify ii
Levy Court against all loss and dan
age and claim therefore arising fro
injury to persons or property. eau
ed by the work undertaken by II
contractor, whether such injury
done to the property of the Lev
Court. OF the contractor or of oth'
persons, or to the employees Of II
contractor or to any individual"
The incorporators of the Taxpayer
League are Henry r. Spruance, Wa
ter T. Sillitoe. John Paris, Jr., Rol
ert p. Fletcher and Charles A. Bee