Evening journal., 1914-02-13
THIS FINE
UP TO COURT
City Council VIII Ask Judge
Churchman if Clark Fine
Should be Refunded
SLOWER CUTS ARGUMENT
TOPREVENT "APOPLEXY'

Members OF City Council who have
been quiet for several weeks. engaged in
other discussion last night. when IN,
matter OF rcfundng a fine Of $3.50 inn
posed in City Court ON George Clark for
breaking a i've alarm box TO send in an
alarm again came mp.
The letter from Mr.. Clark which was
received &C a previous meeting had been
referred 10 the finance committee which
committee last evening returned rc.
port 60 the effect that Council had nc
Jurisdiction in the matter.
The debate upon the subject became
20 warm. however. that Colonel Stover
chairman Of the finance committee. final.
Isl withdrew the report. stating that ht
feared some of the Democratic member.
might get apoplexy if the debate con.
iinued.
Councilman Jacob Zimmerman dcclar
ed that the line upon Clark was "out
iagcous. the worst thing / have ever
heard off, Tie challenged Colonel stoveI
10 state what hc would DO under like
circumstance and declared chat any
man with any sense would have done
mann waXcd So warm that Mr. Stoyci
WAS forced TO rise to a point ot order
and President White silenced the turhu
lent gentleman from the First ward with
sharp rap of his gavel.
When the report was first sub
mitted AIR McDormott objection on
the ground that the letter had been
referred 20 the finance committee IN
stead of to the committee of the
whole. lie said he believed the fno
should De rcmitted. az Clark could
not get the fire box key. and az there
was lire there. there was nothing
LETT for him TO do but smash the
box
Colonel stover asked Air. McDer-
mott II ne was familiar with all the
circumstances of the case, TO which
the latter replied he was not, but
knew crbugh about Il TO know the
iine should be remittod.
AR. Zimmerman then stated that
the fine was outrageous" and agreed
with Mr.. McDormOtt that the matter
should have been referred 90 Coun-
eli as "a committee of the whole. He
declared that everybody knew the
situation I'm Wilmington at the pres
emit time, and asked what "a man was
10 DO In case OF "a fire when he could
not ind the man who had the Gre
box key.
Councilman McGoldrick was om-
phatic I'M his statements that the nne
should be refunded and gave what
be considered logical reasons why II
should be done He declared that he
believed Il 20 be one case IN which
Council would make no mistake In
rclunding the fine. He declared tina,
Clark had tried TO get the key and
could not do n. and the only thing
left for him 20 have done was To
run to the nearest engine house and
summon an the companies ON that
district by telephone. He said that
few seconds time made q big an.
ference IN case OF a fire. and hC
quoted the case of a Ere at Fifth
and Monroe streets, whero II took
the man who discovered the IRE aiA
minutes 70 get the flre box key. The
fire in the meantime had increased
so rapidly that 100000 damage was
done. He declared that CLARK had no
intention of violating the law, and
stated that Judge Churchman had no
other alternative under the law but
20 impose the fnc. He mentioned
the fact that Judge Churchman had
sent a request 20 Council to have
them pass an ordinance granting the
judge discretion IA such cases to
show that the judge himself did not
think the iino should have been im-
posed.
Colonel Stovcr mentioned that there
mere several circumstances connected
with the ease that the members were
not familiar with and said that in order
to be- charitable he would not discus
them ia public. He stated that certain
things had been brought out at the hear.
ing in City Court that the members
should be familiar with. He said hs
would vote to remit the hne II Judge
Churchman said IL should be remitted.
"for fear some of the members might
get apoplcxy, 1 viii withdraw the report
and make n motion that the judge oi
the Municipal Court be communicated
with for an opinion said Colonel Sto'
yer. The motion prevailed and action
was deferred until next week.
The report of the finance committed
upon Mr. Clark's letter was as followsi
Referring 90 letter of George
Clark. dated January 20, 1914, re-
questing that the Council refund to
him "A tine of 1890 which was im-
posed upon him in the Municipal
Court on October 27. 1914, for
breaking OF fire alarm box No. az.
your finance committee respectfully
recommends that said request be
denied for the reason that the
Council has no jurisdiction in the
premises. and that Mr.. Clark be 80
advised.