Every evening, Wilmington daily commercial., 1918-06-28
COUNCIL REFUSES
TO SANCTION THE
GARBAGE CONTRACT
Holds That il Should Have Been
Made for Period of
Three Years.
A DIVISION OF OPINION

what are we goin' to do with our
garbage From the present outlook 1T
seems as though this might bc the qiles-
ton that will confront every W IlmIng-
tOnian because Of the disagreement over
the legality Of the contract awarded tins
week to Sylvester Haley, for a period OF
eleven months for the collection OF gar
bage, bv the Board of Health. Clerk OF
Council Homer G. Summons yesterday
afternoon refused 10 sign the contract
until City Council had taken mp the
matter and at last night : session OF
City Council II was evident that ma
Jority Of Councilmcn are of the opinion
that the Board Of Health has broken
confidence with Council
Councilman Kane SAID It might be q
bitter dose for Council 10 swallow IN
acceptIng the new contract. but he
thought il would have 10 hc done, as the
Board Of Health had awarded the con
tract on the word of City Solicitor Bay
ard the legal adviser OF the city lie
asked the question Nv no is going To
advise Council II not the CIT, solicitor"
lie also added that he thought Council
would have to pay the bull
Councilman Robertson spoke % the
ordinance under which the garbage col
lection and removal contracts are let and
said that IT was PLAIN that thus contract
had to be let for a period ot three years
In continuing, he said that # the CON
tract accepted by the Board Of Health IS
entered INTO the contractor cannot he
held under any circumstances, neither
can his bond he collected AS the contract,
according to the city charter, IS void
MIR Robertson spoke oi tho meeting
with the Board Of Health last Thursday
night and Of how Council had at that
time promised to back he Board of
Health in any contract that was legal
and that he was Of the opinion that the
Board Of Health had promised TO re-
advertise for bids for the period OF three
wears He offered a resolution that Coun-
I'll refuse to approve the contract entered
into by the Board Of Health
Councilman Ward SAID II was clear IN
his mind that the contract to be legal
would have 10 cover a PERIOD Of three
wears and that il was possible for the
cltv solicitor 10 be wrong lie sand he
thought that without doubt II the con-
tract was approved there would be trouble
Councilman Kane took the floor again
and said that he did not think Mr..
Robertson 5 resolution would save the
city any money and that he was not
gong 10 vote lot III, lliaSIidEA - f4V
thought that il might get the city IN
trouble
When the vote was called the follow
ing voted for the passage of the resolution
Johnson, Atkins, Robertson, Hopkins,
Ward, Forwood Harrington, Melon
ough, LYON and Cathcart, and tAe nays
were Mcssrs Abbcrger and Name
nder the contract, as awarded by the
Board Of Health, Mr. Healy was 70 start
work next Monday, but what action vii
be taken now IS not known.
AT the Board Of Health Office today II
was stated that no arrangements have
been made for collecting garbage after
this week, when the temporary contract
expires Both President Ellegood anc
Secretary Cahill SAID that IN view of the
fact that the board had acted under the
advice of the city solicitor, they could
make no further move, without further
advice from that official. When City
Solicitor Bayard was asked about the
matter he said he did not consider tha
/ il was up to him. though later he conferred
with President Of Council Lyon anc
Councilman Robertson, presumably II
regard to the garbage matter, but wher
seen by representative OF Every Even
ing he insisted that it was not up to him