Evening journal., 1921-08-16
STARTS SUIT
To HALT FIRE
DEPT. PLANS
Continued from First Page.

Continued from First Page.
side and City Solicitor Satterthwaite
had replied, Chancellor Wolcott re-
fused to grant a restraining order,
but issued a rule on the Directors of
Public Safety to show cause why a
preliminary injunction should not be
issued. It is returnable August 23,
at Dover.
Argument on the petition will
took up a greater part of the day
City Solicitor Reuben Satterthwaite,
Jr.. is here representing the Depart
ment of Public Safety, and Directors
Smith and Wickersham, OF that de-
partment, are also attending the
hearing.
Immediately after filing his bill
Mr. Harman started his argument
for the restraining order, giving his
reasons as to why it should be
granted. He had not completed his
argument up until noon. His prin-
cipal contention up that time was
that section 13 of the act creating a
paid fire department was unconstitu-
tional because it provides for giving
away the city's money which he said
was in violation of the State consti-
tuition. He also claimed that the
directors of the Department Of Pub
lie Safety violated a provision of the
city charter by purchasing supplies.
etc, for the department in excess
of $50 without competitive bidding.
Section 13 of the act, which Mr..
Harman contends is unconstitutional,
follows: Within three months after
the taking over by the Department
of Public Safety of the real and per-
sonal property of the several fire
companies, the said the Mayor and
Council of Wilmington, shall pay to
the proper officers of the Volunteer
Firemen's Relief Association the sum
of $4,000, the same being in full
payment of all claims and demands
whatsoever"
Mr.. Harman argued that the
above section Of the act is in viola
ton Of Section of Article OF the
State constitution which reads as
follows:
mo county, city, town or other
municipality shall lend its credit or
appropriate money to or assume the
debt of or become a share holder or
joint owner in or with any private
corporation or any person or com
pany whatsoever"
BY giving away the $4,000, he
argued. the above section OF the
State Constitution had been violated
He argned that the. Legislature by
enactment cannot give away money
of a municipality and on the contrary
is specifically prohibited from doing
so.
Mr.. Harman next took up the point
that the directors of the Department
of Public Safety had violated a Sec
ton OF the Wilmington city charter
by not getting competitive bids be-
fore purchasing supplies that cos
more than $50. He contended tha
the directors bought 5000 feet o.
hose from the Goodrich Rubber
Company and 5000 feet from th'
Quaker City Rubber Company with
out getting competitive oids.
He also argued that the director
bought two engines costing $4,000
and two trucks costing $4,000 with
out first getting competitive bids.
The Wilmington attorney also at
tackled the action OF the director
in installing the screw couplings il
place of the snap couplings. He ar
gued that this was an unnecessar,
expense and consequently was no
conserving the best interests Of the
taxpayers and that further th'
couplings We're purchased withou
getting competitive bids.
Mr.. Satterthwaite defended ths
acts OF the directors of the new de
partment in their work OF organic
ing the department this afternoon
after Mr.. Harman concluded his ar
s11nnont