Evening journal., 1921-10-13
The Evening Journal Largest Circulate

AnWAt VlNANAAAHkof VI
upon by the Department OF Pub
lie Safety in agreements TO pur-
chase the same. IL said plan
is approved by The Council.
OF The Mayor and Council OF
wilmington, the said Depart
ment OF Public Safety shall pro-
ceed to acquire by gift. pur-
chase, condemnation as herein
after provided, or otherwise,
such real and personal property
as may be contemplated in said
plan. Any Fire Company may
reserve the right to accept or
reject the amount agreed upon
by the appraisers"
/ understand the City Solicitor,
who appears for the defendants, to
the Department of Public Safety
from the operation Of the ordinance
OF 1870 for two reasons. His first
reason is. that the legislative di-
rection that the Mayor and Council
shall do the work through the
agency OF the Department Of Public
Safety, indicates an intent to set
the Department up as a body entire
~ free from restraint on the part
OF the legislative body OF the city.
to-wit, The Council. and untram-
melled by any restrictions that may
be, or may have been, imposed by
The Council in so far as the work
of purchasing the property necessary
for the new paid fire department OF
the City is concerned. Two cases
are cited in support OF this conten-
tion--Greene Y. Mayor. &c, OF New
York City, so n. Y 3O3. and Guidet
v. Mayor &c, of New York City,
10 Hun. 566.
The Greene case decided that the
charter provisions OF New York City
requiring. in substance that con-
tracts should be founded on sealed
bids or proposals made in compli-
ance with public notice duly adver-
tised in newspapers, is applicable
only to contracts made or let by
authority of the Common Council.
and. therefore, is not applicable to
a contract made by the Commits
sioner OF Public Works, who was the
agent designated and authorized by
the Legislature OF the State to do
the particular work in question.
The case, in the particular for which
Il was cited, turns on the construc-
ton Of Section 1O4 of the Charter,
the Court OF Appeals holding that.
though the language in the second
sentence Of the section requiring ad-
vertising for proposals was general
In its application to all contracts on
hIhuNF aF
tence Of the section limiting the class
OF contracts to those made or let
by authority Of the Common Coun-
cil', restricted the meaning Of the
general language ito contracts made
by the Council oply. The Guidet
case seems to be to the same effect.
These cases are manifestly not
pertinent TO the question before me.
IL the ordinance OF 1870 were
charter provision. and so worded as
to explicitly, or by necessary impli-
cation, apply to contracts made by
The Council only then the New York
cases would be of value. But such is
not the situation.
am not prepared to hold that be-
cause the Legislature named the par
ticular agency through which the
city was to do the work OF setting
up It's paid fire department. there
B fore Il is to be Inferred that such
agency could not be regulated in any
( wise by such an ordinance Of Council
as that referred to. II this were the
sole reason advanced. 1 should hold
against Il. To do otherwise. would
attach too much significance to the
mere act OF designating an agency
! for the city. The more sensible view
; is that the Legislature, in creating
/ offices or departments for the city,
4 intends that such new officer and de-
partment shall fall harmoniously
into the general scheme of the muni-
cipal law properly applicable to
/ them. II such Is not the case in any
/ particular instance. then the. reason
! therefor must be sought elsewhere.
Is there. therefore. anything else
/ in Section 8 which indicates a legis-
/ lative intent, that in setting up the
l new fire department the provisions
/ OF the ordinance Of 1870 should not
operate upon the Department OF
Public safety? This brings me to a
consideration OF the second conten-
ton made by the City Solicitor.
The section authorizes the new
department Ito take over for public
use. by purchase. compromise. con-
demnation as hereinafter provided
or otherwise" the real and personal
property OF the existing volunteer
fire companies, together with such
other property as may be necessar,
at such price or prices as may he de.
termined in any OF the above pro.
ceedings. or agreed upon by the De
partment OF Public Safety in agree
ments to purchase the same" etc.
Manifestly. as to the specif,
. property OF the existing companies
which are volunteer companies. tn,
, ordinance OF 1870 can have no an
b plication, because in the purchase o
b these there can be no opportunit,
Z for the receiving Of competitive bids
- But the section does not stop. Will
o. the naming Of this property OF IN,
3 volunteer companies. IL authorize
. the acquisition OF such other prop
[ erty as may be necessary. The fir
hose. engines and trucks, the pur
4 chase OF which has been restrained
r do not belong to any OF the exist
r ing companies. They fan in tn
4 category OF such other property a
I may be necessary"
e How shall such other property b
- acquired? The ordinance. II apple
able. says only after publicly invitin
bids and then only from the loves
bidder. The Act OF the General As
sembly says. by purchase, compro