Every evening, Wilmington daily commercial., 1921-08-16

He claimed the Legislative act
specifically states that the department
directors must be bound by the city
| ordinances. MIR. Harman pointed to
the general use OF the snap couplings
not only in the city, but Throughout.
the State. and referred to the enor-
| nous coat 1t will entail tn make the
changes necessary to bring about a
uniformity AS far as the new screw
couplings are concerned
Never Announced Plan.
| Mr.. Harman claimed that the direc-
tors never submitted To city council
any real plan for the organization OF
The paid fire department as they should
have done, he said, under the legisla-
tive act. lie said they should have
made up their plan specifying wha,
they wanted to buy. and 10 have given
the cost. because the law requires the
directors to submit such a plan to the
council together with their estimates
lie said the directors had told the coun-
ell in their communication asking for
S697 900, that the city had been divided
into four divisions, but he nor any one
else knew what that meant. He said
this statement was as close as the di-
rectors got to any proposed plan.
Mr. Harman said the legislative act
sets forth. that if the council approved
of the plan of the directors, they should
then proceed To acquire by purchase,
gift or condemnation. the property re-
quired and then the council To enable
the department to meed the consequent
expenses. shall pass an ordinance auth
orizing the sale of bonds in the re-
quired amount specified.
He argued that council had no right
to issue bonds in excess of the amount
of the cost of the properties to he ac-
quired. He declared the bond ordi-
nance is all guess work in that 1t was
not based on any specified amount or
|specific estimate. and that consequently
il is a violation of the statute, since
it is based on estimates only. Mr.. Har-
man argued that the council should
have had from the directors, an esti-
mate of the cost of the properties be-
fore the bond ordinance was passed.
and that the directors then should
have advised council as specified in the
law. that they had taken over the prop
critics they may have acquired. and
SHpuid Udft lbf Tic AiitVhlit IN
money they required for payment. He
said it would have been up to the coun-
ell to pass the ordinance for they
would have known what sum was re-
uuined.
lie alleged the amount of the bonds
sold are in excess of the needs of the
department and consequently in viola
tion of the act. He estimated. on the
purchase of the engines alone the di-
rectors, estimate of the cost would be
upwards of s3o.000 in excess of the
actual cost showing, he said, that the
whole procedure was purely guess
work on the part of the directors OF
the Department of Public Safety.
He argued this was clearly shown
in violation of the law, and conse-
quently the validity of the bond ordin-
ance is impaired thereby.
Mr.. Harmans petition for re-
straining order against the city treas
urer at Wilmington, is to prevent him
from paying over any moneys on con-
tracts entered into TO date, or any
other contracts the department may
try to make. Also from receiving any
moneys from the bond issue or turn
ing over any moneys so received. The
Directors of Public Safety were asked
to be restrained from sending any
vouchers TO the city treasurer, or from
making further contracts for the new
fire system under any powers they
have under the legislative act.
City Solicitor Satterfhwaite and s.
K. Smith. presidentsof the Department
Dsxli, CaF
mobile to attend the hearing.
Serious Matter to Bondho,ders.
Mr. Harrnan said it was a very
serious matter TO the bondholders, be-
cause il the money should be paid
the city would in no way be compelled
TO make return of one penny. and con-
sequently they, tthe bondholders)
should court this action before the
Chancellor to make sure the bonds
are safe. MIR. Harman contended the
city would not suffer in any way as a
result of this action. He said the only
protection is to have the matter held
UP, and in that event. cancel the con-
tract with tho Ere companies for ser
vice. He claimed ghat no one need be
GtnCeTHtG oNtI* lHc HiatitI-
City Solicitor Satterthwaite. in
answering Mr.. Harmon's arguments,
contended that he was not there 10
represent the bondholders. He said
the company which purchased that
issue are getting legal opinions of its
own. as TO the validity OF the bonus,
and If in that opinion they are pre-
pared to take them, the court should
not issue the. restraining order. Mr..
Satterthwaite said Mr.. Harmon's mo-
tive in appearing today, seemed one
that should apply TO the court of
equity He did not object to a re-
straining order against the payment
of $4,000 to- the Volunteer Firemen's
Relief Association. Mr. Satterthwaite
fpTher contended that under the
Legislative act authorizing the De-
partment of Public Safety the di-
rectors are not required 10 advertise
for bids on the purchase of anything J
His argument along this line was to
the effect that the ordinance reauir-
ing bids for purchases over $50, ap-
piled only TO the department if they
had aquired fun control of the fire
department.
He said that under the act, the
department of public safety had
right TO acquire whatever they wanted
without advertising. Regarding the
ordinance concerning the screw coup
lings, Mr.. Satterthwaite said that that
applied only to the volunteer fire COM
panies, and did not prevent the depart
n1ent pf p11hlsf safety from t,,..iro