Evening journal., 1921-08-12
oourts wIImIngt0n would lose ths

] UNtn dIAlOuHAtu Aiit AiHAAoA 80
sions Of Council. but had been pub
lished in all the Wilmington papers
and members OF Council and the
public were invited to inspect the
plant and see for themselves just
what was being done. Turning to
Councilman McNabb, Mr.. Abrahams
charged that IL any member Of
Council had failed to inspect the
plant il was the fault of that individ-
ual and not Of Council. IF any MEM
Der failed TO witness these tests
what assurance have we that in the
event Of another test they tould
take any more interest in the plant
than they have in the past" asked
Mr.. Abrahams. He declared IL his
belief that the plant could not be
given a fair test until it was supplied
with dry garbage.
Mr.. McNabb declared that the
Board Of Health was the proper au-
thority for testing the plant and
that no matter how many times any
member of Council visited the in
cinerating plant, Council had no
right to pay the bill until the Board
Of Health had approved Of the
plant.
Councilman Faulkner stated that
the Nye company admits that the
plant will not burn wet garbage with
out a certain amount of refuse, and
that IL they could not secure rub
bish they could not burn garbage
without useless expenditure for
fuel Of some other kind.
President Ward at this juncture
called attention to the motion before
Council for deferring further dis
cussion on the bill until after the
reading OF the report from the Board
OF Health. The motion was put and
carried without a dissenting vote.
The report OF the Board Of Health
then was read, in which statements
were given OF the amount of garbage
burned during the past few days, and
the recommendation OF the board
that Council refuse to accept the
plant, as Il had not met with the re-
quirements Of the contract, the re-
port said. The report was ordered
the subject. passed at the last session
received and filed.
Mr.. McNabb asked that the law on
OF the Legislature. be read, he con-
tending that the act specifically said
that the Board OF Health must APP
prove of the plant before Council
could pay for it,
Mr.. McNanus then read the fol-
lowing opinion given by City Solicitor
Satterthwaite:
"In my opinion the members OF
the Council should be satisfied that
there has been substantial perform
ance Of all the terms. conditions
stipulations and guarantees con-
tanned In the agreement for the erec-
ton OF said plant in all essential
particulars before said plant is ac-
ccpted and purchase price paid. The
approval OF the Board of Health 1.
one way for the Council to obtair
this Information, but presume tha
the information can be obtained In
other ways. and II the members o
the Council are satisfied that tn
plant is properly erected and tina
the operation of the plant did shoy
/ that Il fulfilled all the terms, condi
tions, supulations and guarantee
contained In said agreement, then
I would be proper to pay for sal
I plant without the approval OF tn
q Board OF Health"
d "I can read the law as fast n
= your City Solicitor can" declare'
: Mr.. McNabb. "I want the Law
2 road here so that every one ma,
hear it,"
! Mr.. McManus stated that It wa
! impossible. as the laws have not ye
been published.
"Yes." they have" declared Mr.
McNabb. "Dr. Handy has a copl
here with him" He then called
unon Or. Handy to read the law OF
the subject.
2 Dr. Handy only quoted a portion
OF the act which stated that IN
Beard OF Health "shall exercise ful
, power and control over the in
(, cinerating plant. but no referenc
was made to payment for the build
: ing OF the plant.
Councilman Henry said that fur
ther argument was useless. and sup
!, gested that a meeting OF the Boar
= II Health Mayor and City Counc
should be called for the further cor
sideration OF the bill.
/. Councilman McNabb asked whotf
m CT the advice Of the Mayor regard
n ing the rejection OF the plant wa
-e TO be ignored
o, President Ward put the motion I
a. accept the report of the Board ,
to Health and file it, which was unan
n mously carried.
s The regular course OF busine
e was resumed for time and when
lie appeared that consideration OF II
1e bill would 20 over to another Sc
m sion. Mr.. McManus asked that q
NJ bill again be put before Council ar
In acted upon.
IN Mr.. McNabb moved that conside
OF alton Of the bin be deferred for tv
1- weeks. which was followed by
ID heated debate among the member
Mr.. McManus finally suggest,
n that the motion of Mr.. McNabb
Id amended by the substitution OF 81
III definite" for the postponement
r two weeks. II Mr. McManus W
OF only blumng. the blum worked.
s. once both those for and against q
m passage OF the bill at this time we
s. on the floor and a number OF Cou
re cilmen crossed the chamber TO pc
Ie suade Mr.. McManus to withdraw 4
10 substitute. Council then went abe,
r. with the consideration OF the bl
k Mr.. Mulvena declared that a r