Evening journal., 1921-08-29

have no right TO substitute their
Judgment OF what is best for the
Judgment OF the officers upon whom
the law casts the responsibility of
deciding"
on this plea the court says the
preliminary writ should be denied.
Bonds Must Not Exceed Cost
on the second ground. namely,
that the FIRE property taken over
after the passage OF the ordinance
and after the sale OF the bonds was
contrary to law, the Chancellor says
that certainly the bulk OF II (prop-
erty) has not as yet been literally
taken over at all. Il has simply
been bargained for at stated prices.
Whether this is a taking over witai1
the meaning OF the act
is not necessary for me now to de-
tcrmine."
As to the third ground. that the
bonds exceed In amount the cost of
the real and personal property taken
over" the Chancellor declares the
preliminary writ will issue. on this
point he says,
THE Department OF Public Safety
as well as the Council seem to have
entertained the view that under the
provisions of the act in question. It
is permissible to obligate the city by
bonds to the extent OF the estimat-
ed cost Of establishing the fire de-
partment as disclosed by the plan
submitted TO the Council. This
would appear from the fact that the
ordinance authorized the issuance
and sale OF bonds in the amount of
$697, 900, the exact amount OF the
estimated cost, and that thereafter
this whole block OF bonds were offer
ed for sale and sold before It was
known what the cost OF the prop
erty would be-"
The chancellor holds that It is
proper for the Council to provide [,
the issuance Of bonds to the amount
OF the estimated cost. but that
when It comes TO acting under such
ordinance. the proper officials must
sec to It that only so many bonds
so authorized are actually Issued as
will equal the cost OF the property
taken over" The bonds issued must
1 y.
Reference here is made in the
opinion to the affidavits filed declar-
ing that the cost OF the property
taken over is less than the amount
OF the bonds contracted to be sold.
The chancellor cites:
For instance. If the s697 900 is
sue was sold At 96 (this Is about the
fgure) property costing s669.12O and
no more could be purchased. for this
sum would be the total Of the pro-
ceeds derived from the sale OF the
bonds In that event the city would
have issued bonds in excess OF the
cost OF the property taken over"
The chancellor declares the Ian.
guage of the act in Section Six I,
very explicit that the amount OF
bonds issued shall not exceed tn,
cost OF the property He declare,
ne can see no way In which only Z
portion OF the bonds, suhicient {,
cover actual cost can be sold 80 tha
If any Of the bonds are delivered al
must be-"
He then grants the preliminary in
junction on this point.
Must Call for Bids.
As to the further complaint tina
the Public Safety directors violate,
the city ordinance requiring tina
bids must be publicly invited for ma
'terials to be furnished or work to b.
done where the cost exceeds $50. tn
chancellor holds that the director
come within its provisions. The de
p partment he says IN negotiating it
contract took the view that the or
dinance was not applicable 10 IT,
Z This stand the chancellor holds wa
10 "predicated upon a mistaken viey
9 OF the law"
c The Chancellor cites some excep
: tions to this rule. such as the secur
y ing OF services OF persons possesse
: OF peculiar scientific knowledge O
y professional skill" or Of "article
y the selection Of which involved SC
!. entlfc results attained by ment,
u and corporal labor"
He holds that purchase Of hos
engines and trucks does not com
within this category, and therefor
= grants preliminary injunction. II
adds, however:
- III the defendants can bring N
al. articles IN question Nltnln the cati
u CORY OF exceptions to the ordinsn,
= in question they may do so by mo-
y ing for a dissolution OF the iniun
ton with respect TO them. and pr
10 sent the necessary facts in the pro-
a. er way. or await their opportuni
n, on final hearing"
g. Sustains Screw Couplings.
,e on the charge that the depar
ct ment contracted 10 purchase no
10 with screw couplings in lieu OF q
III snap couplings now In use. q
he Chancellor holds that the "act
the Legislature does make app
he cable to all towns OF the State q
n rule that they shall make couplin
st. conform 10 that set as the standai
ed OF the city or Wilmington.
al But what that has 10 do with Il
lie power OF the Department OF Pub
II Safety In the city OF Wilmington
e. adopt any sort OF coupling
IS chooses. 1 am unable to see"
he concludes.
't.i As to the payment OF $4,000