Every evening, Wilmington daily commercial., 1921-08-15
HARTMAN WILL SEEK
ORDER TO RESTRAIN
SAFETY DIRECTORS
Will Ask Chancellor to Prevent
Payments on Fire Houses
and Equipment.
HAVE HEARING TOMORROW

That tho Delaware Fire Company
H. not the only interest involved In
the contemplated action against the
Department of Public Safety, TO pre-
vent the payment Of any mos.eys in
connection with the acquisition or
purchase of properties. and equipment
for the new paid fire department. de-
veioped this morning when ROBBERS q.
Harman. attorney, retained to bring
action against the directors. admitted
that he was acting for the Delaware
company and other citizens. Who
tn. other citizens are was not dis
closed.
MIR. Hartman said that he will go to
Dover tomorrow and will seek from
Chancellor Josiah O. Wolcott re-
straining order against the Depart
ment OF Public Safety in connection
with the directors establishing a paid
fire department. This application will
be made to include also City Treasur-
er samuel j White. TO restrain him
from making any payments in con-
nection with the creation of the new
Are department
ON what grounds tho application Is
to be made Mr.. Harman declined to
state. II was explained that ii would
he discourteous to the court to specify
the basis for the action, prior to the
hiing of the application and IL would
further afford information to any who
may oppose the application which is
undesirable until the Chancellor has
heard the side of Mr.. Harman's
clients In the event the restraining
order is issued there viii I, e a hearing
at time to be fixed by the court and
then application viii be made for a
preliminary injunction. This step win
be followed by full hearing of the
entire controversy.
Mr.. Hartman gave 1t as his personal
opinion that in the event his appli-
cation is granted tomorrow this city
Will in no wise suffer because of the
lack of adequate fire protection. The
volunteer fire companies contracts ex-
rirc August 81 but in the. event the
safety directors are prevented from
. going ahead with their plans and es-
ts,blishing the paid department or
September i. he pointed out that under
the provisions of the City Charter the
City Council has fun authority to make
ample provision for the protection ci
the city. This In all probability will
he the making of new contracts with
the volunteer fire companies for any
period of time the Councilmen may
deem necessary and il is not thought
there VII be any hesitancy on their
part to do this. II is claimed the fire
houses and the equipment of the sew
eral companies will not become the
property of the city until they have
been paid for and if the court acts
favoraLly on Mr.. Harmons application
tomorrow payment on these properties
and equipment viii be delayed at least
temporarily. This will leave the equip
rnent still in the possession of the
companies so that they viii be free to
enter into a new contract with the city
at least for a brief period The Directors
Of the Public Safety viii withdraw their
cner to purchase the equipment OF
the Delaware Fire Company. s X.
Smith. president said this morning
Although the board replied to MIR. Har-
mans letter that was extremely
sorry the Delaware Company saw fit
20 reject the proposition it was not
withdrawn.
MIR. Smith in company with City So
lscitor Satterthwaite will go to Dover
tomorrow when the restraining order
will be asked for before Chancellor
Woicott
Members of City Council and other
city oficaals have been deluged with
Continued on page s