Every evening, Wilmington daily commercial., 1921-08-09
CREmATORY MIDDLE
GIVEN NEW TEST
By c0UNCILME
continued from page /

the sentiment OF the conferees yester-
day was that the Nye Co. be advised
OF the situation that has developed
here over the incineratinE plant and
that they be asked. or that II be sig-
gcstcd to them, that they send man
to wilmington from the home office
In Macon, Ga. to look into the matter
and II possible straighten out sthe
tangie. II. h. Able liz the Kye COM
pany's representative here and he
built the plant and 1t vas felt that he
had done all he could regarding the
matter. 1t was therefore deemed ad-
visable that man from the home
office come to the city TO see what he
could do. Councilmen, even those at
the meeting yesterday. said today they
were astounded when they learned
that Mr.. Sattherthwaite had wired the
Nye Co. informing 1t that the city had
refused TO accept the plant on the
ground that it did not como up to
specifications.
The Councilmen present did not rep-
resent any committee from Council
and the mayor or the city solicitor had
| absolutely no authority, II was eiasrnad
| today, To authorize q rejection of the
plant This lis solely within the ar-
| thority OF the City Council iteaif
Councflmen say. and that body has ~
opinion from the city solicitor stating
that they were the officials who had
| full authority to accept or reject the
ineinerating plant regardless OF any
action of the Board of Health might
take In the matter. They also have
i
councf) can pay the Nye Co. their bin
for $4,000 any time they see iit to
| do so.
Mr.. Able hurried to Wilmington to-
day from Johnstown, Pa. where he
had gone TO build a similar plant lie
says he is the Nye Company's repre-
sentative and when they send man
out on a project they put all the re-
sponsibillty up to him and he at
tends to all the company's affairs In
connection with that job. He says
| the plant has fulfilled the contract TO
| the letter and performed all required
| OF it and if there has been any over
| sight on anyone's part IL is not the
fault OF the Nye Company. While he
did not say so, 1t Is said 10 be the COM
| pany's purpose TO stand on its con-
4 tract
Councils Status In The Matter.
That the action of the officials a
yesterdays conference was Illegal il
that they were acting without an.
legal right TO reach decision on til,
rejection of the plant appeared 70 b.
the general sentiment this morning
The only committee Council eve
named in connection with the ney
plant was the crematory committe
of the old Council and on April 10
was decided by the Council that tina
Icommittee represent the city and hav
charge OF the construction of the In
Generator it was said today. This wa
done solely to centralize authority 70
the convenience OF the builder, IL wa
explained.
/ Those protesting today pointed ou
that the contract in between the Ny
Company and the Mayor and Counc
of wilmington and that a majority c
the Councilmen were not consulted rel
ative to the conference and certafni
never approved any decision TO rejec
the ne wplant. AS a matter of fac
most of the Counciimen are said [
favor its acceptance by the city.
| The committee of the whole Is sched
lied for a meeting for tomorrow nigh
on another matter. but it was asserte
today the garbage question will b
brought up and IL was further state
that most OF the. members intend
make clear their position on the mai
; ter and to express their exact view
; relative to the results of the confer
ence yesterday.
Early this afternoon a telegram wa
: received by City Council from Pres
: dent FELTON, of the Nye Odorless Cr'
: matory Co. stating that he will be
: Wilmington tomorrow at noon for Il
: purpose of conference with the men
e bers OF City Council relative TO Il
2 new incinerating plant.
:, Councilman McManus admitted IN
0 morning that he had called yesterday
4 conference, but further than this he h'
{ nothing to say on the subject, exec
a that il was intended to harmonic q
S situation. He said he would have
statement TO make until the meetii
S of City Council. when the responsib
: ity for the action of yesterday viii
s placed.
j.