Evening journal., 1921-08-29

they will stand by until a paid SER
vice Is established.
what we must do now Is to
catch up the loose ends OF the situa-
tlon and so knit them as to meet
the emergency and protect the city"
II was pointed out in this con-
nection that William ]. Lutz Is chief
OF the volunteer service and also has
been named chief for the paid de-
partment. He therefore, Is in
position to do much toward provd-
ing an emergency fire service which
will assure protection until a paid
service ca. be legally put into full
effect.
Hope Is held out in some quarters
that an arrangement may be had by
which the city can lease the houses
and apparatus OF the volunteer COM
panies for an iS.-lefnite period, and
THAT a combination department made
up OF the volunteer fremen and the
men who have been engaged for
1.-THE new paid service, can be effect
ed.
One OF the perplexing questions
is how the city Is TO pay for the new
apparatus which has been purchas-
cd by the Public Safety directors.
IL is possible City Council may auth
orize a temporary bond issue 20 meet
the amount due on such purchases.
still another plan talked Of today
was that the city lease the houses
and apparatus OF the volunteer COM
panies and proceed with the estab-
lishment OF a paid service on the
lines laid down by the Public Safety
Department.
Money for maintenance OF the paid
service for the present fiscal year all
ready is provided for in the city
! budget which carries an appropria-
ton OF s272,225 for the purpose.
one highly important feature Of
the difficulties confronting the city,
from a legal point OF view, is that
, only one section OF the act creating
, the Department Of Public Safety and
providing for paid service is7iiable
TO be declared unconstitutional. This
Is Section 10. granting $4,000 TO the
Volunteer Firemen's Relief Associa-
ton "in full payment for all claims
and demands whatsoever"
City Solicitor Satterthwaite said
today that Chancellor wolcott had
stated az the hearing OF the case
that should Section la be declared
!, unconstitutional Il would not affect
the validity OF the. remainder OF tn,
act. Constitutionality Of the rest oi
the act was not attacked in the suit
Copies OF the Chancellor's opin-
ion were being made by the stenog
rapher OF the City Solicitors Office
this morning for use by the Director
OF Public Safety and members o
Council directly concerned. TIL
opinion covers % pages of type
written matter
!, Mr.. satterthwaite intends sendini
J a copy OF the opinion to the r. \
. Grant Company, bankers, New York
to which was awarded the bond IL
- sue OF s697,O 600, now onjoined b.
o the preliminary injunction. Couns1
y for the company may then advis
r. whether the company intends re
. jecting the issue or agree to take
c sufacient amount OF II 10 cover onl
the exact cost OF installing pai
10 service, as prescribed by the Chan
It celor. It is generally thought a
l. entirely new bond issue mall hav
y to be advertised and sold.
- Chnnccllors Opinion.
s. In opening his opinion, chancell6
20 Wolcott says in part:
n "The bill presents a matter q
a. great interest to the city Of Wilmine
e ton. IL touches, In certain particu
Al lars. the creation OF a municipal fr
department for the city in lieu 4
W the old system OF supplying hre Pre-
10 lection 10 the city through IN
4 agency Of volunteer companies tn
te court is most reluctant to interpos
w its extraordinary powers In wa
s. that will Interfere with the progrei
OF the work OF the Department {
le safety in is endeavor TO carry OF
RS the provisions OF the act creating
I'd Yet. however great the reluctance,
ne a case be made out which under II
he principles OF equity jurlspruden'
he entities the complainants TO n
NJ remedial processes supplied by equi
K procedure, relief ought not to
rs, denied"
NJ Here the Chancellor notes that n
j
m or intimations that rejected on q
OF reputation or character OF the mer
ir. bers or the Department OF safei
M He continues;
'ut THE main point in the case
be whether the sale OF the bond iss
OF ss97 900 may. on the prese
Of showing. be contaminated The
IN sue has been sold and the only thi
remaining to be done with resps
las TO the same. X for the purchaser
he pay the money and the city, throu
an It's proper officer, 10 deliver Z
ID bonds"
FOR The Chancellor enumerates Z
cr three reasons advanced for restrai
Icil ing delivery OF the bonds. Fir
me there never was any plan submit
he to the City Council for It's approx
md The Chancellor disagrees with q
contention. holding even that
Ger Council displayed bad business juo
md ment in opposing the plan In Que
M tion the fact does not warrant I
hat court in interfering" for the coui