Every evening, Wilmington daily commercial., 1921-10-13
So Far as They Are Restrained From Carrying Out Con-
tracts for Hose, Engines and Trucks for the
Proposed New Fire Department
OPINION RULES ON
VARIOUS POINTS
Regarding the Application of
Existing Laws to the De-
partment's Acts.

fhf fNNaSs
Chancellor J. O. wolcott today
handed down an opinion in the Fire
Department litigation dissolving tn,
preliminary injunction insofar as Il
restrains the carrying out OF the con.
tracts Tor the purchase OF fire hose
engines and trucks. This motion was
arKued before the Chancellor last Fri
day, having been made by Assistant
city Solicitor T.. Warren Green on be-
hall of the city. The Chancellor's
opinion which rules on various points
raised IN that argument, follows:
motion is now made 60 dissolve
the preliminary injunction heretofore
irsncd, because l) the ordinance
authorizing the sale OF the bonds has
been repealed; and (el the ordinance
of the city. requiring that bids for
work, labor, goods. chattels. wares,
merchandise. SC, the cost Of which
VIII probably exceed fifty dollars. shall
he publicly invited and awarded TO the
lowest bidder, Is not applicable 20 the
Department of Public Safety in its
attempted purchase of the fire hose
trucks and engines mentioned in the
hill, which attempted purchase was
prcliminaily restrained. The ordinance
Is quoted IN fun I'm the opinion here
tofurc filed IN this cause
Robert @. 1iarman. for the COM
plalnants.
Percy Warren Green. Assistant CITY
solicitor, Cor tho defendants.
The Chancellor: First. the motion
that thc preliminary injunction be dis
solved hcCause the ordinance author
iHing the bond issue has been repeal
ed cannot now be acted upon for the
feasun that the same was orally made
at the hearing. without notice to the
vumplainants. The motion has since
huon made IN writing. and after oppor.
tunlty Is gNon 20 the comnlainants'
solicitor 60 be heard. viii ho passed
unnn
second. The facts concerning the
attempted purchase by the DEPART
ment ot puhlle Safety of fre hose.
trucks and engines. VIII not be repeat
-, reference being had 70 the prior
opinion above mentioned.
The motion 10 dissolve the prelimi-
nafN Injunction against the purchase
ut these articles Is predicted on three
rontontions
tal The ordinance Of the city, pass
"a 10 the year 1879, which may be de-
teflhnd as the competitive bid ordi-
nance, has been repealed by later
urainancc passed January is, 1888.
THIS latter ordinance is entitled An
ordinance defining the duties Of the
Printing Committee" II provides. IN
nart, a. follows
section I. There shall be elected
annually, q committee consisting OF
three mumhors 20 Council. TO be en-
titled The Printing Committee.
section 2. That II shall be the duty /
81 The frinilns Committee 10 superin- !
tend and direct all printing that may
ht necessary IN the different depart I
ments of the city government When /
ever any officer committee ar de- Z
Naftmori of the city shall require I
printed matter they wiilcmfcmfWlnf 1
luinied matter. they shall be furnish /
81 a. directed. by said Printing Com I
mliiue.
'Sertion 3. said committee shall 1
direct and control the necessary ad- /
teftlsements Tor sealed proposals for /
public work ~ contract OF any kind
Whatsoever. ana Il shall be left to the
discretion of the members of said
committee to say when. where and in
what manner such advertisements
shall be made.
Section s. That all ordinances and
parts az ordinances Inconsistent
herewith are hereby repealed"
The contention Is made that tha
provision IN Section Of this Orci-
2 nee leaving q IN the discretion Of
the printing committee Of the Council
10 siv when, where and Ia what man
nef Advertisements for sealed pro-
lognis fut any public work or contract
~ ang Kind shall be made. is so in
0unsiSiran with the ordinance Of 1870
leueHhn hat bids be publicly invited
unu ttA 9ule awarded TO the lowest
lidecr, sai The latter is repealed
fmis 81 aatensble. There Is no con-
itt etWatn the two ordinances. The
PEE @ sie. while IL requires the pub
hlf fHtsine of bids. makes no pro-
s.h ~ 10 the details Of when. how
aiiA tl what manner the bids shall be-
invited. They are "a be publicly"
invited whether BY advertising. OF in /
What tianner, OF when. Is not provided.
y thR ordinance Of 1883 may be said :
t aliNwise 90 affect or relate To he
me ~ 1870. the most that can be said !
= That the former was meant To eup-
ilenent the latter by comforting on a !.
ofnniitee of the Council the authority
- deternine the detailed manner IN !
shich The publicity required in the !
'rdihanee ~ 1870 should be secured.
iut ! am not called upon TO decide
'hethef the ordinance Of lSS3 does
p fact affect the one of 1870. II Il ;
lues. q is clear that IL does not do SO \
. ne extent of a repeal.
ihl u IL further conteuded by the
sf'ndnuts that one city Council. by
he iiaHsaEe uf an ordinance recurring
hai bids De- publicly invited. cannot
hereby bind another city Council
lertea after the expiration Of The e
aruth ~ The members who PASSED a
nth ordinance. Bunker vs. CITY az y
Hutchinson, (kan) sc Pac. SS5. and D
sttain obitef dicta in Kaogb - "
i@tcr a. uf Wilmington. Del. Oh v
Continued on page 70 4