Evening journal., 1921-10-07
COURT ASKED
To LIFT BAN
ON FIRE DEPT.
Continued from First Page.


Using for bids for supplies costing
more than $50.
=. Warren Green. assistant City
Solicitor, represented the Depart
ment of Public Safety and City
Council in trying to have the in
junction set aside. and Robert G..
Harman, represented the Delaware
Fire Company and others interested
who had brought the original pro-
ceedings against the Public Safety
directors.
Chancellor Wolcott after hearing
arguments promised to give an early
decision in the case. the importance
Of which to Wilmington he said he
realized Counsel in the case agreed
to a dissolution Of that part of the
order. that restrained the original
bond issue.
Mayor Leroy Harvey. Councilman
James b. McManus. the Directors
of Public Safety. Fire Chief Lutz.
Fire Marshal Ainscow and scores of
fire company members were present
when the hearing began.
Assistant City Solicitor Green. at
the opening of the hearing. pre-
sented a certified copy of resolu-
tion adopted by City Council last
week. resembling the ordinance pro-
viding for the bond issue Of S697.O00
that was deemed to be needed for
the creation OF the paid fire depart
ment. Mr.. Green asked that the
court dissolve the restraining order,
as Councils action had made 1t un-
necessary for a further enjoining
from the issuance Of those bonds.
Mr.. Harman said he had no OBJ
lection to dissolving that phase Of
the order. providing Mr.. Green pre-
sented a written motion with the
certified copy of the repeating ordi-
nance attached.
Mr. Harman said he understood
the hearing set for today was TO ar
que the question of the right to buy
materials. etc. by the city without
asking for bids City Solicitor Sat
terthwaite had informed him twice
that this was the matter to be dis
cussed, Mr.. Harman said.
Chancellor Wolcott sustained Mr.
Harman and suggested that Mr..
Green submit his application in
writing with the new repeating or
dinance duly certified attached. Mr..
Green then began argument on the
question of the legal right OF city
departments to purchase materials
or supplies or employ labor without
asking for bids on the same. He
said the restraining order had been
based on an ordinance passed by
city Council in 1870. This ordinance
or law. Mr.. Green said. was a City
Council ordinance and not charter
provision and not passed by the
/ Legislature. AS SUCH he held the
ordinance did not bind any one to
ask for bids on supplies. labor, etc.
other than Council and it was not
binding on any other body.
Mr.. Green read authorities to up
hold his point He argued the De-
partment of Public Safety had the
same authority in fire matters thai
formerly was vested in City Council
Chancellor Wolcott remarked tha
Council was a legislative body Will,
the Department Of Public Safety wa,
not
Mr.. Green said the ordinance o
1870 providing for the asking fol
bids for supplies labor and mate
rials was repealed in January. 1883
headed "An ordinance defining du
ties Of printing committee"
Section 3, OF the ordinance as rea,
set forth. that they should decid,
when advertisements should be mad,
and would have charge of all worl
done"
The 1870 ordinance. Mr.. Greer
held. said bids should be asked TO
| when deemed best.
, Mr.. Green read section 5 OF tn
, act creating the department Of Pub
lie Safety, providing for the ac
quirement Of the fire department
, The act tells them to do something
/ precluding the 1870 ordinance.
He contended that the propert
T was to be acquired by the Mayor an
y Council through the Department q
Public Safety which he referred {
as an agent Of the city.
The act also provides the pror
erty to be taken over by purchas