Evening journal., 1921-08-17
BONDS
FOR fire DEPT,
Issued in Excess of Legal
Amount, Mr.. Harman
Contends
SAFETY DIRECTORS
MUST SHOW CAUSE

Firemen and taxpayers generally
are greatly interested in the outcome
Of the action started by Robert G.
Harman yesterday in the Court OF
Chancery to refrain the Department
of Public Safety. the Mayor and
Council and City Treasurer from
going any further In organizing the
paid FIRE department Mr.. Harman
represents the Delaware Fire Com
pany and some taxpayers. AS stat
ed in these columns yesterday. Chan
cellor Wolcott issued a rule on the
directors of the Department OF Pub
lie Safety. returnable August %. 10
show cause why a preliminary in
junction should not be granted. City
Solicitor Reuben Satterthvaite. Jr..
started today the preparation OF his
reply TO show cause why the inJunc-
ton should not be Issued.
In his argument yesterday before
Chancellor Wolcott, Mr.. Harman
contended that Section 13 OF the act
creating the paid fire department,
under which provision is made for
the city to pay $4,000 to the Voiun-
teer Firemen's Relief Association. is
unconstitutional. II violates a pro-
vision. OF the State Constitution, he
said, and argued that the Legislature
by enactment cannot give away
money Of a municipality. Mr.. Har-
man in his argument, admitted that
even should the Chancellor decide
that this section was constitutional
II would not invalidate the other
sections OF the act
One Of the most important conten.
tions made by Mr.. Harman was tha'
Council cannot legally issue bonds IT
excess Of the amount OF the propert,
and equipment 10 be acquired by th'
department, but that II had done s,
in this case. He pointed out tina
Section OF the act provides that tn
department must submit TO Council
by a certain time a plan for the or
ganization with estimates OF all
things wanted. but that such a plai
was not submitted within the mean
ing Of the act.
The act provides, he said, II tn
plan is approved by Council. the de
partment shall proceed TO acquir
what is needed as set out in tn
plan.
The section Of the act relative Z
bonds was read by Mr.. Harman an
is as follows: Council shall issu
bonds for an amount not in exces
! of the cost OF the real and persons
} property so taken over" He argue
} that Council had issued bonds in ez
} cess OF the cost OF the property s
= taken over. He contended that IN
e department should havs given Cour
3 Gil the exact figures OF what n
property and equipment would cos
= and that Council could not issr
? bonds in excess OF that amount. Il
said for instance, he had reasons
y believe that bonds were issued 4
s32.0 900 in excess OF the estimat'
. cost given for the fire houses an
: that he had no doubt the same WI
done as TO equipment.
This and the point that the d.
partment should have received con
petitive bids for everything pui
, chased above $50 were the princip'
contentious OF Mr.. Harman as I
. why an injunction should be gram
ed.
Mr.. Satterthwaite defended IN
acts Of the directors Of the new dc
partment in their work OF organ
, izing the department. He contend
ed that. under the Legislative ac
Z authorizing the Department OF Pub
lie Safety. the directors are not re
y quired 70 advertise for bids for N
:. purchase Of anything. He argue
that the ordinance requiring bid
: for purchases costing over IS
applied to the department only
II had acquired full control OF N
n fre department. He said that. M
4 der the act. the Department {
, Public Safety has a right 10 acquiI
whatever II wants without advei
4 tising Regarding the ordinanC
4 concerning the screw couplings. NJ
! Satterthwaite said that f. only al
piled 10 the volunteer fire compar
les. and did not prevent the d.
, partment Of Public Safety froi
y buying any sort OF couplings ths