Evening journal., 1921-10-13

OPENS WAY BY
HIS DECISION
contInued from FIrst Page.

Continued from flrSt rage
Department should. in acquiring the
necessary property for its establish
ment. be permitted to receive the
advantage cf negotiations and bar
gaining" says the Chancellor. yet
such advantage could not be secured
il the rigid requirements OF the or
finance were to be observed.
1t seems TO the court. therefore,
that there is a conflict between the
legislative will Of the State, as ex-
pressed in Section OF the Act and
he legislative will OF the city as ex-
pressed in the ordinance OF 1870.
The latter must succumb to the for
ner."
II is expected that the Directors
OF Public Safety will now go ahead
with their new plans under the
guidance Of City Solicitor Satterth-
waite, with the formation Of paid
are department. City Council to-
night may consider Issuance Of
bonds for that purpose.
Chancellor Wolcotts decision is as
follows:
In the Court Of Chancery OF the
State of Delaware. in and for New
Castle County.
Charles e. Taylor. Francis X.
Farmer and Hugh Duffy, vs. Samu i
X. smith, william r. Megear ].
Pusey Wickersham, constituting and
composing the Department Of Pub
lie Safety for the City of Whining
tom. and Samuel j. White. City
Treasurer Of the City Of Wilmington,
and the Mayor and Council Of VIII
mington and Volunteed Firemen's
Relief Association.
Motion 10 dismiss preliminary in
junction.
In August last this cause was be-
fore the Chancellor when disposition
was made OF a rule to show cause
why a preliminary injunction should
not issue (ante p. }. After hear
ing the preliminary writ was order
ed. but not 10 the fun extent prayed
for by the compiainants. For the
facts and the issues. reference may
be had to the opinion appearing At
the page above indicated.
A motion is now made to dissolve
the preliminary injunction hereto
fore issued. because (1) the ordi-
nance authorizing the sale Of the
bonds has been repealed; and CD
the ordinance Of the city requiring
that bids for work labor, goods,
chatteis. wares. merchandise SC.
the cost OF which will probably ex-
ceed fifty dollars. shall be publicly
invited and awarded to the lowest
bidder. is not applicable 20 the DC
partment OF Public Safety in its at
tempted purchase OF the fire hVse,
trucks and engines mentioned In the
bill, which attempted purchase was
preliminarily restrained. The ordi.
nance is quoted in full in the opin
ion heretofore filed In this cause.
Robert G. Harman, for the com
pisinants.
Reuben satterthwaits. Jr.. City SO
licitor. and Percy Warren Green. As
sistant City Solicitor, for the de-
PENDANTS.
The Chancellor: First. the motion
that the preliminary injunction b'
dissolved because the ordinance au.
thorizing the bond issue has beer
repealed. cannot now be acted upor
for the reason that the same wa
orally made at the hearing, without
'tice to the complainants. The mo
tion has since been made IN writ
ing. and after opportunity Is giver
70 the complainants' solicitor to b'
hard will no uaccqd unOu
Second The facts concerning tn
attempted purchase by the Depart
ment OF Public Safety Of fire hose
trucks and engines will not be re
peated. reference being had 10 IN
prior opinion above mentioned.
The motion 10 dissolve the pre-
iiminary injunction against the pur
chase Of these articles Is predicate
on three contentious;
(a) The ordinance OF the cit,
passed in the year 1870. which ma
be desribed as the competitive bi
ordinance. has been repealed by
latter ordinance passed January Il
1883. This latter ordinance IS er
titled IAN ordinance defining m
duties OF the Printing Committee
Il provides in part. as follows:
Section l. There shall De
elected annually a committee
consisting OF three members OF
Council. to be entitled THE
Printing Committee"
Section ?. That IT shall be
the duty Of the Printing Com
mittee to superintend and direct
all printing that may be neces-
sary in the different depart
ments Of the city government.
Whenever any oficer. COMMITTEES
or department Of the city shall
require. printed books. blanks
forms or other printed matter
they shall be furnished as di-
recfed by said Printing Com
mittec
Section ,. said committee
shall direct and control the nee
essary advertisements for sealed
proposals for public work or
contract of any kind whatso-
ever. and i shall be left 10 the
discretion of the member3 OF
fa,o committee 70 say WIEN.
where and in what manner such
.aFsrtisements shall be made.
.
Section S. That an orsi-
nances and parts ~ ordinances
inconsistent herewith are hereby
repealed"
The contention IS made that %
provision in Section % this ca
nance. leaving Il In the discretion
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