Every evening, Wilmington daily commercial., 1921-08-29

foANosa advanced fUr faufF0AnAn0 -
iiveTy IT ths handa, FfrNt, fhers n~vsl
w. naiy pisn submitted 10 tn. Cnts
Council FOR tn approval. The ChAn.
reflur disAsreea with this contention
holding @veu that III Council display
ed bAds business Judgment In opposing
the plAfr In question ths fnrt doas not
warrant the court In intyf~rinr" fur
the courts hAvs no risft Ia suhstituts
their Judgment ut what ID best for the
Judgment Of the officers upon whom
ths law easta the responsibility Ut
deciding"
On this plea tbs court says ths pre-
ifminary writ should be denied
On the seoord ground, namsfy, that
the ffre property taken over after the
passags OF the ordinance and after the
sale OF tho bonds wns contrary to law,
eha Chancellor nsyp that "oSrtainfy
the bunk cf II (property) has not ~
yet been literally taksn over at All. II
has simply b~en bAranincd fur at
stated prices. Whether this II \ TAX
Ing over within thu meaning Of the
act In not necessary for
me now to dst-rmine."
The Matter Of Bonds.
Az to the third ground, that the
bonds exceed In amount the cost OF
the real p~rSonal property taken over.
the ChAncslior declares the preiimin-
ary writ win issus. On this point he
says;
The Department of Public sakety
as well ~ tho Council seem TO have
entertained the view that under the
provisions OF the act In question. II
Ia permissible TO oblisnts tho city by
bonds to the extent OF the estimated
cost OF establishing the flre depart
mont a. disclosed by tho plan sub
nftted to the Council. This would ap-
pear from the fact that the ordinances
the issuance and sale of
bonds IN the amount OF 1897 900. the
exact amount OF the estimated cost.
and that thereafter this whole block of
bonds were offered for nle and sold
before II wns known what the cost OF
the property would be-
The chancellor holds that sit In
proper for the Council to provide TO
the issuance OF bonds to the amount
of the estimated cost but that when
IT comes TO acting under such ordi-
nance. the proper officials must see TO
II that only so many bonds 30 author-
lied are actually issied as win equal
the cost of the property taksn over.
The bonds issued must not exceed the
cost of the property.
Legislative Act Clear.
Reference here is made In the orfn-
ion to the afridsvits filed declaring that
the cost of the property taken over is
less than the amount of ehe bonds
contracted to be sold. The chancellor
cites.
For instance. IL the 1897 900 issue
was sold at 90 (this is about tn. fig
ure) property costing $500. s.17o and no
more could be purchased, for this sum
would be the total Of the proceeds do
rived from the sale OF the bonds In
that event tho city would have issued
bonds in excess of the cost of the
property taken over"
The chancellor declares me Mn-
sunge Of the act In Section SID ls very
explicit that the amount of bonds Is
sued shall not exceed tho cost OF the
He declares he can see no
way In which only q portion OF the
bonds, Sufficient to cover actuni cost
can be sold $50 that II any OF the
bonds are delivered all must be-"
He then grants the preliminary In
junction on this point
Would Have Secured Bids.
As to the further complaint that tho
Public Safety directors violated the
city ordinance requiring that bids
must be publicly invited for materials
TO De furnished or work to be done
where the cost exceeds $50, the chan
ceilor holds that the directors come
within its provisions. The department.
he says, IN negotiating its contrac,
took the view that the ordinance was
not applicable 10 II" This stand the
chanceilor holds was '.predicated upof.
a mistaken view of the law"
The Chancellor cites some excep-
tons to this rule. such as the secur-
tng OF services OF persons possessed
OF peculiar scientific knowledge or pro-
fessionl SKILL" or OF ARTICLES the Sc
lection OF which involved scientific re-
suits attained by mental and corporal
labor"
lie holds that purchase OF hose. en-
ginss and trucks does not come within
this category. and therefore grants q
preliminary Injunction. He addA how
ever:
II the defendant can bring ths ar
ucies In question within the category
OF exceptions TO the ordinance In que.-
don they may do SO by moving for 4
OF the injunction with re-
spect to them, and present the nncos-
sary facts in the proper way, or awnit
their opportunity on final hearing"
Screw Couplings Legal
On tho charge that the department.
to purchase hose with screw
couplings In Len Of tha snap couplings
now in use, the Chancellor holds that
The sact OF the Legislature does make
applicable To all towns of the State
the rule that they shall make coup
ings conform to that set as the stand
ard Of the city OF Wilmington" But
what that has to do with the power
II the Department of Public Safety In
the city OF Wilmington TO adopt any
sort Of coupling 1t ohooysx, I am un-
able to soc," he concludes.
Can't Pay Belief Fund,
As 10 tho payment of $4,000 to the
Volunenteer B'iremen's Relief Associa-
Ion, the Chancellor says In part.
"The Volunteer F1romen's Reiiof
Association was not nlado party to the