Every evening, Wilmington daily commercial., 1921-09-09
M'NABB SEEKS LIGHT
ON $4,000 BOND OF
SANITARY COMPANY
Continued from parc /.

someone defaults, the city is unable
&C. collect on the bond" he said. THAT
has been our experience: is it to be
repeated"
Councilman McManus, chairman of
the finance committee, who presented
the two ordinances for third and finai
reading, stated that "it was not the
proper time TO bring such matters to
the attention OF Council" He claimed
that City Solicitor Satterthwaite had
made an effort 10 straighteE out the
matter. but had been unsuccessful. be-
cause he had not been able TO locate
the much discussed bond.
NO one seems TO know what has
become OF the bond" Mr.. McManus
added. THE city solicitor has conferred
with the secretary OF the Board of
Health. lie is informed that former
City Solicitor Huxley has the bond
but Mr.. Huxley, when questioned
claimed that the Board of Health has
the bond.
"wcIl. it looks very much as though
someoBe is trying to be protected, :"
Mr.. McNabb declared. 1T Is common
talk about town that the bond has
disappeared, and IL is about time an
Councilman McManus next made a
motion to the effect that members
of the Board of Health be asked to
appear before Council next Thursday
night. A second motion was passed
asking former City Solicitor Huxley
10 appear at the same time. for a con-
ference relative to the $4,000 bond.
which was with the American Surety
Company.
An Air of Mystery.
Discovery that the Wilmington
Sanitary Company's bond for $4,000
with the American Surety Company
was missing was made when City So
lscitor Ruehen Satterthwaite made a
request OF the Board of Health that
u be delivered to him, following i'm
siructions he had received from the
Cty Council TO take steps to enforce
collection for the failure of the san
ssary company to perform as per tho
seectfications of the contract that COM
pany had with the city. Mr.. Satterth-
waite said today he was advised by
the Board of Health officials that the
bond was in the possession of John
". Huxley. Jr. former city solicitor
lie wrote 20 Mr.. Huxley. who replied
that he had delivered the bond to the
Aealth board.
Mr.. Satterthwaite said he has never
seen the bond and he knows nothing
of its provisions or what il calls Tor.
The purpose OF his investigation was
70 determine. IL possible. If there were
grounds upon which the city could
tase suit TO recover Until he does
sec il he can do nothing about the
matter.
When Howard Frantz, secretary of
"a. Board OF Health. was asked about
the matter. today. he said he would
have no statement TO make until he
appeared before City Council. He
would not discuss the subject.
Mr.. Huxley, when questioned relae
tive 90 the matter. was emphatic in
his assertion that he had returned
tho bond 20 the Board of Health. He
declared that he handed it to Secre-
tsry Frantz personally in the latrer's
office IN the City Han. He explained
that he had much correspondence
with the American Surety Company
rcls tive 10 payment of the bond, but
that payment was held up because the
surety company claims there had been
some changes made in the contract
about which they had not been noti-
fed and consequently the bond did
not cover them. Mr.. Huxley, however
contended today that the surety COM
pany had been advised of everything
that had been done in the situation
Their chief complaint is understood
10 bc that the sanitary company moved
from the old plant after the fire and
from a reduction became on incinerat-
ing company in the temporary plant.
MIR. Huxley however contends they
were advised OF the fire and of the
fact that the sanitary company would
have 70 move temporarily.
W. J. Highfield. local agent for the
American surety Company, stated to-
day that he knows nothing about the
bond. because It had been written
through the Philadelphia Office and
not through his office. The thought
however. that a certified copy of il
could very easik' be secured rom the
Philadelphia offices If it were desired
II Is the intention of the Council
men II is said. to see that collection
~ rnadc for non-performance of con-
tract under the bond. It is under
stood efforts will be made to secure
copy Of II prior to the meeting next
week between the Council. Mr.. Huxley,
the health board officials and Mr.. Sat
tsrthwaite.
DanfeJ Cadorf Falls From Ladder