Evening journal., 1922-08-12
KNOCK OUT
ORDER in ICE
PLANT CASE

cations are there will be keen fight
over the conditions complained of al
the ice plant.
Mayor Harvey and DR.. McBirney
secretary of the Board OF Health
attended the hearing. which was
held in Judge Rice's parlors.
Argument on the question OF
whether the Municipal Court should
go into a hearing in the cases OF
Lewis w. Denney and Edwin c. Den
ney, officers of the Wilmington Ice
Company. charged with violating an
order of the Board of Health in con-
nection with the differences between
the ice company and residents OF the
vicinity before the disposition of the
| injunction proceedings instituted
against the health board in Court OF
Chancery yesterday, was set for next
Tuesday by Deputy Judge Lynn In
Municipal Court this morning.
The hearing OF the charges against
the Denneys was set several days
ago for next Tuesday at the request
OF Robert G.. Harman, attorney for
the company. In Municipal Court
today Mr.. Harman asked that the
question of the propriety of hear
ing these charges before the dis
posing of the Chancery Court action
be argued Tuesday and that then, If
the court decides against him, hear
ing OF testimony be set for a later
date Assistant City Solicitor Green
opposed this and Deputy Judge Lynn
20 "a afFnrfnn him
IL he wants to safeguard his inter-
ests. to have his witnesses in court
on next Tuesday.
Mr.. Harman first filed with the
court the restraining order issued
by Judge Rice, sitting in the abb
sence of Chancellor Wolcott, yester-
day. against the board. He then
asked that the hearing of the
charges be stayed until after the
Chancery proceedings. He said he
wanted to know the status of the
case. TO know whether or not to
have his witnesses in court Tuesday.
Asserting that Mr.. Harman is fully
informed and knows his status, As
sistant City Solicitor Green said that
the question was new to him and
that he would want time TO look into
it. He said he did not want TO in
terfere with the Chancery Court and
that he was equally confident that
the Chancery Court did not want to
interfere with Municipal Court
matters.
Judge Lynn then suggested that
argument on the question OF whether
or not there should be a hearing of
the charges against the Denneys be-
fore the Chancery action be argued
on Tuesday and that, if the court de-
cides against Mr.. Harman. the hear
ing of testimony be set for a later
date.
Mr.. Green promptly opposed such
a course, Insisting that II Is a matter
of great public interest and should
be disposed of as soon as possible
He said the State would be ready to
argue the question Tuesday. and
that. II its contentious are upheld,
TO then go into a hearing.
Judge Lynn sustained Mr.. Green
and directed Mr.. Harman to be
.eady for argument and hearing on
Tuesday morning.
Action I'm Chancery.
Upon a bill OF complaint filed by
Robert G. Harman, attorney for
he Company, against the Board
4 Health, Judge Herbert L.
Iice. in the absence from the
ounty OF Chancellor Wolcott. has
'sued a rule requiring the defen-
ants to show cause why a prelfmi-
airy Injunction should not be issued
njoining them from interfering with
he operation of the complainant's
e plant at 40S North Harrison
treet. The rule is returnable Sep
amber IL.
Pending the hearing OF the mat
er, an order was iesued restraining I
he respondents from interfering :
18th the operation Of the ice plant
r from taking legal or other steps
r proceedings against the company.
The board had declared the COM
any's plant, at 40S North Harrison
treet, a nuisance and ordered the !.
uisance abated
on August s, the Secretary Of the =.
'oard of Health swore out a war !.
ant for the arrest of officers OF the =
e company. charging the company )
Nth operating a trade that cor :
upts the air by offensive smells"
Judge Rice's rule further orders :
that the said defendants. Charles :
Handy. Joseph c. Lawson. Albert t,
efferis, Harvey A. Murray and ,
larry L. Maier, constituting and .
omposing the Board of Health of /,
he City Of Wilmington. and Robert [,
T. MoBirney, Secretary of the Board /,
4 Health. be. and they and their
mployes, agents and servants, are
ereby restrained, until final deter ,
OF said rule, from taking ,
ny legal or other steps or pro- !
eedings against said Wilmington {
CO Manufacturing Company. its Of ,
GERS or employees. or any action $
thereby the operations now carried ,
n at the plant OF said complainant I
re, or may be hindered, delayed or {
topped, or from in any wise inter- I
ering with the property Of said I
omplainant as at present and here
ofore operated. and that the said \
efendants be further restrained Z
'om interfering with the use said 7
at present makes of /
i'd property, or from taking any s
whereby the use said s
now makes OF the said p
operty may be injured or destroy
!, hindered or embarrassed" E
Affidavits on behalf of the COM 2
iinant are TO be fled on or before fl
igust %. 1922. and aff1davits on g
half Of the defendants on or be- p
e September !, 1922. Affidavits in 81