Evening journal., 1922-02-25

SEEMS CERTAIN
lncinerator Work May be
Delayed by Predicted
Court Fight
UNION LABOR
CLAUSE, CRUX

That injunction proceedings will
be instituted in an EFFORT to hold up
construction OF the Davis 75-ton
garbage incinerating plant because
OF the inclusion in the contract OF
clause specifyig that union labor
shall be employed was generally re-
garded as unlikely.
The clause is viewed. first. as H.
legal, and second. as improbabiy OF
iulhllment because Of the phrase
so far as is possible with no finan-
cial loss In short. II is not re-
garded as an imperative or strictly
binding restriction.
As the situation stands the Davis
company Is expected to begin work
on the new incinerator early next
week II was at first expected the
company would begin active opera-
tions today, but this was found to be
impossible II was said at the office
Of the city Board OF Health. every
effort will be made to rush the work
so the new garbage burner will be
ready for,use before warm weather
sets in.
The new plant will be erected on
a plot OF ground adjoining the pres
ent Nye plant. and the same ap-
proach will be used for both plants
with a driveway extending through
the Nye plant, at the foot OF Liberty
street.
At the meeting yesterday after
noon OF the Wilmington Employers
Association. IN the Law Building.
Il was declared that the clause in
the contract placed local contrac-
tors, who do not employ union labor.
exclusively. In an awkward posi-
tion Some OF the members talked
Of an Injunction on the ground that
the contract is discriminatory and
unfair. in that it bars non-union
labor. II was decided. however.
that a resolution Of protest would be
sufficient.
such a resolution was drawn and
sent TO the Mayor, City Council and
the Health Board.
Similar action may be taker
by the Manufacturers Association
While IL claimed the clause would
not stand a legal test. n snit were
brought by either party 10 the con-
tract. IL is not believed legal steps
will be taken 10 have the CLAUSE
eliminated because OF the mutua
understanding between the city ant
the contractor previous to the exc.
cution Of the contract.
An effort in some quarters appar
entity 10 make City Solicitor Sat
terthwaite the goat" for including
the labor clause in the contract wa
knocked out today by Mr.. Satterth
waite himself. II is averred that tn
clause was inserted by the cit
solicitor at the request OF the Davi
company. When this statement wa
called 10 Mr.. Satterthwaite's atten
tion. he said:
"The labor clause has been In IN
contract from the time IL was frs
placed before me by Henry p. Hook
president OF the Davis Company
The contract with the clause wa
passed on favorabiy by the Boar'
OF Health and City Council. mem
bers OF which knew the clause wa
contained in IL. There was no wor'
OF protest from elther OF thos'
bodies. and. in fact. the Contra
Labor Union was notified OF tn
clause and there appeared 10 b.
general satisfaction that union labo
in wilmington would be given tn
. preference in building the inciner.
ator.
lit was my duty to see that tn
form OF the contract was correc
and that ii was valid. I rewrote
twice. but each time left the labo
clause in il as neither the Board o
Health nor Council had raised an
objection TO Il.
Yesterday, when the contract wa
signed called Mr.. Hooks attentio
to the labor clause and asked hir
II he had any objections to IT, II
replied that he wanted It include
and that II was contained in ever
contract made by his company.
Il did not insert the clause, no
recommend It in any way. 1t wa
in the original contract and as
have said. everybody appeared
want st."