Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1869-07-22
Third Street Bridge.
IT SHOULD BE coMpLETED-wHosE nurY Is III
TO DO SO


no DO So?
The very extensive filling up necessary to carry
out the tslgn Tor approaches at this end Of Third
street Bridge. SO as 10 make II easy OF not
| only from Third street but IRON the short avenue
connecting Third and Fourth streets, will be COM
| pleted in few days This work will be flushed
al n very Opportune tlm0, as travel will have 10
| be suspended soon over Market Street Bridge on
account Of alterations and repairs to BIZ made
| there.
But meanwhile nothing is being done TO make
decent or even safe approaches ut the suutherly
end OF Third Street Bridge, and there is nothing
likely " be done until the present dead lock bt-
| tween the City Council and the Levy Court comes
| 10 an end. As 1t Is, each of these bodies nov
claims that the olher Is bound to do the work
| The City Council has always claimed that IL was
| the cOunty's business to complete the structure.
but rs the completion OF the bridge to the fast
Land would not have answered the citys desigus
| on this side, aud would have been work which
would have to be torn up whenever the new
avenue from the bridge to Fourth street was
completed, the city aud the Levy Court together
with The Railroad Company, (Which was bound
by The terms OF the contract which secured tO It's
use Third street wharf TO assist the city iu this
tnattcr) joined In bailding the bulk head which
the Railroad Company is now filling IN. Doubt
les all three saved money by this arrangement,
but the Levy Court, by joiniug in IL, practically
admitted its responsibility in the matter of the
approaches, since the short street thus made in
lieu of regular approach was decided TO the CITY
by the Railroad Company before the work
commenced.
Oh the other side of the creek, committee on
tie part of Council offered to committee on the
part Of the Court to pay half the cost OF filing
up i'r approaches on that side, and the Levy
Court committee agreed to do so. Before the
Council would spend any money, however, ON
the land in gu stioD, they did, as they had done
ii the other end-sccured deed for it. TIE
Levy Court now make this the pietext for re-
fusing to bear any part of the expense. We re-
Gently published an extract irUm their minutes,
announcing this conclusion, but did not at the
time publish IN full the reply of the Council
Committee-Messrs. Stotsennurg, Plunkett and
Gallagher. The report Is AS t0ows;-
Your Committee ask leave tu report the follow
lhg, uis :-On . certain day we met, by appoint
mcnt, large committee of the Levy Court; they
made proposition that If We would agree 10 he
al one half the expense, they would be at the
other hall, and make permanent causeway or
approach to the bridge or superstructure We
introduced q preamble and resolution to carry
The proposition out before Council and il was
adopted and the committee on the part Of Coun-
Gil had orders to proceed in conjunction with the
Levy Court, notice being sent by the Ceik Of
Council to the presiding officer of said Court of
our action. just Us we thought all was right,
according 10 tue view of the Levy Court, they
made the discovery that the bed Of tue street was
decided to the city OF wilmington. The deed was
gotten from the owner Of the lund, as Is always
the case before the City Council expends any
money on any street in the city. Therefore the
Levy Court concluded that as The city owned the
bed OF the street, the county had no right 10
make the approaches to the superstructurc; that
they Thought when the city owned the bed of the |
street that they had nothing to do with the |
nridge or Its approaches. Now they accepted |
Slo,OOO private subscription to build the BRIDGE |
took the whole matter out Of the power of those |
liberal parties that subscribed the money in COM
plinnce with the act of the Legislature, aud gave
out the contract al very high price and actually
built the bridge On liud the county did not own, |
and II was never condemned for The use OF the |
public until the City Council took some action To
secure 1t for the use Of the public. But nothing |
surprised your committee more than to tind the |
new member of the court from this city oppOs- |
ing the Interests of the city and voting with the
other members TO throw more burdens on the cit |
zens oi wilmington because he says that the city
owns the street. What wisdom, what a Solo |
mon . Why the city owns all the streets OF the |
city, Market street at both ends where there
are bridges and Eleventh street also, and also |
Washington street when the bridge Is erected !
there. Wilmington Is to build the bridges aud {
make the approaches bceau,c she owns the bed |
of the street for the use Of the puhlici What I
nice discrimination against Wilmington who |
pays nearly one half of the taxes ot the county. |
But 1t IL all right TO vote Sl6,0u0 to build a |
small bridge and make approaches TO the bridge |
over the St. Augustine creek, and beturc il is fll-
shed it will Cost $50 0O0 Now, it is OF the olil-
ion of the Committee that the Levy Court is gov
crned very much by locality. The Court mt |
sundry times on a road neai Mr. Henry Cnurcl-
man and voted money, $1,000, to make Il cause.
way over Il marsh, and after that voted to put up |
the super structure. But that was outside the
city limits and ii was not expected that il would
iuure to the beucfit of Wilmington. Your COM
mttee cannot help referring to this Partial legis-
ation on the part of the Court, and its nice dis
elimination against our city. But our cty.is
stroug ass, bearing onr own burdens aud the
burdens of the County and State"
We may say in regard to this report or rath-
er argument, thwt the laws of Delaware ms found
on page l.2 of the Digest, very particularly de-
clare that all necessary causeways or approaches
y give access % bridge shall be taken and
deemed as part of the bridge, and ST. Angus
tine case shows that the Levy Court has
there acted in accordance with law. The actual
bridge or super-s,ructure across 81. Angus
tines creek. near the Bay Shore in ST.
Georges Hundred is comparatively trilling
affair, but the marshy condition of the laud
adjoining tho creek on each side renders ne
cessary the building Of very extensive cau,, ways
as part of the bridge. These the Levy @ urt are
building certainly legally and we presume very
We understand the committee to cte
this matter not for the purpose of ohjecting to
the building of ST. AugustiHe bridge but to call
attention to the fact that the same principle Is
not considered TO hold good with regard to the
bridges built last year at Eleventh and at Third
streets in this city Al Eleventh street the briige
as left by the Levy Court could only be got at ia
boats, and the city had TO pay every dollar OF the
expense Of completing it.
This question as to whose duty IL Is 10 build
these approaches is causing great public iucon-
yenience and should he settled somehow lmme-
faiely, but rs each body is advised 1t s righLb by
counsel learned In the law the courts, II seems,
will have to decide IL, and there seems no way TO
bring the matter before the courts until au acc-
dent occurs and the person damaged IN person or
property brings an action against the two,cily or
county, for damages for which one or the other
Of them is certainly responsible. We presume
there would be no question as to the RESPONSE ,
bility of the Levy Court, but for the peculiar
provisions of the act Of the Legislature author
ISipg the bridges 10 be built, but requiring the
money to bsraised BY rrf7ste subscription. III