The daily gazette., 1879-01-17
The civ Council.

Regular Meeting-John Gallagher Gets
Ddmdges--The Brdndyuine Water,
Etc.
The City Council met In regular ses-
sion, last evening, President Lichtenstein
in the chair.
The Finance Committee, on the petit
ton of the Wilmington Loan Associa-
ton, asking for the refunding of overpaid
tax to the amount of $2.40, reported fa-
vorably. Adopted.
The Street Committee, on petition of
John aliagher, asking Council to pay
him damages for Injuries sustained by his
little girl, in 1875, by some curb stones,
which were carelessly piled in the street,
falling upon her ankle, reported in favor
of allowing him 800.
Mr.. McGlinchy asked for information
as to the reasons which induced the COM
mittee TO make this report.
Mr.. Norton stated that the curb-stones
were laid along Taylor street. and were
piled up so carelessly that when Mr.. Gal
lagber's little girl came along and placed
her hand upon them they torped over
upon her ankle and inflicted such injuries
that she was rendered incurably lame.-
The father, he said. was poor man and
unable to pay the doctors bill incurred
by the accident.
Mr.. Paynter was of the opinion that
the contractor who deposited the stones
on the street, and not the Council, was
the responsible party.
The report was adopted.
The Street Committee, on the petition
of S. l. Easburn and others, in relation
to the flow of water from the malt houses
at Sixth and Orange streets, reported in
favor of insiructing the Street Commits
sioner to direct the parties occupying the
premises to run their water off into the
sewer, instead of into the CUTTERS
Adopted.
The Law Committee, on the resolution
directing them to report as to the law in
relation to persons polluting the Brandy
wine water, presented the following
opinion of the City Solicitor
WILMINGroN, DEL, Jan. 1879.
To r. II. Taylor, Esq, Chairman Water
Committee
DEAR SIR: The resolution of the City
Council instructing in. Law Committee
to report what jurisdiction the Council
has over persons pOlluing the waters of
the Brandywine creek, having been re-
ferred to me for my opinion thereon, |
have to state that ii in the opinion of the
Board OF Health, the emptying into the
waters OF the Brandywine creek of any
impure or poisonous matters is likely TO
introduce into the city any infectious or
contagious disease, the Board of Health
has power, under the present charter
Of the city and the ordinance passed in
pursuance thereof, To cause the same to
De abated, and for that purpose the .juris-
diction OF the Board extends to anV dis
tance within one mile of the limits of the
city. (SeCtion q, city cLarter-Ordi-
nance passed April Is, 1860
In case any person or persons residing
moro than one mile beyond the city
limits should put or suffer to be put or
discharge into the waters OF the Brandy
WINE Greek any substance or matter
whereby tho water, b ing used for .
drink or beverage. should become nOx-
ious to health, or disagreeable to the
sense of smell or taste, such person or
persons would he liable To indictment in
the Court of General Sessions OF the
Peace and Jail Delivery. and upon con-
viction would be fined from $1,000 to
S5O00 in the direction Of the Court and
the Sheriff, upon the order Of the Court,
would be required o abate the nuisance
unless it should be abated within twenty
days. Chapter 405, volume IL, Della
ware Laws Revised Code, page 1861
The act just referred to provides penal
ty of 300 upon any person convicted of
suffering any excrement or offal from
prlvies, hsg pens. &c, to be discharged
into the waters of any stream the waters
of which are used for u drink or bever-
age by the Inhabitants of any city or
town.
The only remedy that the City Council
has aga nst persons pollu'ing the waters
of the Bran1ywine beyond one mile of
the limits of the ciry Is that provided by
the above mentioned acts, unless such
polluting of the water should injuriou.ly
affect its rights as a mill owner or ripari-
an proprie or, in which case its remedy
would be by an action at law TO recover
damages.
Very respectfully yours,
3. A. MACALLIsTER, City Solicitor.
The report was adopted.
Yhe " Water and Street Committees, on
the petition OF VIM. McMehainin, and
others, asking that the city allow men