The daily gazette., 1881-11-14
From saturday. Late Edi,,e, !
THE WATER PIPES.

eide II they Infringed Upon by
the City.
The dissatisfaction OF several water
right owners along the South Brandy
wine race, at the quantity Of water taken
from the race by the city, and the man-
ner of using the same, which was
reported In the GAZETTE several days
ago, is fully expressed In the following
Communication received by Mayor klI
mond, aud by him transmitted 70 the
City Council, last evening:
To Messrs. Lammot du Pont, Samuel
Bancroft, Jr., Geo. II. Sellers, James
K. Price and VIM. 7. Porter, Arbilra-
tors or Judges Of the Brandywlne
water rights IN South Long Race :
GENTLEMEN ;--In respeDss 10 your
communication made to US through Mr..
Bancroft, rs your Secretary, u1der date
Of September II, we beg 10 state the
following points which we desire 10 have
examined and determined by the Arbi-
traitors
/. The last adjustment Of the rights
was made August "a, 1857, under which
IL was provided "that cast iron plbte
Cor plates IL the wheel is 80 wide as 10
require two) with an aperture for pass Ing
the water, be placed In an upright p0si-
tlon In the forebay OF each mill and
we'll secured, TO be opened and closed
by the gate Of said mills respectively,
and that spertures to said plates be ad-
justed according 10 scale therein bel
forth. IL was further therein provided
that Achilles Hollingsworih, an agent
selected by the Arbitrators; should be
appointed s'to procure the necessary cant
ings, adjust The apertures and apply tbe
same as perma, emily as the nature Of
the case will admit"
In pursuance Of this determination
the apertures were prepared and ap'
piled by the agent Of the Board, and
were intended to remain absolutely
undisturbed az to location, and 1t was
not permissible tor any owner to alter
in any respect the location of the
apertures without the assent of the
other owners, and II any change 10
location should, II permitted by the
other owners, be made under the di.
rection of the Arbitrators or an agen;
by them named. The City Of Will
mington, however, removed Its apar.
lures and placed them in a different
location without any consultation with
the other owners, without any super.
vision by the Arbitrators of the change.
We submit that it is impossible Ia
have the apertures removed and theil
location changed without the ascer'
tainment of the new location By q
competent engineer, aud that in un.
dertaking such work by its own
agents, without consent of the other
owners, supervision of the Arbitratots
was wholly unauthorized, and further,
that no removal whatever of any apet-
ture could be made except upon the
determination of the Arbitrators and
under their order and direction.
2. That the determi nation of August
"a, 1857, above referred to, Is based upon
tns use OF overshot wheels in each mill
and that the city Of Wilmington has dia-
continued the use OF such wheels, aud is
now using a turbine wheel. That MP
such radical change in the use Of tbs
water by one owHer eau be made at all
without the determination and permiA-
sion OF the arbitrator; that no such per-
mission has ever been given, and II
given IL should be after the inspector ID
and approval by the arbltrAtors of tho
method of using the water and Its adj
justment Of the apertures through which
the water Is applied.
3. We are Informed and believe that
the city of Wilmington is now, and has
been for considerable space OF tune,
using more water than IL Is entitled I'd
under the agreements which control the
uss of the water rights, aud we req ne VI
that the amount OF water to which Id
rights entltle II be accurately ascer-
tanned, aud such arrangements be pro-
vided for by the arbitrators as to pre-
vent the use OF any more.
4. That the entire machinery for regu-
laiiHg the supply of water TO each right
Is ineffective aud not properly regul ated
the boards in the racs require examina-
ton and adjustment, and there are no
permanent marks from W hich level, IN =
he taken, and BY which 1t may be sscer-
tained whether the height OF the di fer
ant apertures is correct; and we submit
that 1t is necessary that thorough ex-
animation and adj djustment OF the entire
arrangement for regulating the division
OF the water be made, under the direc-
ton OF the arbi.rators, II being no
twenty-four years since such adj usttneu /
has been made.
Yours, very truly,
VICTOR DU PoNT.
Or counsel for estate OF Wm. Lea, decd,
and Jos. TatLall
j. l.. JOHNSTON,