Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1884-03-27


sent an article on railroads crossing
public roads. As am interested in the
matter have asked one OF the road COM I
nissioners OF our hundred for informa-
Iion upon the subject. asked him by {
what right railroad undertook to build
it's bridge abutments almost in the middle
Of the public road. He replied he did not +
know, but that the chief Justice during
the trial in our superior court, at a late
session, charged that the railroad had by
statute law the right to build their bridges
as suitei the railroad eompsny's convent
ence, provided it did not interfere with
the public travel. Now have all due
respect for the decisions Of the
Judges OF our courts. They no doubt have
made study OF the law and render their
decisions in accordance Herewith. Never
theless | cannot see why road commits
sioner should rot make use of his com
mon sense and ssy TO any railroad COM
psny you must not encroach upon the
right OF way OF any public road in our
hundred; the right of way OF all public
roads has been condemned by commits
sion appointed by the superior couEt to go
upon aud view the ground wherein the
petition asks that q new road shall be
laid out and they are directed by the
court that II In their opinion new road
ia required for the public convenience
they shall 80 rsturn it and that no road
shall be laid out of a less width than rs
feet nor over 40 feet,
Whist want to know is when scommis-
sion is appointed by the superior court to
go upon and see if the public convenience
REQUIRES new road to he laid out and
after having viewed the same they make
return that the public convenience re-
quires a new public road to be laid ont of
the width OF say, 80, 35 or 40 feet, as in
their Judgment the public convenience
may require, are they, the commissioners
SO appointed, to be the judges OF the
public requirements Are they authorized
to fix the width of the road to be laid |
Quit II they are and they say the road |
must be- for the requirements OF the pnb. |
lie convenience 35 feet, what right has any |
railroad or court or jury to say that IL |
feet is all that the public shall have or
use and has not the county paid for it
By what right does railroad, II it sees
fit, put it's bridge abutments out into the
road 80 as to rednoe the width of the road
to IL feet 7
| Have not when owning the land on
both sides OF the public road lust as
much right TO encrosch upon the width
of the public road as any railroad cor
poration has II was to so enoroach
upon the width Of a public road and the
commissioners were to return me to the
grand jury for maintaining a nuisance
would any judge charge that because of
long use of public road and 1t had be-
came much reduced in width where the
actual travel was done upon but Is feet
aud the sides of road were slopsd until it
had narrowed the travelling width owing to
the washing of the bed of the road and
say that for this reason | could make use
of ii for my private ends, | think not
The width Of the road laid out for public
use by commission from my standpoint
becomes secure from all entertainments
except for public travel as doea piece of
land bought by ma with good and
sufficient title become secure for my own
uses. donot believe that either court,
: jury or railroad company can use any OF
the width Of ground laid ont for public
: road for any use except for public travel.
Now own land on both sides Of the
line Of the Baltimore & Philadelphia rail
road. II the railroad can cut the width
Of the road, which ia 30 feet, down to 1t
: feet, as thu court decided they could do
a in Mill Creek hundred, then the railroad
company can obstruOt my view should
want to build on my land which il is very
likely may want to do And yet, il the
: decision OF the eourt is correct one, the
q railroad company can do the same thing
. al my crossing no matter how much il
may damage my property. 1t looks tC
> me If this can be- done individuals have
e no rights that railroads and courts car,
o to respect II this is so, then 1t is sbou
- time that individuals, who are the peopl'
of Delaware, had awakened to the fac
OF the true position which they occupy
y as citizens Of the state. NoH section 80
II chap. VI Delaware laws, revised code, says
, III any overseer of roads in any hun
dred iu Kent OF Sussex county or tn
IL road commissioners of any hundred O
New Castle county, shall wiitully suffe
= any public road OF bridge within pfope
10 limits respectively to be eneroaohed uuo
,s or distracted, " (further on the same sec
~, ton says for neglect of duty the) "com
, missioners shall bs dee med guilty OF mi:
&c demeanor, aud shall pay a fine Of S25
~ | may be told, same as the fellow VII
to vent to complain to Boss Tweed abou
>, his stealings, What are You going to d
> about it,. That is what am trying
e find ont. The railroad has already
10 through it's right Of way agent, told IL
IT 'tu 60 TO . warmer climate than that
H.. Delaware thst might spend my mon :
- aad they would laugh at me and do ju
as they pleased "
- Now, citizens OF Delaware, are We to |
to the slaves and tools OF this great owe
grown foreign mopeyed corporation.
for one, am not ready as yet to sckuow
-. edge any such master, neither do b
lieve cur courts will sustain them in u
uG way they are nov trying TO trsmple und
their feet the rights OF the citizens
Il, Delaware. They are az oily tongued Sc
"a they will say anything 10 sccumpli
their ends, and at once t1rp around al
la- do the opposite These are solid fac
es and know il from aad experience, II
ns said the devil car b. sweet at times
IS accomplish HIS ends and so eau this
who are trying at the present time
va grind cut Of the people of DelRws
Six the last inch of ground for t
-. least possible cent of mon
80 AID then laugh smoug themselves a
say didn't wa come II over them "
ny va got through Delaware for huudr
thousand dollars less than We had cal,
lated upon - They are like the freq
= tEs- Nlhht hu3L y ne " al ultt lLiO ill1 III +
-, bosom of its protector and stung :
individual that warmed It into LIFE TIL
asy have no sympathy In common with t
day people Of Delaware aud care no,uiug
hit. them only So far as it puts money il
a.. their pockets.
'7e' Things have changed OF late. \
on deeisions Of the Supreme Court of I
United States at it, former ard press
session go to confirm VIVA. the farmers
some of the western states long since :,
the people Of the states had the right
ltis- do, aud that ia to regulate by legislst
e+t- action all railroads regardless Of tn
w w ~ rpsta!e powers The people Ldd
t Us reins, AID for one shall here after
fIsf to help direct aud see that
sfor people drive, and that they shall hi
OF tLs right Of way and the full width OF
OBJ public roads. These railroads are o
utA public highways aud have by the
! ~. - decisions OF the highest court in the DO
tht. Of the people been so decided and, as
Jws OF the people, 80 far az am able, itshsI
i of war Rsnt to know andIthe people al
ans know Who runs the State OF Dslaws
the psOple or the railroads. WIN. DEAN