Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1884-12-19
CITY COUNCIL.
TWO REPORrs nEFLECTuHG ON
THE sEW8B BCOmMIrTEE THAT
CAUSE A COMMOTlON, Etc.

The regular weekly meeting Of City
Council was held last evening, with Presi-
dent Conrad In the chair. The roll wss
called. and the minutes of the last sta
I'd meeting partly read, when onmotion
lot Mr. Blake the further read ing was
dispensed with, and the standing COM
mittees called.
The Opening Streets Committee re
ported In favor Of granting the peti.
tlon Of Joseph Zeigler, for grading
Maple street north OF jackson street,
and In favor Of granting the petition OF
Tindall b Brother, for grading
Eleventh street. between Adams and
Trenton streets.
Tho Law Committee, to VIII ON was
referred the petition Of Hoffecker &
Hc6ecker, for damages sustained by
parties In South Wilmington, by reason
Of their lands being overfowed through
tho alleged negii gence OF the contractor
who rebuilt the sluice, made majority
and minority report. The majority
WAS as follows
Msjority-The Law Committee, to
whom was referred the Communication
OF Hoffecker & Hoffecker, touching
damages growing out of an alleged de
fective sluice at the foot Of g street,
would respectfully report as fallovs !:
That this committee has had onferences
with Hoffecker Il Hoffeoker and their
clients. Messrs. James McIntyre, WIN
J. McGarr and Robert G. Torrens. That
It was asserted by all the claimants for
damages by reason Of negligence on the
Ipart of the constructors of the new
sluice, that during the putting In OF
same great quantities Of water came
Through the opening In the river bank
and flooded the lands Of the three claim
ants for damages, destroying the present
pasturage, and rendering It useless for
pasturage purposes during the ensuing
year.
That in addition Mcintyre claims q
, further damage In the loss of about six
tons of hay, between four hundred and
Ave hundred bushels OF corn and a
great quantity Of corn fodder. 1t is
further claimed that the new sluice is
of imperfect construction and has since
: 1t has been In operation failed to per-
form Its functions properly, aud has As.
sisted instead of hindering the flooding
Iof their lands, mainly by reason OF Q
lack Of proper foundations under the
sluice box. The gentlemen gave us nc
definite figures of their losses ~ al
: legged, but enough was gathered by
, your committee to warrant the state
ment to your honorable body that thu
{ claims will reach q very considerable,
lamount. Mcintyre claims damage fo
} loss of corn, loss of hay, loss of fodder
= loss Of present pasturage, loss Of mill
) production and loss Of future pasturae
the ensuing year. McGarr and Torren
claim damage for loss of present pas
U lturage, loss OF milk production and los
lof future pasturage for the ensuing
lyear.
I- Your committee would further Stat
THAT Mcintyre when before the com
mittee informed IL that he, when Ii
heard that the new sluice was about I
be put in, asked the chairman of tn
Sewer Committee for time to get in hi
=, corn, hay and fodder before anythin
was done, and that the request was me
~ by refusal to wait, he, the chairma
u Of the Sewer Com mittee, informing hiI
6 that he would guarantee that no dan
age would result from the doing of tn
n work. The claimants, through thei
q counsel, made the proposition to submi
y the whole matter to arbitration Counc
Il to choose one, claimants another All
they to choose the third. The com
S, mittee would most respectfully subm
this matter TO the honorable Council Il
., it's consideration. This report wa
\ signed by William G. Baugh, X. I
Taylor and Lewis T. Grubb.
s. The minority report, as follows, wa
signed by James McKenna, the chai
~ man of the Law Committee, and jam
d, Lynn.
The undersigned would most respec
$ fully report in relation to the sluice
~, the foot of G street that the origin
"a sluice is entirely outside the city limit
,h and the City Council never had al
riphtfnl jurisdiction over 1t. That \
10 believe that there never was contra
II to keep a sluice in proper repair entt
III cd into between former City Coun'
W and the property owners. II such
document does exist, it is not bindil
n on the present Council nor on any
al ture City Council. That the charms
of the Sow.r Committee was made
to Inuainted with the above facts by soG
of the tenants interested in the sluiC
IN and was asked by at least one Of thu
70 not to spend any money belonging
VA the city on such work, as the care
the sluice belonged TO New Castle HI
ldred.
That the present sluice Is located ct
siderably north of the old one and
lonly partially, if at all, within the G.
p't. limits. That the present sluice Is
tirely useless for the purpose for VIII
an sluices are intended, as 1t does not
form the services which properly G.
DIV structed sluice would perform. Th
ARE now, and has been for seve
Vi weeks, large holes or openings und
Of meath aud along the sides IN which
waters rush in and out as the tides
I'D. and fall, That the chairman OF
al Saver Com mmittee was asked by
Vi McIntiyre 10 defer cutting the bank
nd few DAYS until he coulu get bis c.
=, removed by himself and neighbor
llV the chairman informed him that
would not defer his work, and said
IL a would guarantee that he would sust
ue, no damage.
That the Committee on Sewers @
tn mitted grave error in doing anyth
~ whatever in the matter, and anot
error In suppressing the com unica,
ed. Of Hoffecker & Hofiecker, whereby
Council were kept In Ignorance OF
~ Of The sluice. That we believe the
liN Audi or should not have approved
ain IbilIs presented to him relating 10
sluice, az there never was any cont
ing signed, so far as we know, by the NJ
,c a nal contractor, for the proper const
tion of the sluice, nor for the holdln
llCh the city harmless from damages.
ing the the Ta1'1 tax pay srs Of the City. Of
40 ~. lamount of damages to be awarded
c"i arbitration or otherwise, we know
Ugh up to the present time more nc re than than
III pepded on this thing. We would
ina that the Council order ths Ine han mn, Il
ary. original condition. 80 tn that .ns,t no fuI u