Evening journal., 1891-01-09
LAST EDITION
sIlveReRooK QUESTION
Perpetual Injunetions Restrainln
Parties From Polluting the Stream.


Perpetual Injunctions Restraining
Parties From Polluting the Stream.
The condemnation of Silverbrook for
a common sewer which is being talked
of by reason of petition presented to
the Street and Sewer Department by
representatives of Peter j Ford. is a
matter Of interest to the citizens of Viii
mingtun by reason Of the probable ex.
penditure of public moneys which would
be required in paying for damages to the
owners of riparian rights in Silyerbrook
and Mill Creek, into which Silverbrook
empties
Silverbrook has It's source Just below
the Kennett turnpike. west of Scheutzen
Park, runs southessterly to its junction
with Mill Greek, on lands of DR. Joseph
p Stidham. At Second and Webb
Streets on its banks, is erected the large
morocco factory Of the Ford and Ryan
Company. The erection of this factory
on its banks has given the stream quite
q history.
AS early as May 6. 1885, bill in
chancery was filed by Ann B Forman,
asking an injunction against the erection
and operation of a morocco factory at
that point, showing that even before that
factory were completed notice was
served upon Peter j. Ford and others
whom it might concern, that the owners Of
land along the streams mentioned would
not and could not submit to q pollution
of these waters, This notice was signed
by several landowners, farmers along the
stream and by The Jessup and Moore
Paper Company, whose pulp works,
called the Delaware Mills, are locat ed at
the mouth of Mill Creek on the
.Christiana river. A preliminary injunc-
tion was at once granted by the chancel
Tor against the pollution of Silverbrook
by Messrs. Ford & Ryan, and this in
junction, after long and expensive
light in chancery, was made perpetual in
1886
IL the meantime the Jessup and Moore
Paper Company in order to protect their
own rights, had fled another Injunction
bill on June Is, 1896, setting out the
above facts, and that they had erected
very extensive and expensive wood pulp
mills. which employed large numbers of
working men, and required for its use
1000 gallons of pure water per
minute; that the mills were dependent
upon NIL creek for their water
supply and the operation of q m orocco
factory on this stream or its branches
would SO pollute the waters as TO make
them unfit for use, and that the mills
would have to be shut down and rem.
dered useless. On June 19, 1886, the
chancellor, granted a rule to show cause
why q preliminary injunction should
not be awarded as asked for, and, after
full argument of the case, answers OF
the defendants having been fled and tes-
timonY on both sides presented, such RUE
was made absolute and preliminary in
junction granted as in the Forman case
the preceding May.
At the March term of the Court Of
Chancery, following, the injunction was
made perpetual The Messrs. Ford and
Ryan in these cases were represented by
Senator Gray and William c. Spruance
Esq. The riparian owners, including
Mrs. Forman aud the Jessup and Moore
Paper Company, were represented blythe
late Victor DUPONT, E. g. Bradford and
Willard Saul sbury.
While the case was being tried pollu.
tions Of the stream occurred and at that
time and subsequent TO the iniunctions
being made perpetual, the defendants
were arrested for contempt Of court
in disobeying the injunctions
and have been twice fined,
in the only cases which have
been pressed against them. The last
time they were fined the chancellor
distinctly told them that future viola
lations would be punished by imprison.
ment. Ii is claimed that no effort has
been made to reverse these decisions
on the contrary they we're accepted as a
final determination of the rights Of the
parties with respect to the stream.
The riparian owners claim that Mr..
Ford is now endeavoring indirectly to
avoid the DEGREES Of the courts in their
favor by getting the city TO take up the
fight he has lost and thereby relieving
himself of the possibility Of a heavy
damage suib which ia certain to be brought
If the stream is polluted.
The damage to the Jessup and Moore
Company. it is claimed, win be not less
tnan $500, 900. to say nothing Of the fact
that this pulp mill, which is one OF the
largest in the United States, supplies the
paper mills of the company with pulp
from which the paper is manufactured.
They assert that Mr. Ford bought q
large tract Of land at Silverbrook as a
speculation in building lots He started
to build his factory, and though warned
by them not to continue, kept on
for the purpose Of making his lots valu-
able. That now his factory has SO
grown that he cannot pump away his
refuse, which is necessary, If he complies
with the injunctions, and If
successful Ia his efforts to
saddle the stream upon the city as a com
mon sewer will cause the city to pay con
demnation awards for riparian rights Of
from $500, 900 to 81, 900, 900.
The matter has been referred to the
city solicitor BY the Street and Sewer
department, and Willard Salisbury, Jr.,
with Others, will represent the riparian
owners.
Not TO BE Welded
The Daily Republican last night said +: