Evening journal., 1892-04-26
THE BRIDGE ACCEPTANCE.
Lawyers File a Protest Against the
Cherry Island Marsh Draw
Members Go to the River FrOut-Very
Much Pleased with the Prospect wined
and DIned At the aoteI willis BY the
Friends ofthe Bridge.


frame bridge question rose like BAnquo's
ghost in the Levy Court room this morn
ing. Messrs Bates, Rodney, Lore and
Hields were there. but William O.
spruance, counsel for the bridge, was
not,
After the roll WAS called George Il.
Bates, counsel for the opponents Of the
bridge. presented the fOllowins remon-
STRANGE;
GENTLEMEN We the undersigned,
representing the interest Of their clients
and also setuated by their conviction Of
duty to the people of this county, re
speeffully beg leave to present the fol-
lowing protest against what is known as
the Cherry Island March bridge. (which
has been erected by the directors Of the
Cherry Island Marsh Company it Is
claimed under an act Of the General
Assembly of this state, passed April 81.
1891
VICIOUS LEGISLATION.
"First-This class Of legislation is
essentially vicious in its character. You
are the fiscal agents OF this county.
thoroughly familiar with the public needs
In respect to roads and bridges, and
clothed with general power by the laws
Of this state TO accept or reject,
in your best judgment such county
improvements as the public interest may
require. This law overrides that dis
erection and assumes TO permit private
parties to erect bridge and compel the
Levy Court TO accept and maintain
II thereafter At public charge. whsther
there be any necessity for it
or not. This takes from the Levy Couri
the proper management Of that part of the
oounty's interest which the law has al
ways regarded as their special province.
| "Second-The law itself Is Of doubtful
validity. It is extremely doubtful
whether the bridge, which Is claimed to
have been built under these terms. can
be lawfully placed upon the county as a
public charge. II is proposed to test this
| question Of law as soon as the chancellor
of this state shall be appointed to take
eognlzance Of such questions, so that by
judicial decision the very right Of the
matter may be ascertained Such action
could not properly be taken until the di-
rectons Of Cherry Island Marsh Com
psny ask the Levy Court to assume the
burden Of the bridge, which the said di-
rectors are now pressing.
"rhird-Even II the law were Just n
principle and uuquestioned In authority,
still the bridge should not become a
charge upon the county, unless II is
such a bridge as the Levy Court
itself would build to meet the
public demand, that is, sub
ntantial, we'll built and serviceable
bridge and not mere temporary and
imperfect structure, hastily built. And
we beg that ample time shall be taken Ia
ascertain this fact, and II ueed be, that
| . h. dwfa - l.
bridge builders be taken to ascertain
the actual condition Of the structure
"Fourth-Thst by the terms Of tn,
act there is no Limitation Of time within
which you are to decide whether III,
bridge is complete and open foi
travel, nor Is there any press
, ing public need or exigens,
that the question Of completion shoul'
be decided instantly. sThe very urgency
! of the parties who built the bridge &
have the court relieve them Of the bur
den, strengthens the position that grea
, caution should be exercised by you
, body.
"Fifth-This being a drswbridge owe
navigable stream. necessary par
thereof Is house for q brldgetender, al
much so as the machinery to turn thl
draw. Evenithe,act itself, upon theimos
2 strained construction. does not authoriz
! or require the expenditure Of one dolla
5 Of county money In construction Il is pro
q vided only that the completed structur
shall be thereafter maintained Tn,
3 acceptance of the bridge in It's presen
8 condition. therefore, would entail upol
the county an immediate expenditur
for which there is no warrant in the ac'
A QUESTION or COMPLETION.
Z "In conclusion, therefore, we woul
Z uage that the utmost care shall be take
by you to see that the requirements o
the law are fairly and fully met before thi
bridge is made a county charge, the car
of which bridge together with the con
struction of the bridge house, approache
9 to aud marsh roadway necessary for th
j. use Of same, will entail enormous outla
Of the public money II the near futur
2 at time. too, when public opinion as
y pecislly demands the most rigid econom
I. in the expenditure Of county funds.
GEORGE q. BATHS,
CHARLES B. LORK,
'JOHE d RODNEY,
u ''Of counsel.
The remoustrance was accepted an
Il filed On motion of Commissioners JOll
the Levy Court then adjourned unit
n 30 o'clock this afternoon with tn
n understanding that, during the noo
recess. the members we're to 90 to tn
K bridge and view IL.
PRIVATE PARTY vs. PRIVATE PARTY.
It A number of cabs were at the Coui
y House door and the members were ca
y Iied In these 90 the foot of Sevent
\ street with representatives of both side
's Of this agg awaited question They wei
pointed out all its good and bad feature
and then marched up the hill agai
fully realizing what It Is to.be the midd
party in 6ght.of private party againl
'0 private party with the 'county's interes
being used as a blind by both sides.
m The examination extended clear to tE
river front after the draw Of the bride
4. had been tested. The members wei
very much pleased wi the prospect
Wilmington's extension over the Brand,
Is wine. Job d. Jackson was one Of Il
party
t. Commissioner Simpler said: at
nice marsh land. think the bridge vi
be formally accepted
Commissioners 1ru6b was even moi
enthusiastic He said: 'It is splend
country out there, and 1t looks to me I
II 1t would build up IL opened to Il
Z people
Is ''I think It very good soil for truckiD
and building. It is good high mars
land l wish mine was as good. sal
~ 1 COmmiseiouer Clark