Evening journal., 1892-06-18
ANOTHER INJUNCTION.
The Attorney-General Takes a
Hand in the Bridge Fight.
lHE BILL OF INFORMATION FILED.

THE BILL OF INFORMATION FILED
Chancellor wolcott Asked TO Enjoln the
Cherry Island Marsh Company and the
Levy Ceurt-Job II. jackson Wants the
bridge Declared n Nuisance and Re-
moved George II. Bates Filcd the BIZ
ON Thursday.
Hon George H. Bates, attorney has
hled bill of Information in the Court Of
Chancery. in the ease Of the attorney
general eX relatione jackson and Sharp
Company vs.. the Cherry Island Marsh
Company. and subpwnas were issued yes
terday. rsturnable ut the New Castle
Office of the Court Of Chanesry, on
August A. II Il really against the Cherry
Island Marsh Company and the Levy
Court of New Castle county, and William
f. Sellers. Jacob Atwood. William and
lsaae'S Elliott, alleged trustees
Obstructs the stream.
The third article Of information states
that the jackson & Sharp Campany has
wharves ON the Brandywino above the
bridge. and that the structure
ohstructs the large foreign vessels from
getting TO them 10 claims that the
building OF a bridge over naugable
stream by corporation is franchise
which cannot be exercised by
corporation such as this except by an
amendment to the charter passed. by the
General Assembly and that such an
amendment was never passed
simply Geographical division.
II asserts that New Castle county is
not a corporation but simply % geograph-
icdl division of the state and is not capa-
BILE ia law of receiving conveyance Of
property Therefore a valid conveyance
of the property for the use
Of the county could only be made to
trustees designated by the Legislature.
/ for that purpose Asa consequences the
decd of conveyance is of no force aud
effect
For Private Individuals.
The claim IL mnde that the bridge is
not intended or required 10 supply any
public necessity. But is simply FOR the
use and profit OF private land owners II
holds that bridge constructed
over navigable stream without
authority Is nuisance liable to bo
abated in a court OF equity IA is con
trnry both 20 No construction and laws
OF the United States and of the State Of
Delaware. The land situated At each
end of the bridge is wholly
within the limits Of the city OF Whining
ton, and there is no power by which
county road may be laid out over which
accoss 20 the bridge nnrv be- obtained or
land condemned f0f such roadway. The
acceptance OF tho bridge will
entail large expenditure for which
no public necessity exists Tho relator
is a taxpayer and AS such in common
with other taxpayers, he kicks IL re-
viows the action Of the Levy Court in re-
fusing TO recognize the Jaeksonian pro.
test, and accepting the bridge under CON
dition that the company would take
care Of it for two months 1t
intimates that the Levy Court will build
bridge-tender's house unless restrained
by tho chancellor. The bridge is not and
was not at the time of ita acceptance a
completed structure being de-
fectivo In many particulars therefore
the deed was Illegally recorded.
The bridge Is constructed OF such mater
ial and so imperfectly that it does not in
good faith meet the requirements Of the
act Il being a mere pretcnso OF a bridge
A; which win have TO be practically rebuilt
= in short time.
Earth with Fence Arosnd IL.
i In conclusion the attorney general al
the relation aforesaid prays that the de
PENDANTS may fully and truly answer tn,
information; that the deed may be de-
. creed to be absolutely null and void
/ and .that the Cherry Island Marsh Com
> pany may be pefPetually restrained by
3 injunction from granting the bridge I,
y the county. and that a preliminary in
y junction may be granted until the
y. chancellor decides the matter II
q modestly asks for the sam,
y thing TO prevent the Levy Couri
e from taking the bridge as a charge Of the
Il county That the defendants or any Of
them may be restrained frsm continuing
20 have and maintain the bridge and
that they be required 70 remove it under
the direction Of the court
The lengthy document is signed b.
e John r. Nicholson, attorney general
E and George H. Bates. Solicitor for rola
p tor Attached TO IL is the affidavit O
job II. Jackson, and two exhibit
OF romOnstrants: and reason
= why the bridge should not be accepted
r signed by George H. Bates, Charles B
Lore and John H. Rodney Last, but no
least. is a copy Of tie resolution accept
ing the bridge passed by the Levy Court
Taken altogether, IL is very nea
y type.written vail of twenty sections
bound in duckegg green paper, Of al
Z aquatic hue, but having no water-lmes il
n il.
Dr. Trivial Cases settled.
y WilEQm Dorsey was CHARGED in Maqis