Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-04-28
IS THE Bridge ACCEPTED?
Or Was Tuesdays Resolution
Simply Perfunctory?
WAS THE QUESTION STRADDLEDp
Contrasted Opinions Held by
the Lawyers.
Did Tuesdays Resolution of Acceptance
Really Accept the Cherry Island Bridge.
or is 1t Simply "in Obedience To tho
Act2' The Question Must be Decided by
the Chancellor.

1t was close to 4 clock p. M, yesterday
week before Levy Court reconvened They
were holding another closed-door commit
was excluded.
On resumption Of business motion was
passed reconsidering the report of the Red
Lion road committee, following which the
words, and the bridge shall be county
charge There was nothing significant in
this: The motion was simply to correct n
clerical error In the report which made the
bridge the. property of the hundred
1t IS understood that there is every like
lihood OF this being accomplished during
the present week The bridge will be nc.
cepted on the day referred to. II is gem
eially understood that a resolution to that
effect will be introduced OH that day This
means that the Levy Court will accept the
bridge OH its own motion.
IN regard to the talk of an uncompleted
bridge. or the general question as to what
IL completed bridge il is stated that in
that final discriminate sense Third street
bridge itself is not yet finished. 1t is in II
sense on probation. The mechanical APP
pliance is under test still. Several wagons
have already passed over the Cherry Island
bridge. There is some of the mechanical
parts of the bridge the wheels, &C.. to be
adjusted. But, this will all be thoroughly
completed, and is only dependent on CON
ditlons OF good weather during the week to
finish it.
Court adjourned TO Tuesday, at 10 a. m.
Levy Court met in regular session Tuesday
morning. The first business token up was
the question of the acceptance of the
Cherry Island bridge.
: Counsel for the opposition, Messrs. Bates,
Rodney Rodney end Lore, we're present. Also
for the bridge builders. 4 large number
Of citizens including Job II. Jackson,
Charles w. Talley. Charles Talley, Alvin
II. Morrison, q. A. Elliott, also City Solicit
tor Charles NJ. Curtis and others were
present.
In the absence of President Bucking-
ham, James II. Clark took the chair.
II was reported that the Cherry Island
bridge is entirely completed and ready for
acceptance. Mr.. Jolls made the motion
tilat the court rs committee of the whole
proceed Immediately to view the bridge.
George H. Bates following some prefa-
tory remark, offered formal protest
against acceptance stating the reasons in
opposition strongly and logically.
The document was ordered filed Court
then adjourned to l.30 p. IN. The mem
beis took. carriages at 1880 IL. H., aud
drove TO the site Of the new bridge.
STILL IN A TANGLE.
Returning from their visit to the Cherry
Island bridge ON Tuesday, the members
OF Levy Court took dinner at the Hotel
Willis. the guests of the marsh company
directors.
The members of court are extremely
pleased with what they saw at the bridge
and its surroundings.
The wording of the resolution of accept.
ance OF Cherry Island bridge by the Levy
Court at Tuesday afternoons session, in
dependent of the mere verbal introduction,
is as follows:
In obedience to the requirements of
said act the said bridge with its appurte-
nances is hereby accepted by this court"
The resolution was, after some discus
sion, adopted unanimously.
Ihere was one point which aroused a
somewhat warm contest 1t followed Mr.
Clark's inquiry as to whether the marsh
company had not agreed to furnish a
house and pay the expenses of the bridge
tender. This was conceded as fact by
Colonel Nields representing the builders
counsel III opposition then replied that if
tins be so the fact should have been en-
bodied in the resolution, otherwise it would
be OF no effect. The vice presidcnt of the
bridge company and also Colonel Nields
gave their personal guarantees that this
agreement would be carried out. The
latter was unwilling to embody the point
in the resolution as the record would then
be constituted conditional acceptance.
General impression seemed to exist
among the levy oourtmen that the per
sonal guarantee was sufficient and that to
Sickle further over the point would be
very small business for the court.
Mr. Killgore handed in resolution ask
ing that the point be embodied in the
original resolution. 1t, however, received
no seconder.
On motion of Mr.. Hutchinson, the chair
man, Mr.. buckingham, and Mr.. Hickman
were appointed committee to make the
agreement in regard to the two months
maintenance with the bridge company.
There is n very definite difference of
opinion even now on the iinality of what
has been transacted by Levy Court in re-
gard to the bridge. II is understood coun-
sci for the opposition believe themselves
very secure in their position and propose
70 maintain and push the matter before
the chancellor
Several of the members of Levy Court
still have fears that when the question is
brought up before the chancellor, and in
the event of the bridge enactment being
decided unconstitutional, the resolution
passed Tuesday may be determined
SIMPLY perfunctoryi as equivalent to the
courts not having acted at all, that it is no
special action of adoption holding the
bridge as county property independent of
the act, &c. This idea is based largely ON
the wording OF yesterdays resolution
In obedience to the requirements of
said act, &c." and that for these reasons
when the contra decision referred to has
been made by the chancellor the bridge
VIII not be county property.
Late Tuesday afternoon one of the
members of the court was Intercepted
along that line by a representative of
The GAZETTE, when the significant
reply was made:
"Oh, we are told" he replied, smiling,
'anyhow that if il turn out so that even
then we can accept the bridge of our own
account should we so conclude"
From the above it is gathered that the
bridge contest is still on and that there are
two battles in view, one before the chan
oellor and another following the decision,
should such decision turn out in favor OF
the opponents of the bridge.
The position of opposing counsel, il will
be remembered, is that if Levy Court sit
still with its hands folded" or if it does
nothing committing the court outside Of
the act TO the acceptance of the bridge
then, following the decision of unconsti-
tutionality the bridge can in no wise be ac-
cepted. And opposing counsel, it is un-
derstood as stated, consider yesterdays ac-
ton perfunotory and no original action of
acceptance by the court, OH the basis of
the words sin obedience to the act" &c.
II is understood that the city authorities
will now proceed towards extending the
eastern terminus of Seventh street to meet
the Cherry Island bridge.