Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-04-21

Court. We ask you To go no further until
new chancellor takes his seat.
MI Lorc-"Ihe Levy Court is only COM
petent when the property is offered as
public. bridge. What harm could be done
by waiting?
"The whole method of procedure of lay
ing out roads and bridges has been out
ragged by this enactment. The proceedings
Indicate that the projectors trusted neither
people nor Levy Court. The enactment
says and you shall accept If thereis any
foot.
"lf you once order committee which
accepts the bridge, land they ask you to do
this(, let you throw the law aside and the
the bridge is yours independently, and of
your own action. The truth Is they want
you to appoint committee to do this.
WILL RAISE THE QUESTION.
~ say we do propose to raise this ques-
ton and find out whether the highest
court cannot speak on the constitutionality
OF the enactment
Dust at this moment Mr.. Spruance ar
rived in the Levy Court and appeared
utterly surprised at what he fonndJ.
Mr.. Lore continued--"fh law says it is
= bridge when you accept it. What public
this indecent haste? What is lurking
behind this when you are told in good
faith that the matter will be tested. Let
these gentlemen watt larry at Jericho
until their boards are grown We will
put the matter to test Just as soon rs an
officer is appointed. think the bridge is
accepted when the record is made The
bridge is accepted as soon as, il is COM
plcted. You may sit down and fold your
hands. 1t is accepted independent Of your
passing resolution of acceptance"
MR.. BATES REMARKS.
Mr.. Bates said in effect understand
from members of the Levy Court and
citizens generally that there is general dis
approval of the sentiment underlying the
law and also I It this bridge is not pub
lie necessity Public expenditures are asked
to forward private ends.
believe il is right that the citizens should
hear this question discussed in the courts.
| have suggested that the best form would
be for the promoters of this bridge to ask
Tor mandamus compelling the Levy
Court to accept. | am ready to furnish
the Levy Court with Il guarantee that all
expenses to the county will be provided
Tor. We propose as soon as an opportunity
offers to appear before the courts.
PAPERS PREPARED.
The papers for that purpose are prepared
and only await the appointment of the
chancellor. 1t is unseemly, | think, to
.hhe advantage VI tHt lnterreSnufu eXlSt-
ing on account OF the chancellors death to
proceed in the way contemplated in Ger
tain direction. There is now no power in
the State to test the question. 1t is q
proper course on your part to suspend
action.
Your affirmative action would not re-
lieye you from litigation. Your non-action
will save YOU from expense. This am
ready to guarantee YOU
lhp thana mill ho 81,
Tor appointed until the close of the Kent
term There is no hurry for this week. /
ask you to sit still and do nothing.
WHERE THE FLAW Is.
This deed which has been filed is not to
the Levy Court. The law requires the
bridge to be made over TO the county. IL
mentions no trustees. No one can accept
but those appointed by the Legislature.
The trustees of the court house were APP
pointed by the Legislature.
MIR. srRuANcE's REMARKS.
Mr.. Spruance expressed his great sur
prise that he had not been informed of the
discussion. A friend had Just telephoned
the news to him. He asce-tained from
Mr.. Lore that the three lawyers repre-
scented the minority owners OF Brandy
wine Marsh Company.
These gentlemen, he continued. ask you
TO institute on your own motion some pro-
ceedlng, mandamus, to be awaited from
the direction of the marsh company. They
also come here with the extraordinary
proposition that they will guarantee you
against all losses from litigation. | know
II !, as a private person, were met in this
way, would know how to meet such u
proposition.
The speaker then referred to the full
public discussion already accorded on the
subject.
Mr.. Bates made an intimation at the
time that the legal points would not he
placed before you. But now they tell you
they have dynamite around their clothes
and ask you to let them explode it.
The speaker then rivetcd to the fact Of
the three months in which the bridge is in
course of construction. Why did not these
opponents step in and make some move
ment then?