Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-04-14
LBYY oouRr.
The Bridge Question Discussed -ResoIr-
tipug passpd.

Cherry Island marsh bridge William O.
Spruance, the attorney for the builders of
the bridge again asserted that there was no
use in his making answer until the plain
| tlffs had made their objections known
| This had not yet been done in TERMS Mr..
Spruance asked what the legal objections
are.
Mr.. Bates declined to argue questions of
law before the Levy Court. The latter
must get its law from its legal adviser. II
do not propose added Mr.. Bates, "bcing
shut of forever, Mr.. Spruancc, after you
have spoken"
Mr.. Spruance objected to the course of
putting in arguments afterwards when the
case is closed. / have discovered, the
speaker added, that the self-appointed
| guardians of the people are job II. jack
son, his counsel and his friends whom he
has got to back him up. The petitions are
from men whose works occupy either law
| fully or unlawfully some of the streets of
the city and are afraid that public streets
may be opened through them.
| Mr.. Spruance could imagine even greater
calamities than street going through the
Jackson Il Sharp works.
Mr.. Jackson--"What could be greater
calamity than to destroy works that
feeds 5000 people,"
mington more important than the Jackson
q sharp Company or its president
Mr.. jackson did not deny the possibility.
MIR. Spruance conceded that he had
heard that this bridge matter is private
enterprise. II is true in the sense that the
promoters would not have built the bridge
II they did not expect some definite benefit
from it. Who regrets that Third street
bridge has been built. Yet at the time Of
the proposition to build it numbers of
citizens opposed the Legislatures allowing
| private citizens to erect a bridge.
We want the same right on our marsh
land that Mr.. Jackson is enjoying in his
and it is wrong to deny us all the privi-
lleges ,rightfully belonging there. All the
big shops of the city along the Christiana,
the Harlan e. Hollingsworth, p, w. ~ Is.
car shops, &C., are all on marsh land. I'm
mcnse sums OF money have been invested
i'll the reclamation of these lands and pros
porous and valuable manufacturing estab-
lishments are there. The Levy Court has
nothing to do with the use of marsh land.
Mr.. Jackson has probably made more than
any other man in town upon marsh land
that he says should not be used for that
purpose. lie made no mistake in
saying that his company does not
employ men for the public benefit.
1t is conceded of course that this COM
munity benefits largely by the conduct
OF the honorable: and legitimate business
Mr.. Jackson carries on so successfully on
the marsh land. But that company must
not try to straddlo the town.
Mr. Spruance then proceeded to discuss
the legal position and standing of his
clients. The Cherry Island Marsh Com
pany hold title, by legislative enactment,
the right to build bridge at the point
located. 1t is on the line Of Fourth street
extended. The work accomplished is in
accordance with the requirements of the
act. When the bridge is completed the
Levy Court is required to accept the bridge
and to maintain it.
THE ACT is MANDATORY.
The legislative act is mandatory. No
lawyer can successfully contest the con-
stitutionality of this act.
THE GATE ACROSS THE STREET.
Since 1877 the Jackson & Sharp Com
pany has had gate across Seventh street,
public street. Ii can be shown before
the proper tribunal that the street has
been decided to the city.
Mr.. jackson claims that the street is the
property Of the Brandywine marsh owners.
His share of it is 24l acres. have petit
ton from most of the other owners Offer
ing part of the marsh road for public
road. No one but Mr.. Jackson is occupying
the road. There need not be any fear in re-
gard to damage suit. Most of the road
is made and the city will take care of its
rights
Hundreds of people ask for the road to
the river. Their names are on this petit
ton. Thomas II. Bayard has written
letter favoring the extension to the river.
The city has graded street. It is 10 feet
above high water. You will find that
when the bridge is offered to you there
will be way to get to it. The majority of
public sentiment in Wilmington is in favor
of it. The press, the money and the prop
erty of the town is favorable II Mr..
Jackson can get six cents damages for
opening Seventh street he may consider he
has secured a prize. The Levy Court has
nothing to do with this matter to-day The
bridge is not finished. II is not offered
and when 1t is you (the members of the
Levy Court will have no discretion in the
matter.
Later Mr.. Spruance read telegram
dated yesterday from Philadelphia re-
ceived from William Sellers, president of
the Edge Moor Iron Company, stating his
approval of the Cherry Island bridge
project.
When the time comes Mr.. Spruance be-
lieved the Levy Court would do its duty.
At the reconvening of the court at go |
p m resolution was introduced by Levy |
Courtman Isaac n. Grub as follows
WHEREAS, The Levy Court has learned of |
the de.th OF the chancellor of this State which |
occurred at his home this morning; therefore, |
be IL
Il soiucd That out OF respect to his memory |
the ianitor is hereby directed 10 place the court
house flag at halt-mast and TO drape with |
mourning The bench in The court room.
The motion passed unanimously,
Sheriff Simmons report for the month |
of March of time made at the jail showed |
1861 hours Ninety tons of macadnmized |
stone were shipped To different points in |
the county. There were received during
the month 10S cart-loads of stone from
Wilmington a Northern railroad.
Tho fnllauinp resolution NaS puseod
Resolp d, Thpt an order be drawn in the
name Of W. A. La Motto, treasurer OF tho
Farmers Mutual Life Insurance Company for
$al.I6 in payment in full OF insurance on
policies held by said company on policies Nos.
T,Gs0 and i2,995.
Court adjourned to 10 o'clock Thursday
morning.
Court was occupied all Thursday morn
ing in considering applications for new
roads and bridges in the various hundreds
The following business was transacted:
Brandywine hundred-The report of the
commission. comprising Il. L. Armstrong,
Philip X. Clark, IL. A. McMullin, ]. u.
Carlisle and GILES Lambson, appointed on
q section Of proposed new roadway from
pike, passing through the property of
James ii. Guest and Mary J.
Williamson, in Brandywine hundred.
was presented by levy courtnlan
Grubb, who moved the acceptance of
the report. Walter Hayes spoke in favor
of it, The damages included to James ii.
Guest, 81; to Mary j. Williamson, 81 900.
The report was accepted with the proviso
that the money be not claimed until Sep
TENDER. William I. Lyman presented the
report of the commission to condemn land
for the new road from the river road To
the philadelphia pike passing through the
LoDdell, Weldon. Lenderman and other
lands in Brandywine hundred. The dam
ages are: IL. K. Weldin, s2G7; II. G.
Clark, 800; George q. Lobdell, $780, Isaac