Evening journal., 1892-10-19
THE IMPATIENCE OF JOB
Levy Courtmen Approve the
Cherry Island Answer.
THE COMPLAINT GAME TOO LATE.

lnh OOmI LA lN Ohmh lOO LAl1r
The Jackson & Sharp wharves on the
Brandywine far Away From the bridge.
Levy Court Acted Under statute.-A
House not Necessary to the Completion
of the Bridge.
Richard G. Buckingham, Isaac N.
Grubb Samuel Killgore Robert Sutton,
David p. Hutchison. John w. Jolls and
James H. Clark. Levy Court commissions
ers, met In the levy court room and heard
the answer to the Cherry Island bill Of
complaint read, as prepared by H. G.
Bradford, attorney for the court.
The defendants do not admit that the
Cherry Island Marsh company was
created for the sole purpose Of maintain
ing banks aud bitches for the improve
ment OF marsh lands owned by the mem
bers. While admitting that Brandywine
creek Is navigable stream the defend
ants affirm that the jackson and Sharp
company is situated upon and has
wharves along the Christiana river, and
that from these wharves are shipped all,
or nearly all, of the products manu-
factured by the relator and transported
Of the company on Brandywiue creek are
situated about a mile above the bridge
and are but little used In the conduct of
the business of the SAID relator. They
do not claim personal knowledge that
the bill was not passed by a two
thirds vote Of the General Assembly
and leave the relator TO adduce such
proofs In that behalf as shall seem
proper. believing that the mandatory
provisions of the act Of assembly
authorizing the erection and acceptance
Of the bridge to be, in all respects, valid
A Political Division.
The defendants do not admit that New
Castle county is simply a geographical
division Of the state, but aver that it is
political division Of the state and
vested with large powers Of government,
including levying Of taxes, expendi-
| ture Of county revenues for county
purposes and the construction, main
tenance and repair of public high
ways and bridges. They claim that the
conveyance Of the bridge to the trus-
tees was valid conveyance Of the legal
title thereto TO the trustees and of the
equitable title thereto 20 New Castle
county, and that It was full and suiii-
cient compliance with the law
They deny that the bridge simply
connects the private property of indi-
viduals, but over that it has, since it's
construction afforded ordinary facilities
Of travel for men, horses and vehicles
They deny the right Of chancery 20 de-
termne the existence Of any public ne
cessity for the bridge or the expenses
incidental TO its maintenance, as the
act of the general assembly establishing
the property. legality and necessity of
and for the construction OF the
bridge that Job II. Jackson
is merely taxpayer In common with
other tax payers; that he should have
entered his protest before the bridge was
completed, as he had full knowledge Of
the passage Of the bill aud Of the pro-
cess Of the construction Of the b. idge
that the acceptance Of the bridge was
not conditional but absolute and uncon.
ditional that no bridge tenders house has
ever been erected, and that such erection
is not necessary TO the completion Of the
bridge; that the bridge was thrown
open for public travel within the tim,
specified hy law that a map Of the loca
tion and plans of the bridge were ap
proved by the secretary of war of the
United States, and met the approval Of
the levy courtmen, by whom it was in
spected; that it is public bridge
and Il would be unjust an inequitable I,
grant any of the relief prayed for in thu
bill of complaint for the reason that thu
relntor. having full knowledge of thu
construction of the bridge from the timl
Of its commencement permitted It &
proceed and large sums Of monel
to be raised by voluntary subscription ans
expended thereon until the bridge wa
substantially completed, without insti
tuting any proceedings TO stay the con
struction Of the same. In closing, tn
levy court asks that the bill Of complain
3 be dismissed.
Z Il met with the approval Of the Lew
1 Court members present and was sub
, scribed to by them. Registerin Chancer,
Ferguson then swore and affirmed tn
e members and the instrument was re
- turned to the solicitors representative
r IL will be filed on Friday. The day fol
q the hearing has not been set.
AtwashIngton street site.
, After the gallows frame bridge bust
! ness was disposed Of the commissioner
, took dinner and then went TO the site o
Washington street bridge to conside
the advisability Of altering the abut
ments to prevent obstruction of the parl
! drive. They conferred with the parl
4 commissioners and Engineer Lucius an
decided that il would be better TO max
4 the alteration.
. !