Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-08-17

removal of the park guard stationed at the
northern approach to Washington bridge.
The following, members were present
Candy, George w. Bush, George II. Bates
and Mayor Z. G. Shortlidge.
The answer of the board to the re-
quest received from the Levy Court was
read. 1t was prepared by Mr.. Bates
In opening, it referred to the resoln-
tons passed by the Levy Court at
Its last meeting, demanding the removal
of the guard. and stated that there was to
be found no provision of law comforting
upon the Levy Court superiority over the
Park Commission. The latter therefore
fail to find warrant for any such direction
on the part OF the Levy Court and decline |
goes ON to say.
The published resolution seems to imply |
that some agreement was made between |
the Levy Court and the Park Com
missioners respecting the opening Of an
avenue from the north entrance of the
bridge on or through the park lands.
The Park Commission never entered into
any agreement with the Levy Court re-
specting the boulevard, and in view of the
powers of both bodies could not have done
SO. Our sole relation to the subject grew
= out of the desire of property owners on the
north side of the Brandywine creek to
open boulevard through their lands so as
to make direct avenue from Elliott ave-
nue. to the proposed bridge. As this ave
nue., in order TO reach the bridge, traversed
the park lands for a distance of over 100
feet south of Eighteenth street, it was
necessary under the law, that the approval
and consent of the Board of Park Com
inssioners should be obtained to its being
laid out and opened through the park. The
proposed boulevard was to be an extension
of the line of Washington street on the
south side of the creek, and the then Levy
hnn nj ffah n ftfTn
was requested, as we understood, to build
the bridge directly in the line of Washing
ton street on the south side, in lieu Of con-
. Meeting that street directly with the end of
the same street on the north side oil the
creek. As this plan reQired the location
of the north end of tine bridge on PARK
Land the consent thereto of the Park COM
nissioners was properly asked by the
Levy Court, and on September 18th, lS92,
q quorum of the commissioners met on
the ground with a committee of tine Levy
Court and representatives of the property
owners interested i'll the opening of the
boulevard.
At this meeting Mr.. Mention moved that
the North Side Improvement Company be
asked to send communication to the
board as soon as possible, stating the
amount of work said company proposes To
do in the opening and improving Of the
boulevard and how soon they would com
mence work. The motion was adopted.
The question whether the Park Commits
sion would approve and consent to the
boulevard beng opened through the park
land was discussed by the members of the
commission and the property owher'
present, the Levy Court taking no actor
In the matter. The meeting was final,
adjourned in order that the North Sid
Improvement Company might present
written proposal, which was accordingly re
ceived at the afternoon meeting of tn
iG ba Mr. h ri
Improvement Company's reply, receive,
from Samuel IL. Baynard, president of tn
company:
GENTLEMEN: In consideration of til
right of way over park lands for the open
ing of a hundred feet wide avenue o
boulevard, and for the privilege of erecl
ing the necessary abutment for the north
ern approach of the proposed new bridg
TO be erected at or near the Washingto
street site, by The Levy Court of New Castl
county, the North Side improvement
Company" hereby agrees to bring the sal
avenue TO established grades, and to paY
the same through the park lands wit
crushed stone or macadam from the norti
ern approach of the proposed new brids
ut Washington street continued in a dire
line with the centre of said street to Eigl
tenth street.
The Levy Court was not represented
this meeting.
The original communication hayin
been submitted to the commission, it wi
amended by the addition OF the postscriI
accepted and the matter referred TO Il
executive committee with power to az
AT the same meeting the commissit
acted upon the only matter with which
= had any concern with the Levy Court /
m the passage of a resolution, which was
the effect that the Park Gommissit
aseents to the bridge being built over Il
Brandywine, in line with the pr
nf STr
now open OH the south side of the cree
and partly on park land, provided I'll
the height of the bridge be such as to me
the approval of the Park Commission. \
matter was referred To the executive col
mlttee with power to act.
Being DESTROYS OF asCertaiuing the ba.
OF the statement of the published resol
ton of the Levy Court concerning
agreement between that body and I
PARK Commission, we applied to the Gle
of the Levy Court and We're informed
the clerk that there w9s no minute on t
subject OIL the record OF the court, I
only mention being a minute OF the pI
- ceedings of the bridge committee, dire
ing the committee to meet the Park Co
mission and the North Side lmprovemt
fUmpany, and make such arrangemel
elwere necessary.
h have made this full statement
sa because no member of the pres,
Court was in that body at the ii
.red TO and also because it is pro-
The people of this city, who own
100 Ks and whose agents we are, sho
u understand precisely what has been do
1t will be seen that We had nothing
do with the proposed boulevard except
authorize the opening of it through pi
lands, which we did upon conditions
yet fulfilled. The legal conditions un
which the Levy Court exists make it
possible that it should have any cont
Whatever over the boulevard or the u
lands through which it is to be opened. +.
public have acquired as yet no rlgh
That Land as highway, inasmuch as
neither county road NOR a public hi
way of the city. The land which will
occupied by it north of Eighteenth ST
is still the private property of the own
and south of that street, it is part of
y land dedicated to the uses OF park. i
n probably, true that the location of
! north end of the bridge was fixed u
X boulevard should be laid out
n opened to the public, and
n tain contributions made to the
of the bridge, but with whom that az
~ ment was made, we have no knowle
n other than that which belongs to the I
NJ lie at large. If this be so, the Levy c.
n must look to the parties so agreeing
the performance of any contract entel
into the location of the bridge. If
opening of the avenue or the paymen
money was contracted for, it is not
NJ duty nor within our powers to do cit
n This commission is under no obligatio
NJ opener construct an avenue, but onl
IA permit one to pass through the park
the line proposed, upon the condit
stipulated. This we have been and
~ ready 10 do but the proposed avenue