Evening journal., 1894-08-21

The Committee Did Not Formulate a
Report, Simply Reporting Progress and
Asking for Continuance james A. Now
land May Use the Sewer.
In reference to the administration Of
affairs at Third street bridge the Levy
Court did practically nothing this
morning. John H Rodney, attorney for
the court, appeared before the COMMITTEES
on Wilmington bridges aud submitted
his opinion, which was as follows;
Delaware Law Prevails.
my opinion having been requested
upon the matter of the bridges across
navigable streams, particularly the one
at Third street. in the city Of Whining
ton beg to say that In my opinion the
State of Delaware has exclusive iuris
| diction over all streams that are
entirely within the limits OF the
state as Is the case with the Jhristiana
creek. While this is 80 It is also fact
In my opinion that the general govern
ment has the right, possibly IL Is duty.
10 see to IL that the navigability OF the
stream shall not be destroyed or de.
structlvely impaired,
"The act Of assembly authorizing the
construction of the bridge over Third
street expressly provides that the draw
shall at all times be under the charge
and care Of bridge keeper who shall.
on the approach OF any vessel or vessels
/ excepting vessels without masts which
can safely pass under said draw without
danger Of collision TO themselves or TO
their cargo) promptly draw and open the
same 80 a. TO permit the passage and
repassage without let OF hindrance Of
any or every vessel whatever.
Volume IL, Laws OF Delaware, page i4l.
"The conflicting interests concerning
tho use OF the bridge between travel by
/ land and traffic by water must FROM
necessity be settled by the court
upon reasonable basis Pessen.
gers, whether on foot or by
vehicles, who can readily and quickly
stop, should, II seems 20 me, give way 70
vessels engaged in trade or commerce,
whose progress Is less easily checked.
i Those are the vessels, which, by reason
Of the reference TO their 'cargoee,
appfehend are intended 10 be protected
BY the act Of the General Assembly re-
ferred to- Other vessels, whether for
pleasure or seeking business might well
give way TO pressure Of land travel.
'frhis matter, as l have said, must Of
necessity be arranged by the court in
the best manner practicable now, and
would suggest additional legislation
authorizing the Levy Court Com IA is
sioners more particularly to regulate the
passage Of vessels through the county
bridges and make proper rules 10
govern the same"
Levy Court met shortly before II
o'clock The only absentee was Com
missioner Armstrong, Of the First Dis.
trict who is at Dover A few bills wer'
passed and a resolution adopted, per
Uniting James A. NowlRnd, OF New
Csstle. TO tap the terra Gotta sewer
pipe, leading from New Castle jail ts
the Delaware river. The sewer runs
by NowlRnd's house and he wants t'
send his sewage through It. He will
pay the county $25 for the right and
repair all damage between the point o.
junction aud outlet OF the river
Assessors O'HRrra and Conway werI
present to hear Mr. Rodney's opinion OF
the question Of their pay, but Clerl
Janvier, who had not been specifically
instructed, had not referred the matte
to the attorney.
The next meeting Of the Levy Courl
will be held on September A