Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-08-23
mr.. RODNErS OPINION.
Delaware Has Jurisdiction over Its
Navigable Streams.


The'Leyy Court Commissioners viii Act
on the Complaint Against the Third
Street Bridge-tenders at the First Meet
ing in September.
The regular meeting of the Levy
Court Commissioners was held at the
Court House on Tunslay with Presi-
dentScott in the chair. r. Lewis Arm
strong was tho only absentee when the
members were called to order. His
absence was explained by the statement
that he is delegate to the Republican
State convention at Dover.
John Ii. Rodney, attorney for the
commissioners, stated that inasmuch as
complaint had been lodged against the
keepers Of Third street bridge, the
bridge tenders at Market street desired
10 make a statement in advance of any
possible complaint that might be made
against them by reason of delay caused
by turning off the draw. MIR. Rodney
stated that he had agreed to make the
statement in behalf of the bridge
tenders who were apprchcnsive that the
bridge might be damaged unless strict
attention was paid to turning off and on
the draw. The reason the attendants
turn the bridge only one way is be.
| cause vessels lying at either end of the
draw to a certain extent obstruct the
passage. Mr.. Rodney's statement was
noted by the commissioners.
The following opinion was submitted
| by Mr.. Rodney, addressed to John j.
Mealey, chairman of the bridge commit
| tee:
"Gentiemen: My opinion having been
requested upon the matter of the bridges
across navigable streams, particularly
| the one at Third street, in the city of
Wilmington, | beg leave to say that in
my opinion, the State of Delaware has
exclusive jurisdiction over all navigable
streams that are entirely within the
| limits of the State, as is the case with
the Christiana creek. While this is so, it
is also fact, in my opinion, that the
general government has the right (pos-
sibly it is duty to see to it that the
navigability of the stream shall not be
destroyed or destructively impaired.
"The act of Assembly authorizing the
construction of the bridge over Third
street expressly finds that
the draw at all times shall be made the
charge and care of II bridge-tender, 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 them
selves. or to their cargo) promptly draw
and open the same, so as to permit the
passage and re.passage without hind
rance of any and every vessel whatso
ever. Vol. XIII, Del. Laws
p. 141.'
THE conflicting interests concerning
the use of the bridge between travel BY
land and travel by water must, from
necessity, be settled by the court upor
a reasonable basis.
passengers, whether on foot or BY
vehicle who can readily and quickly
{ stop, should, it seems to me, give wal
7 to vessels engaged in trade or com
: merce, whose progress is less easily
J checked. There are the vessels which
I by reason of the reference to thei
D 'cargoes' l apprehend are intended t
t be protected by the act of assembly re
: ferred to. Other vessels, whether TO
| pleasure or seeking business, nigh
well give way to pressure OF lant
e traffic.
8 ",rhis matter, as have said, must o
necessity be arranged by the court il
the best manner practicable now, and
e would suggest additional Legislation
p authorizing the Levy Court Commis
e sioners more particularly to regulate tn
e passage of vessels through the count
h bridges and make proper rules to COVER
: the same"
$ The communication was placed o
d record.
e Mr.. White offered the following pre-
= amble and resolution which wa
5 adopted;
! WHEREAS, Application has been mad
y by James A. Nowlandsof the city of Ne
g Castle to make connection with the sewt
leading from the Jail to the Delawai
L river.
Il ResOhed That the request be granite
! upon the payment of SIS by the sal
" " James A. Nowland on agreement that
= shall be liable for any damage or injur
II arising from the same, and also to pr
6 portionate part of any sum hereafter
9 quired for repairs from the point of jun
I. ton to the outlet of said sewer.
h Commissioner Mealey in the matte
-s of charges preferred against the keepe
of Third street bridge reported progre'
and final action was postponed rnt
next meeting when the charges will
al definitely disposed of.
IN Court adjourned until September At