Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-10-10
no DECISION At PRESENT
Street and Sewer Directors
Have a knotty Problem.
THE BRADLEY CLAIM DISCUSSED.
City Solicitor Thinks 1t Can
Not Be Paid.


same---A Misunderstanding All Around.
The department will have to render
a decision later on" was the remark
made by President Chambers at the
meeting of the Street and Sewer Direc-
tors Tuesday evening after the Bradley
claim had been thoroughly discussed
by City Solicitor Hartman and Thomas
Davis, who appeared as counsel for
Sarah Bradley, who has petitioned the
board that she be refunded s266, which
she alleges, was wrongfully collected
from her. The sentiment expressed by
President Chambers was the opinion of
the board, and ii is hard to tell when
the matter will be settled.
Attorney Davis made the following
statement concerning the property
which is situated at the northwest
corner of Railroad avenue and Eleventh
street: In 1872 it was owned by Henry
Dougherty, now deceased In 1873 a
paving lien was entered by the city.
In 1875 bill for city taxes was rem
dered and in the same year judgment
was entered. The year following, tho
city solicitor sold SO much of the land
as was necessary to satisfy the city's
claim for taxes, and title for 80 years
was given to Andrew Conner, the pur-
chaser. In 1878 the sheriff seized ii on
Judgment in favor Of Peter McCul=
Tough, and il was sold by the sheriff to
Mr.. Mccullough. The sheriff's sale
relieved the land Of the paving lien and
transferred it to the fund in the
sheriff's hands. The lien, however,
was never satisfied on the city's books,
Though virtually wiped out. In 1888
she city auditor, under the supposed
lien, sold the land to Mrs. Bradley,
who bought it for 1886, the audi
tor giving her deed. But it is alleged
that the deed was net valid, and re-
Gently, when the Mccullough heirs
made application to the courts they
were given permission to sell the land
to pay debts of their father, to whose
estate it actually belonged. George L.
Brown, who was the purchaser, has
eince sold it to Walter Bradley of Phil
sdelphia.
So it will be seen that while the city
received the money for the property,
he PARTY paying the money never got
a legal title to the property.
City Solicitor Hartman, who wac pre-
sent, commended that in the first place
the department had not the right to
refund the money, as it was only the
agent of the Mayor and Council, and
then again he argued that Mrs. Brad
,ey was not entitled to recover, from the
fact that the money which had been
paid voluntarily, was paid on account
of ignorance of law and the refunding
was barred by the statutes of limita-
tIons.
Francis S. Bradley, through whom
the first application was made, was
present. He said that when the land
was sold the impression was given by a
eity official that the deed was all
right
The light thrown upon the matter by
the city solicitor leaves knotty ques-
ton, which the directors will have to
take some time to settle.
Mr.. Hartman also made statement
in regard to the Long Ainscow con-
troversy. He said that. the parties had
about agreed TO compromise matters
and he recommended that the secretary
be given authority to pay the bill
about which there is contention, but
he advised that it be not paid until so
ordered by the president No action
was taken.
Complaint was made about lot at
Rodney streets, residents in the vicinity
stating that on account of there being
no pavement there they were put to some
Inconvenience. The directors said that
the matter would be given immediate
attention.
The secretary, reported that water
pipe on Linden street was above the
street and last winter the water there
was frozen. The Water Department
cannot give relief until the street is
brought to grade. The secretary was
directed to notify the Water Depart
ment that the pipe will be covered up
until the street is graded.
Patrick Neary petitioned for sewer
privileges at Third and Council streets
He stated that he intends to erect 80
houses there in the spring, and Engi
heer Hatton was instructed to grant
his request.
Joseph L. Carpenter, Jr., asked for
pavement on Twenty-ninth street.
The matter will be looked into, as will
also a petition that Miners court be
'epaved.
Residents on Sixth street between
franklin and Broom asked for side
walk pavement and also to have a lamp
IN the block. The request will be
granted.
The application Of the Wilmington
City Railway Go. to temporarily re-
move the street car tracks on Spruce
street was referred to the city solicitor
for his opinion as to whether the board
can legally grant tho request.
Henhoffer & Vaughn were awarded
the contract for repairing French street
wharf at cost of S16i. rs.
The petition of John w. Kirby Il
drain property at Sixteenth ant
.Claymont streets was referred to tht
plumbing Inspector Sewer permit:
were granted TO Edwin F.. Denny, A.
j. Lang, Minnie A. Hamilton, i. E.
Derickson, L. b. MeComb, trustee,
and Fannie Z. Reynolds. =. b. Mac
Nair was given permission to set curb
Secretary Wiley reported that Franz
A. Mitchell would become bondsmar
for Collector Groves. The bond wal
approved. :.
The annual report Of the city audi
tor concerning the assessment on tele
graph, telephone, electric light ant
street car poles was received, but wa
not acted on, the directors DESIRING
time for consideration. The cit,
auditor reported the accounts of tn
secretary for the month of August t,
be all right. The report was accepted
The balance to the credit of tho de
partment was reported to be 1925,
50S.57. The secretary's collection
during the week amounted to S270. OIL
and the city engineers turned over sl4
The weekly pay roll, amounting I
S473. 90, was ordered paid.
Davis Continued.
Arthur N. Davis, who has bee
Waterman and assistant engineer at tn