Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-10-08
THE ST. AUGUSTINE ROAD
Its Acceptance Postponed by the Levy
Court Until the Next Meeting.
A CLAIM THAT IT IS NOT FINISHED
This Assertion Denied by the
Contractor.

The question of the acceptance Of the
road built by Patrick Neary across st.
marsh below Port Penn was
before the Levy Court on Tuesday.
The contract price was Sl3, 600, and
Mr.. Nenry requested the court to accept
tho road. But the court il not salts.
fed that Mr.. Neary has complied with
the contract. which required that the
road be six feet above mean high water.
Mr.. Neary was heard before the full
court. He said he thought he had
completed the road according TO con-
tract; in tact he claimed that he had
done considerably more than the CON
tract called for. The only point he
got from the engineer was, he claimed,
too high and the assistant engineer had
said it was 80 made for the purpose of
settling. After the discharge of the
engineer Mr.. Neary had to take the
height of the road from tide gauges
put in by his foremen. He then ques-
toned James r. CoDard and s. Years
ley, who had been his foreman on the
work. According 10 Conard, Engineer
Carswell had said that one point was
about II inches too high. One place
on the road had gone down twice after
being brought up. Mr.. Neary held
that he should not be held responsible
il the engineer made a mistake. The
engineers absence was not altogether
satisfactory as Mr. Neary would liked
to have had him present. Mr.. Neary
laid stress on the tendency of the road
to settle. thing which he could not
help. 1t would be brought to the right
height and then would go down.
Chairman Scott called Mr.. Mealey
to the chair, and took the floor. He
dwelt upon the plain term of the con-
tract that the road was to be six feet
above high water, and he declared
that at the time Mr.. Neary wanted the
court to accept il, it was not complete
and not according to contract. He did
not think Mr.. Neary responsible for
objections made by marsh owners to
the sluices, for they were according to
specifications. Rut Mr.. Scott could
not see how the court could accept the
road. He then referred to Engineer
William Il. Carswell's report on the
road which had been made at the re-
quest of the court.
"There has been some deviation from
the original alignment" wrote Mr..
Carswell. This has been due in part
from loss of the centre and slope stakes
which have been covered up or knocked
out during the progress of the work,
and in part where the contractor has
shifted in order to get a better foothold
for the bank. The proper width has
been given to the bank.
''The elevation of the bank Ia not
uniform and for the most part is below
grade, being nearly four feet below in
places whore there has been slough
or bad settlement. Beginning at tho
north end the bank docs not attain its
proper grade for the first 700 feet,
varying from few tenths below to 2Is
or 3 feet below grade. For distance
OF about 400 feet further the bank is
at it's proper height, but from this
point ON is below the grade established
at least on an average two feet. At
the largest breach the bank has settled
landward at the lower end for a dis
tance of about 100 feet. Similar set
Elements seward have occurred ut the
other breaches The bank leaks at the
lower end of the largest breach at a
point where barge has been sunk.
The sloping is varied throughout, part
Of the bank being at a slope OF about
9 to ], and the rest under that slope.
The sluices have been we'll constructed
and are thoroughly capable of draining
the marsh.
Mr.. Neary declared that no would be
satisfied to have any man look at tho
road on ordinary tide. Mr.. Scott stuck
to the noint that tho bank was not up
to stipulations. Although Mr.. Neary
had dons great deal of work, Mr..
Scott did not think that relieved him.
Mr.. Neary declared that he did not
shirk the work. The chairman did
not think the court should take con-
tract not finished.
Upon motion of Mr.. White, seconded
by Mr.. Armstrong; the matter of ac-
ceptance was laid over until the next
meeting. The secretary was directed
to notify the engineer to be present.
under the direction of the court.
The following claims for overpaid
taxes were allowed: A. III. Silver,
1913 81; James Dennison estate 81. n |;
Stephen Springer estate, 49, "a; Thomas
estate, 81. 43; F. T.. McClymont estate,
gomery, % cents; Lena p. Steinicken,
CJs ~ ubIcy 81
Jones, 81. 10; Lot Cloud estate, s.3 so !;
Walter Pierce, ST., estate, So. SO;
Phillip Plunkett, 50. so; David Lindsay,
81. 80; Joseph L. Money, Sl.90; Joseph
l.. Carpenter, ST., 81. l3.
Numerous bills were ordered paid.
Among them were bills of lawyers and
doctors, magistrates and constahles.
An order for 50, 800 was drawn in
favor of Wilmer Palmer for the Ferris
Industrial School. this being the bal
ance of the appropriation for 1895. An
order for $500 was drawn in favor of the
trustees of the Home for Friendless
Children.
A bill of 1892. o. in favor of the Della
ware Construction Co. was among the
bills passed. 1t was for material for
relaying the floor of Eleventh street
bridge. The work waits upon the new
tracks to be laid by the Wilmington
City Railway Co. The tracks will rest
on stringers and will be so laid as to
prevent the great iolting that the cars
have usually sustained when running
upon the bridge or leaving it.
A bill of hailiifs amounting to $l3l. 50
was allowed, as we'll as one of Sl56. 40
for Thomas b. Smith.