Delaware gazette and state journal., 1896-06-25

1hppt btlOnu tud W. U DE- FHtlfOhtls
His opinion is that the street is high
way and under the control Of the Street
and Sewer Department In his COM
munioation, which was read at the
regular meeting Of the department. on
Tuesday night the city solicitor says:
Gentemen Your letter IN regard 70
East Seventh street, extended beyond
and across the tracks Of the r., W. q
b. Railroad Co., leading to the Brandy
wine marsh and to the Delaware river
front, has been received.
In 1T you ask as to the status of
said street. and as to the rights of the
city In and to the same.
IAN examination OF the statutes and
ordinances relating thereto, and Of the
deeds of various property owners ahut-
ting thereon, shows clearly that said
street is, and always has been, public
highway.
Prior to the year 1885 said street
was known as "Broad" street, and
Broad street (aid out at 40 feet wide,
its present widthl was made public
highway. as far back as $50 years ago.
Even in the year 1772, an ordinance
was passed extending said street, then
called Marsh street, to what was then
known as 1.-THE John Erwin Tract" in
the Brandywine marsh said Tract, :"
sven at that time tl772) being at quite
distance east OF the present road bed
OF the p, W. & u. Railroad Co.
'And Furthermore, another ordinance
was passed in the year 1916, (after said
Marsh street aud Broad street had been
changed to Seventh street), still fur.
ther extending said street into the said
Marsh some 600 feet more or less east
OF the said railroad
"And in that ordinance the lines and
distances of said street were clearly
and fully given, being the same and as
they. exist at the present day.
And therefore, as it most clearly
appears, that said street has been
known, recognized and used as street
for such an exceedingly long period of
4 time; and aH street is n public high.
4 way, and as municipality in its care
and control of tho same. acts in it's
4 governmental capacity as agent for the
+ State, and holds said street in trust
II for the public. and could not, without
an act OF the Legislature for that OK
y press purpose first had and obtained.
even though it so desiEed, either by
grant or abandonment, deprive or lessen,
In whole or in part, the righta of tho
public in and TO said stTeet or high.
way and as a municipality like an in
dividual, has been held liable to in.
dictment for the maintenance or per-
miseive existence of a nuisance in and
to a street or highway. such as for
instance, barrier or fence across the
street or highway, it is not only it's
right to prevent and remove illegal
obstructions, but IL is its duty to keep
the said street free and open for the
use and enjoyment Of the travelling
public.
"And as the Street and Sewer De-
partment is given the exclusive control
,ver the streets and highways within
she limits OF the city, it has the power.
and it is its duty, with or without
notice to the wrong doer, to remove
and abate all illegal obstructions in its
Jtreets Of whatsoever kind and nature.
"Very respectfully,
81 "Robert q. Harman,
CITY Solicitor. I"
The city engineers were directed to
mark Seventh street in accordance with
the city solicitors opinion.
William M. Field desires the denart-
mont I establish the grade of Riddles
road. ssould this be done he proposes
to donate No the city the road which he
Will make into an avenue 80 feet wide.
The matter was referred to the city
engineer for an estimate and survey.
Tho Board of Health desires that a
sewer be built in Shallcross avenue be-
tween Broome and Hancock streets.
The Street and Sewer Directors may
build it II the property holders can be
compelled to connect with ii. En-
gineer Hatton will report concerning it.
From William Il. Westbrook, super
intendent OF the Delaware e. Atlantic
Telegraph and Telephone Co., form
OF resolution for franchise to lay n con
duit was received. Ii was laid over for
examination.
said that his company was ready to
begin work and would he willing to
put down 2,700 feet in a year. He will
show plans for the work.
Joseph l.. Carpenter, Jr, of the old
board OF directors Of the Delmarvia
Telephone Go, asked when the matter
could be heard. lie was told that
meeting would soon be held TO hear all
concerned in the matter.
a petition for permission to drain
the new German Baptist Church at
Fifth and Walnut streets into Fifth
street sewer was received. The board
has been allowing churches to enter
sewers at $50 instead of the regular
rate. In City Solicitor Harman's
opinion, however, the board should not
discriminate. The board will decide
on the matter later.
The weekly payroll of S5S7. AS was
pacsed. Collections of $50. 25 were re
ported. The city treasurer reported
the balance in bank to be Sl25, $50. "a.
A precept was issued for the setting
OF curb on the east side of Lincoln
street between Second and Third. The
Wafer Department and gas company
will be notified to lay their pines on
the Boulevard between tho bridge and
Eighteenth street right away. II pipes
are to be laid they must be laid before
the present work is completed.
resolution was adopted granting
the Wilmington City Railway Co. per-
mission TO lay its tracks down Pine
street from Fourth to Third and down
Third from Pine street to the bridge.
Ihe company must pay for tho
paving material found on the route.
An important provision of the resoIu-
tion is that the compay agrees, in case
OF a viaduct bridge is ever erected
above the railroad tracks, to give up
the present franchise for a franchise
granting right of way over the bridge.
Comfy Brothers we're granted an OK
tension Of time until August LIST for
grading in the western part of tho city,
Presbytery of New Castle.
The pro re nata meeting of the Presby-
terry of New Castle will probably be
called for July 7th at Central Church
to take action upun the call to the