Evening journal., 1896-06-24
JOB DOESN'T OWN IT.
City Solicitor HarmAn Gives His Opinion
That Seventh Street is the Property Of
the CItv.

That Seventh Street is the Property OF
the CIty.
At the Board OF s rect and Sewer
Department Directors meeting last night,
the B Bjard OF Health presented n petition
asking that n sewer be built on Shall
cross avenue between Hancock and
Bcoome streets. It was referred to the
engineer In charge Of sewers
A petition was received from the
German Baptist Church asking for the
privilege of draining into the Fifth
street sewer at Walnut street.
General Manager WestArook of the
Delaware Atlantic Telephone and Tele-
graph Company, was present and offered
an agreement which he proposes Is to be
entered into between his company and
the city of Wilmington, In regard to
laying conduits for Its wires The
agreement was laid over until the
directors have a meeting Of the members
OF the old boards the attorneys OF the
city and the company mpking applcs-
tion, and others interested Ia the project,
William M. Field asked Cor the estsb
lishment of grades on what was formerly
Riddles road He proposes erecting
sixteen houses there and when they are
completed he will deed the street or road
to Wilmington
The secretary reported clllections 20
be $131 So The balance In bank was
reported TO be $128 $50 "a The weekly
pay roll OF $6S7 Sc Was ordered paid
City Solicitor HarmGn presented the
following opinion. which was asked for
because of the claim made by Job H.
jackson that the property Is prlvate
WILMINGTON, Del, June 90 SO
ITO the Board OF Directors OF the Street
and Sewer Department.
''GENTLsMEN: Your letter In regard
to East Seventh street extended beyond
and across the tracks Of the p, w. g. B
R r Company. leading 30 the Brandy
wine marsh ard TO the Delaware river
front has been rtcsived
In it 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 abut
ting thereon shows that said street H.
and always has been. public highway
Prior to the year 1885 said street wal
known as Broad" street, and Broad
street Qsid out at 40 feet wide. it's pres
ent Width was made public hi yhwAy.
as far back ss $50 years sgo.
| Even in the year 1872 an ordina1c'
was passed, extending said street, tber
called Marsh street, to Whist was ther
known as The John Erwin Tract" In tn
Brandywine Marsh; said tract even a
that time (l772) being at quite dlstanc
east OF the present roai-Ded Of the P
w. & B. R r.
Furthermore, another ordinance wa
passed In the year 1S46 (attsr said Mars
street and Broad street had been change
to Seventh streei) still further extendln
said street into the said marsh some 00
feet more or less east OF the said raj
road.
And In the ordinance the lines an
distances Of said street were clearly an
fully given, being the same aud IS the
exist at the present day.
Ard therefore, as 1t most clear
appears that said street has been known
recognized and used as a street for sue
an exceedingly long period of time. an
IS street Is public highway, and as
municipality In its care and control O
the same acts In It's governments
cspscity rs agent for the state and hole
said street in trust for the public, an
could not--withont an act of I'll
) Legislature for that express purpol
6rst had and obtained even thoug
1t 80 desired - either by grAu
; or abandonment, deprive or lsssei
5 In whole or 10 part. the rights OF the pu
lie In aud to said street OF highway al
as a municipality. like an individual, hI
= been liable TO indictment for the malnts
8 nance or permissive existence OF a nu
: ssnce In and TO a street or highway
such as for instance a barrier or feat
across the street or high way-lt Is M
only its right to prevent and remove
+ legal obstructions. but it Is It's duty
Il keep the said street free aud open for Il
. use and enjoyment Of the travelling pul
J. lie Aud as the Street aud Sewer Dsp4
: ment is given the exclusive control oV'
the streets and highways withla q
limits OF the city. 1t has the power, an
r 1t is Its outy, with or without notice
the wrong sdoer, to remove and abate .
: Illegal obstructions ia its streets,
whatsoever kind and nature.
4 VERY respectfully,
), ROBERT G. HARMAN,
II City Solicitor.