The sun., 1897-12-29
THE DISPUTE STILL ON.
Solicitor Conrad's Opinion About
!. the Causeway.
LEVY COURT CONTROLLED IT
An Act of the Legislature Placed Part
of the Causeway Under
the City's Control.

/ the City's Control.
The Board of Directors OF the Street
and Sewer Department claim that City
Solicitor Conrad's opinion has not beer
asked in regard to the control Of the New
Castle causeWay.
| Nevertheless Mr.. Conrad last night
gave his opinion, and said that an act OF
the Legislature passed April l3, 1888,
gave the Council the control of the high
ways, streets, lanes squares and alleys
in the city limits.
Hence that part Of the causcway inside
the city limits is under the control Of tI,,
Street and Sewer Department.
The Levy Court OF New Castle count y
has always kept that part OF the road as
well as the rest in order.
Mr.. Simmons said at the meeting OF
Street and Sewer Board last night that
the Levy Court had claimed control o1
the causcwav; they had assumed owner.
ship Of the road, and now they suddenly
want to dump it off their hands.
! The question is in relation to the right
OF the city in the bed of the causeway
or that portion of Market street between
the brid &C across the Chrsllana and the
city line, which is at Garcschc Lane
Numerous complaints have been received
concerning the bad condition of the bed
Of the street, but the department has not
felt at liberty to make repairs, as the
matter OF ownership had not made plain
to the directors; that is, ownership SO ial
! as control was concerned.
1t was thought by some that it was the
duty of the Levy Court to keep the road
in repair, but the general impression is
that it belongs to the city 1t has been
used as city street for some time.
Numbers have been given to the houses,
lights have been placed along the side at
various points, and the other city de-
partmcnts have considered it a street for
some time. 1t is therefore expected that
the decision will fix the responsibility on
the city.
When the ownership is settled it is
likely that improvements will be made
that will be Of great benefit not only tc
farmers and others who frequently traveI
over it, but also to people who live and
have business in the vicinity. Just
south Of the bridge it is in a deplorabe
condition in wet and thawing weather
and any improvement will be welcome
The contention of the Street and
Sewer Department is that the city never
owned the street, while it is understood
that the Levy Court will contend that
the city does own the bed Of the road
provided the opinion Of the city solicitor
vests the ownership of the city in that
part of the causeWay within the limits
The matter has been looked up by tho
Street and Sewer Department and it has
been learned that Townsend road was
originally laid out as county road.
Townsend road is not on the line OF
any street now open or which may be
opened in the future, and for that reason
it is claimed that the city never came
into POSSESSION of it. Ii is understood
that the Levy Court claim that the road
was turned over to City Council in 1868,
while it was in the city limits in 1866
1t is understood that the Street and
Sewer Department will contend that if it
was turned over to the city there is not h.
ing to show that the city was to take
care of it, 1t is believed that when the
grading OF street is completed there
will be an effort made to have Town
send road vacated.
An act, passed by the Legislature
April 18th, 1898, says: THAT those
parts or portions Of the Townsend road,
commencing at its intersection with the
westerly side of Buttonwood street and
Lobdell street, and extending in wes-
terly direction to its intersection with
] a etr ut A inn ,II,
portion of said road as may be within
the lines of A street as laid out on the
plans of Wilmington, he and the same is
hereby vacated, and the owners OF the
fee of the land over which or through,
which the said road hereby vacated runs
or passes, are hereby authorized to en-
close and hold the same; provided, that
no portion Of the said road hereby
vacated shall be closed until A street
shall be opened for public travel"
People living on the South Side and
who have business on the causeway and
| Townsend road are anxious that the mat
ter be settled, in order that some I'M
provcment may be made. Townsend
road is a very convenient thoroughfare
and there is no question but that it
should be taken care Of by somebody.
City Solicitor Conrad sent a communi-
cation to the Board stating that, now if
application is made, to vacate street,
the said application shall be by a peti.
ton to the court OF General Sessions and
not to the Legislature. This change is
occasioned by the new constitution. The
exclusive jurisdiction is now vested in
the court.
The Board transacted much routine
business last night, such as the granting
of plumbers license and the taking OF
steps by which some regularity can be
attached to the hauling of ashes from
residences.
Bothman is a Winner.
Manager Bothman, Of the Clayton
Hous :, seems to be making u success of
of the place in spite OF the prediction
that he could not and the assertion that
he did not know anything about hotel