Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-12-30
CAU5EWAY AND TOWNSEND LANE.


City Solicitor Conrad Decides That the
ihSyset aud sewer Department Has Charge
Totgttem.
CITY Solicitor Conrad in an opinion
reud before the Board Of Street and
Sewer Directors at its meeting TueRday
evening decided that the department
has control of she New Castle causeway
and the Townsend road. which runs
eastward from the causeway. The
matter came up on differences Of
opinion between tho Levy Court and
the department.
III bis opinion on the subject the
city collector says that all streets and
roads in the city we're originally placed
under the care of the Mayor ana Coun.
Gil, and afterwards. 10y act of tho Cen
elal Assembly, under this Street and
Sewer Department. Further. ho says:
The general State law makes all
public bridges in New Castle county
charge upon tho county or the several
hundreds. Caussways appertaining to
a bridge are deHmed part OF the bridge.
This county Is still chargeable with
causewaya that are adjacent to and used
as part OF the public bridges, but
cannot reconcile myself to the belief
that 1t was contemplated that the
public road leading from Market street
Routhward, md commonly called 'the
caueeway, should for it's entire length
continue to be a charge on the county,
But ON the contrary am Of the opinion
that all that portion of said road lying
ewithin the city limits, beyond what
coulll properly be called the approaches
to the bridge is under the control and
subject to the supervision Of your body
in the Same way as all other streets,
roads, highways, &C., In the city of
Wilmington. Any other Interpretation
OF the law would lead to a conflict Of
authority in the management nf the
streets OF the city that would tend to
endless confusion. y
Mr.. Conrad also holds that Townsend
road is under tho care of the depart
ment. Tbs opinion ia considered to he
an important one, as deciding what has
been an open question for some time.
Secretary Wiley wns instructed to
apply to City Council after January
1st for the remaining $50, 900 OF the
loan authorized by the last legislature,
go that the money will be ready to com
n,ence work early in the spring.
City Solicitor Conrad called the
boards attention to the new law in
regard to vacatlng streets. as the de.
partmant will probably have to vacate
portions of streets whore the overhead
hridges are being built by the Balti-
more & Ohio Railroad Co. Under the
new Constitution the General Assembly
10 prohibited from passing any local or
special law relating to the vacation in
whole or in part of any road. highway,
street, lane or alley. and exclusive
jurisdiction in such matters is vested
in the Court OF General Sessions. The
proceedings nre similar to those taken
for the condemnation of land for the
opening or changing of streets Ac.
cortiing to the city charter 30 days'
notice must BIS given In two newspapers
OF the intsntion to apply for the vaca-
tion OF a street, and as the next session
of the court will open February 7th,
Mr.. Conrad advised that publication
be started early in January.
On motion OF Mr.. Webster 100 new
arc lamps we're ordered from the Will
mington City Electric Co. The loca-
tion OF the lights will be determined
later.
At the suggestion OF Mr.. Simmons
the secretary will secure estimates Of
the cost OF wagons for the collection Of
ashes and will prepare estimates of the
cost of collecting ashes. Mr.. Simmons
is of the opinion that the department
should do this work rather than let it
out by contract, numerous complaints
being received under the present ar
rangements.
. Engineer Hatton is to prepare an
estimate for the construction of sewer
to drain the property No. 402 Delaware
avenue. Payrolls amounting to 81, 628. :
81. Secretary Wiley reported collections
of s677. 81. The balance liz bank was
S94, $40. l6.