Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-10-20
NUISANCE ON SPRUCE STREET
Can the Wilmington City Rail-.
way Co. be Compelled
TO REMOVE THE UNUSED TRACKS
Extending From Fourth to Elev-
enth Streets?


City Solicitor Henry G. Conrad has
recently been looking into the problem
as TO whether the Street and Sewer De-
partment could require the Wilmington
City Railway Go. to take up the
Spruce street tracks which extend from
Fourth to Eleventh streets, and which
have not been used for several years.
Mr., Conrad's opinion was read to the
STREET and Sewer board at its meeting
Tuesday night. Mr.. Conrad stated that
no had searched through the index to
the minutes of City Council and had
been unable to find anything indexod
that would indicate that permission
had been granted to the company to lay
tracks on Spruce street. Such por-
mission may, however, have been
granted and the clerk may havo failed
TO index it. He had found record of
permits for other streets, and he as
sumed that Council had granted per-
nit Such permit would, in law,
'amount to grant of perpetual right
or privilege to the railway company to
use the street for railway purposes, and
as there was no reservation in the
grant, / do not see how the city
authorities could divest or revoke the
authority granted to the railway com
pany, except by agreement with the
railway company 1t made vested
contract which cannot be impaired by
subsequent legislation. If the
tracks were placed on the street with
out authority from the City Council,
then, Of course, your body could treat
them as a nuisance, not being there by
warrant of law, and your body would
have undoubted authority to remove
them
No action was taken by the board on
Mr.. Conrad's suggestion that an agree
ment DO made with the railway COM
pany to remove the tracks.
Mr.. Conrad also sent the board a
statement Of the awards made for prop
critics on Eleventh and on Monroe
streets. Two commissions have passed
upon them and the awards are TO go to
Judge Spruance. The awards are To
William T. Porter, So, 172 40; Edgar
Hounstield, trustee, by first commits
sion, %, 500; by second commission,
| $3.50; John Craig, $50 and William
| Medholdt, six cents. Counting the
| higher Hounsfield award, the total for
| the properties in question would be
| S6, 032, 50, as against a total of So. S67. 96
| in 1895 when commissioners assessed
| the damages.
Joseph 4. Carpenter, Jr., who was
| present on Tuesday suggested that 1t
was about time, tho city secured the
| Eleventh and Monroe properties. He
| thought it might be good idea to
have walk from Monroe to Delaware
avenue, but hardly saw the necessity
| of cutting Monroe street through.
| Monroe street would fall on the High
School property.
The board will probably ask City
Council to take up the matter of open
ing those streetI and pay the damages.
Mr., Carpenter, presented petition
and Eleventh. 1t was held up.
An ordinance TO exempt the Tatnal
street wharf from the city ordinance
requiring u public auction had Its
second reading by title. The purpose
OF the resolution is to allow the city Ia
lease the wharf property to the Harlan
& Hollingsworth Co. for u term of
three years.
| A communication was received from
the Board of Education asking fol
sewer facilities for the High School tc
be erected on Delaware avenue between
Madison and Adams. No action wa.
taken as the board does not yet owr
Eleventh street where it adioins th'
property. -
Thomas A. Bedford Of Falkland wat
temporarily appointed an assistant I,
Sewer Engineer Hatton at a salary o
$50 n month.
| The Wilmington City Railway Co.
asked permission to relay the south
bound track on Tenth street from
Market to Tatnall 1t is to be done.
Sewer liens were entered up agains
property on Clayton street, botwoei
Pennsylvania avenue and Fourteenth
street, and on Wollaston street, between
Eighth and Ninth.
A lien against the property of tn
late Robert Graves, No. BOG French
streets, was cancelled.
The payroll of s537.43 was passed
Secretary Wiley reported collections o
1922, 20. The city treasurer reported
balance of ST0,392 81.
Bids for repairing sidewalks o.
Pennsylvania avenue, between du Pom
and Lincoln streets, Scott between
/ Fourteenth and Pennsylvania avenu
and Lincoln between Pennsylvania ave
nue. and Eleventh were received, a
follows: Patrick Crummey, Z cents pc
square yard; John A.. Carr, ga cents
William Veasey, 615 cents; Georg
] Gibbons, cents, and ]. G. Adams,
cents. The contract was awarded I
Carr.