The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1899-08-23
IS THE SHED
A BUILDING,

| A BUILDING
f; The New Jersey truckers VIII
come to the Wilmington marke
With their produce, refused to pa,
the wharfage charges arranged By
the Street and Sewer Department
Then six of them secured lumber
and erected an open shed, undel
which they stored their truck, ant
by this arrangement saved con
siderable sum of money. The Stree
and Sewer Department took eXcep
ton to the erection of the shed ant
Building Inspector Cassidy was
called into the case. He did moi
want to take the responsibility CT
himself, and therefore laid the case
before City Solicitor Conrad. In the
city court this morning, Lewis Eng.
fish, George W. Hewitt, Joseph Fogg,
John p. Clark and John English
were charged with erecting a shed
on the Stevenson property. 1t is a
shed without sides or ends and
Building Inspector Cassidy did not
know if the boards on the roof were
nailed on or not. No application
had been made for a permit and he
has refused permits for such a build
ing on account of the place being
within the fire limits.
TO Mr.. Harrington, who repre-
scented the defendants, Mr.. Cassidy
stated that he had given permission
to Emmanuel Church at the High
lands, by order of the Building
Committee. There is a shed on the
property in use for number of
years. The covering would not turn
heavy fall OF water. After the
shed had been erected, it was about
two weeks before the warrant was
sworn out.
Mr.. Harrington said that this is
not a case for the court to impose
fine. When these men contemplated
erecting shed, they saw MIR. Ca
hoon, and he told them that if the
Building Inspector had any objec-
toni to send him to him. They then
proceeded to erect the shed.
Here Mr.. Cahoon told Mr.. Har.
rington to stop his argument; to
shut up.
Mr.. Neutrality-suspicious. speak
to me in that manner: I'm no dog:
speak to me like Il man."
Mr.. Cahoon-"I will speak to you
just as l please. Shut up"
Mr.. Harrington-"You would not
say that outside
Mr.. Cahoon--'I will say it out
side.
Mr.. Harrington-"l want this
case to 60 before the court. These
people we're driven from the city
wharf by excessive charges by the
W. & N. Railroad Company"
George W. Hewett was called TO
the stand and testified that he has
been coming to the Wilmington
Market for about 20 years. First
they landed at Third, then at Front
street wharf and now at the Steven
son wharf. The boards are not
fastened and the cracks between
them are large enough to admit your
finger Mr.. Cahoon told them to
erect the shed and send the Build
ing Inspector to him. A Similar
shed has been erected each summer.
Mr.. Harrington said the question
before the court was us this a build
ing" These men are willing to
take out a permit. Every effort
was made by these men to find out
how to proceed. They went to the
Deputy City Solicitor and acting
upon his instructions erected this
shed. How did they come to do this?
They were on the city wharf for
years. Let your honor consider
this structure. 1t is a shed IS feet
n length on four posts, with loose
boards on top. What is a building?
have examined the dictionaries,
and they say building is struc-
:ure that is joined together for per-
nancnt use. The ordinance was
Intended to cover buildings that
we're joined bynails. The city per-
nits the erection of frame buildings
hat cost not more than $50 You
;ould call dog house a frame
This shed cannot be
to be a building. This
can be compared 10 the
'hcds erected in brick yards. There
$ no building within 400 feet of this
Mr.. Cahoon said that much more
rot into this case than he ever
bought would be. He was sorry
lie ever gave an opinion to these
men to erect the building. He said
he whole question rested on what
S building.
The court-"Suppose Mr.. Cahoon
| this roof o! boards was removed
md an awning substituted, would
be building?'
Mr.. Cahoon stated he would not
ike to pass upon it. Solar as these
men are concerned, there is no ques-
ION OF these mems character or to
heir good intentions.
The court stated that before pass
ng on the question whether this
he'd was abuilding, definitions and
authorities would have to be hunted
Up. This is an important matter
0 the city and an opinion will be
,iven on Monday.
A pocketbook containing monev md