Every evening, Wilmington daily commercial., 1906-02-13
MAIER sIRttI.

A communlcatinn on ,he subject Sent 20 |
The rect anu - w~r Department nv /
Sau,ebury, PONDER a Cnrsia
1he following communication was |
sent to the street aud Sewer Depaft-
msnt to-day by the law firm OF Snu's-
bury, Ponder 4 Curtis, and alter it
had been read IL was referred to CITY
Solicitor Townssnd;
enclose copy Of the report 10 your
honora Bile body made BY the chief engineer
OF the city, James Wilson, In the year lo9.,
long before any contention arose between
the owners OF the property on West water
street, between West and JuetiHon sreetei
and the Philadelphia. Wilmington y balti-
more Railroad Co., showing BY said report
that the land on which their property
ahutted was a public street OF tho city
You will ind by referring 10 the end OF ms
report that be states his conclusion as tol-
/ lows:
'My own opinion Is that Water street, as
now existing is street OF the city ana
subject to all the rules and regulations gov
erning the same.'
/ also beg 10 say to you that the late
/ Christian hebger. while member ot Oiiy
Council, IN the years 1854, when the
question az TO the ownership Of Water street
was under discussion IN Council, stated
that he believed said Water street belonged
10 the city and that Il was worth several
! hundred Of thousands OF dollars.
As solicitors ior Daniel BUbenzer and
various other property holders In that vicin-
ity, we have discovered and are now pre-
senting before Hn examiner appointed by
the Chancellor, a yaet amount Of evidence
sho Eing that the city owns the bed OF
Water street at the point mentioned, ana
that tho same was dedicated TO the city as
a public street and used by tile inhabitants
of the city from that time until nov. we
beg to suggest TO you that private citizens
should not be put 10 the vast trouble and
expense, unaided by the city, Of preserving
the right Of way IN the public streets. Ihe
efiect Of favorable decieion to Daniel
Bubenzer will bet TO preserve ana protect
, public street of the city, In which he Is
particularly interested, OF course, for the
general use and benefit of all the citizens OF
this municipality. We shall be only too
glad TO submit to your legal representative,
e Ha representing you, such evidence as we
s have unearthsd. and tho task has been tre'
v mendous TO show that this street should b
n ! projected from encroachment by the mos
q | powerful corporation We have doing buHi
ness here. II 70 certainly more the duty o
. the pub &c representatives Of the people <
prevent the ssizing of public streets b,
large and powerful corporations than u j
20 prevent the small eucroachmeLts by In
dividuals for bay Windows, 6c., HRains
i. which we believe you exert your power.
!, We, as representing one Of the citizens o
u this municipality, appeal to you 10 perform
what we believe TO be your duties in haHidi
2 ing him to prevent the destruction Of hi
. rights in public street upon which rail
! road corporation has encroached BY build
- ing masonry walls and Which Il threaten
b to entirely appropriate 70 itu own uee. W
D do this Notwithstanding the president 9
II your board has seen III although occupyin
d the position OF guardian Of the people
le interests in the public streets, to give
,e voluntary affidavit 10 the railroad compan,
! which has assisted Il In It's contentious thi
o Il should be permitted 10 override the righ
OF citizens claiming tire use OF publ
= streets, attributing his action only to
Is failure to properly investigate the suh1e
r.. before 20 acting.
AZ By the records of your own department,
In report OF the chief engineer OF the ci
IA elbows that the engineer claimed the bed
~ Water street as a public street. The ute
= ancss of public officials Of the city are
IN the same eject and We trust that you VI
ln reach the conclusion that your duty requir
az yoc to protect the rights OF the public
this particular. Certainly an indiVidu
Al | citizen should not be compelled 10 prote
II the public streets Of the city from encroac
~, ment BY powerfui corporaiions. Nhate,
lp evidence We have is at your disposal, a.
we are sending you this public communie
We tion only TO call attention TO the wron
ICE which may be sustained BY an indivldl
Nv citizen, possibly through your failure
,ee protect the general intereets Of the peol
of the city everywhere In their use OF
, public highways under your control.
TX only add II action iB taken by your hont
up able body. II is important that immedi
Ity action should be taken, ae the cases inyo
sc- ing the question of the character Of Wa
he street are being ~ rapidly as possil
We pushed TO a conclusion.