Evening journal., 1907-02-11
LETTERS FROM THE PEOPLE

again asserted itself and in 1901 the
amending process began, and now Ia
1907 four different amendments arc.
pending at Dover.
This constitution creates five co-or-
dinate branches Of government-the ex
ecutive. legislative. judicial, health and
agricultural. The state Board OF
Health is a constitutional department.
and constitutional novelty in this
State, and was created perhaps to NJ
wise and well-considered purpose.
Article 12 of the constitution gives
il supervision over "all matters relat-
ing to public health" local boards may
be created by the General Assembly in
their discretion, but wherever created
they are ito be under the supervision
of the State Board" The State Boards
jurisdiction then by the constitution
runs into every recess OF the State
and into every inch OF territory OF Will
mington. The State Board is para
mount and the Wilmington board o.
necessity is subordinate.
The proposed charter attempts to
override the constitution because It
says that the local board shall have
control Of "all health matters" in the
city and one mile beyond.
Some old charters did confer outside
power on cities. but this rule Is abb
rogated, else what use IS this new
constitution The new rule must gov
ern until our organic law is again
changed. The State Board Of Health
has paramount power inside and out
side Of the city and the local board
ctn act only under and In harmony
with the State Board. IT would be IL
logical to say that the inferior court
could be equal to or greater than the
superior 1t would be folly for the
Legislature to attempt to confer un-
constitutional power on a city.
The Legislature may create local
board" but It can have only subordi-
nate local jurisdiction. A city board
for the city. a county board for the
county and a hundred board for the
hundred But how Wilmington
Board Of Health could constitutionally
rule in New Castle or Newport would
at least be a mystery.
II streams outside the city are 10 be
be covered over. walled up, al
tered and changed" the state Board
of Health has all the supreme consti.
tutional powers needed and the city
charter can have no control over IT,
The city also seeks to lay out streets
for one mile in the country and estab-
lish the grades thereof. The topogra-
ply Of these 1000 outside acres is such
that no human power can plot the
streets at a distance Of one mile out
and harmonize them with city streets.
The Christiana, Brandywine and
Shellpot are so crooked and the banks
Of the last two are so rugged and deep
that the streets to be laid out beyond
them could not universally conform
20 city plan. Then thore are the Eve
great turnpikes radiating at oblique
angles. Are they 70 be set aside at
lcity dictation?
In 1903 certain owners across the
Brandywine and west OF the 3. and o.
railroad procured a law which permit
ted country lands 20 be laid out with
out conforming to the city streets. This
gave away the whole case. For IL uni
lformity was not essential then the
Street and Sewer Department have no
right to regulate these country streets.
An owner OF level lands touching the
tinue the city streets across his lands.
Where the lands were one mile away
and were rugged. hilly and across a
winding creek 1t would be left to the
owners judgment as to how the streets
should be laid. City officials could
have no superior light in such cases
and could have no legal power in the
matter Look at the profile Of Boston,
New York, London or any city trav-
ersed by crooked streams and we shall
find that the different divisions are abb
solutely heterogeneous Each district
is a town plot Of itself and could not
be otherwise except by extravagant,
ruinous expense.
The city's outside control OF streets
IS impractical, useless and illegal
Yours,
Geo. A. ralley.
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