Evening journal., 1907-10-31
The River land Scramble.

ihe hiver Land Scramble.
Editor THE EVENING JOURNAL.
II the wharf committee is 50 easily
frightened out Of Cherry Island they
would never be able 10 meet a shellpot
Hood or the wreck and ruin of such tidal
waves as those OF 1873 and 1894. The
! Fourth street problem is an easy one.
On September 8, 1881, George w. Tailey
conveyed the street to the city 20 the top
Of the river bank The National Dredging
Company having purchased the Talley
lands on both sides Of this street. from
the Hay road to the river, may have on
September Is, 1881, confirmed the title to
this street by it's deed of the latter date.
to the city. The Dredging Company then
filled this street for the city, TO the river
bank and 300 feet beyond on the mud
flats, and about IS years ago the Dredg-
ing Company threw this street open to tie
public and fenced il on both sides to a
point 300 feet beyond the old marsh bank
There are two reasons why there viii
be nc trouble about the city's rights ex-
tending 70 the bulkhead.
First. The deeds legally convey the mud
flats IN front Of the street. And second. II
they do not the Dredging Company viii
only be too glad to make h good. This
company donated 5000 to the FIRST Sew
enth street bridge and donated the 70
foot street leading TO the bridge in tie
jackson marsh.
In Delaware. deeds OF marsh lands al
ways carry the fats 10 low water mark.
unless they are expressly excepted (sae
Chancellor Saulsbury's decision in case
OF Paschal VS.. Harlan and Hollingsworth
Coz The deeds conveying this street con-
tain. the usual printed clause granting
the "appurtenances Embellishments. wat
efs' water-courses, and rights etc. In
deeds conveying land to high water mark
the mud nats always pass as appurtenant; );
az not thousands Of owners I'm the low
lands Of Delaware are in a ritiable sltna-
ton The Dredging Company gave this
construction TO its deed when il filled the
street three hundred feet beyond T. e.
bank
The city then is a "littoral owner" by
the law of 1901. and owns to tho bulk
head line There are ear marks in this
statute which shove that government en-
gineers aided IN framing it Lawyers AID
ordinary surveyors speak Of "rirariaa'
rather than "littorar' owners. There are
other words such as the 'glros Of SOIL
filling which emanated from the same
source
This is a long statue and granted far
more than the submergei lands TO the
hore owners. The most important thing
was the ratification Of the bukhead line
made by the government as shown on lis
maps (see secticn ID Sec ion 3 p. evertel
any hllns beyond the Ire ex ept p'trs
ard these should be i5l feet aplrt seci n
g'anted the right 10 he COVER meit To
Il behind tho hu,kh ad cl,a~ n hg1t
wafer mark. Ih' government c,u'd no.
do this with ut sia'e auto 'ty d ne
st~te could rot srant This gttof -e-cnr
n the shcie cwrer. q building "a mrI
bank between hir al1 % vigat on " tn
out swing 'qu' iro ouo." / haI %
rAt n this les - on. Tla whole l'ai
.ee- ne.ds rpd oa~tiei & r uql by msi.
ldins Office Wd'r fh' COVE nment.
Najer Eavmcnd was ci e' cn ineer rt
nhlade,rhia ard " them am coIbt Dr.
cured The passa7e OF d av before the
government G Nd leg,.ly e in nc bulk I
had
Ihe sover7ment rrot now threw the
ban'e on some o,e el for TIE law. nos,
n
% 'hlrge unfairncss. Who unre- co,r-
mon Jaw or crmn,on Gems, sh ud O
ne property wheie ha saore lines are
carried forward into tn, rlvcrg The citv
has as yet no rght except in front OF its
street
Suppose the government shou'd buui
bulkhead IN front of the racket wharves
on the Chrstiana and nh between g. and
the shore. Would the city cloim this new
made land and w,u'd TIE Ware Ccm-
pany and the Wilson Company ana others
remain imprisoned from their l,ng ago
purchased rights Of navisationq Those
ACCUSING land under this law are the
government dn front of the light housed
the Dredging Company; TIE Term 1
Company; william r, Sellers and ttei
Edge Moor Company, one mile up in |
Brandywinc hundred.
What right has the city TO cry fraud
against NDthers while planning 10 get the
same lands. without even owning the
shore lands to which the submerged
lands are securely tiedg If were a shore
owner I should donate some Of the outside
land TO the city to a,d in building wharf.
/ went IN 1891 to the river at Fourth street
ith a prominent man 10 see about build
ing a wharf and am one OF the early
wharf advocates. have aided the conf
mittee 20 the extent OF my power. 1 do
S)t like 10 see the wharf project degene-
ate into a covetous scramble for lands
the part OF the city or any other per-
son. II we cannot get wharf without
such tactics, we can get along without
IL as heretofore.
Geo. A. Talley.
Wilmington, oct. %.