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

again asserted itself and in 1901 the
amending process began, and now in
1907 four different amendments are
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 a constitutional novelty in this
State. and was created perhaps to I'll!
wise and well considered purpose.
Article u of the constitution gives
IL supervision over "all matters reht-
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 OK
necessity is subordinate.
The proposed charter attempts to
override the constitution because it
says that the local board shall have
control Of "aI 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 a 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 to 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
to city plan. Then there are the FIVE
great turnpikes radiating at oblique
angles. Are they to be set aside at
city dictationg
In 1908 certain owners across the
/ Brandywine and west Of the b.. and o.
railroad procured a law which permit
ted country lands TO be laid out with
70 out conforming TO the city streets This
gave away the whole case. For if uni
lformity was not essential then the
Street and Sewer Department have no
fright TO regulate these country streets.
An owner Of level lands touching the
lefty line would have wit enough 10 con-
tinue the city streets across his lands.
Where the lands were one mile away
and were rugged, hilly and across a
winding creek II 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 alb
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. Talley.
I Wilmington. February IL.