Evening journal., 1911-12-15

street, lndJ part NhiSh iuhS oO'"SOh
two sections of Delamore Park which
the street and Sewer Department has
wiped off the city map.
City Council last week passed a
resolution turning the section of the
street bed in question over to the
Park Commission, for its care and
maintenance. Councilman Mckeown,
of the Eleventh ward was not pres
ent at that meeting and said last
night that if he had been, he would
have opposed the resolution.
There was a delegation headed by
William NJ. Connolly, opposed to clos
ing Of the street at that point, present
last night Communications also were
received from Christopher L.
Pfrommer ami the Eleventh Ward
Democratic Legion, who are opposed
to closing the street, and requesting
Council to reconsider its resolution.
President Sparks, of the Street and
Sewer Commission, also was present
Mr. McKeown asked for the priv
ilege of the floor for Mr. Connolly
Mr. Bilderback. of the Ninth ward,
asked if the Street and Sewer De-
partment was not the place TO take
up the matter.
President Benson was of the opin-
ion that It was.
Mr.. Downes. of the Eighth ward,
expressed the same opinion. but as
there was no objection to hearing Mr..
Connolly, he was given the privilege
of the floor.
Mr.. COnnelIy's Speech.
Mr.. Connolly said.
Il take this opportunity of address,
ing you and calling your attention TO
and protesting against a resolution
that was passed here on last Thurs
day night, during the absence of our
councilman. 1t was a resolution IN
regard to the turning over of the bed
of Beech street, between Connell ana
Broome streets to the Park Commits
sion.
"The air of mystery that seems to
surround this transaction, the ever
lasting silent methods that have been
adopted by the Street and Sewer De-
partment, the quietness of their reso-
luton, and the passage of another res
Olution by Council on last Thursday
night blended together with the exc
cution of a phantom deed by the Sc
curity Trust and Safe Deposit Com
pany, have made a few of us citizens
Oh the EltNtulD Wdlu olA up anu AoAA~
notice. | say this without any disre-
spect and feel that each and every
one of you thought you we're doing
your duty when in fact you were only
being used, as | will further explain.
THE closing of Beech street and re-
moving it from the city map was done
by the Street and Sewer Department
without any legal advice from the city
solicitor, he not being in any. way
consulted on the matter and l hope
your resolution has not been sent
through by the same cOurse-if you
had no advice in the matter my sIg-
gestion is that you get some. There is
only one way to close Beech street
and wipe it off the city map, OF any
other street, and that is the right way
the way it is laid down in the law in
the city charter. The law on this sub
ject is very clear-there is no neeC
OF the Street and Sewer Department
using a rubber gavel and whispered
resolutions, as the statute says i
shall be done by great noise, displa.
of fireworks and a brass band ami'
perfect bedlam. If you will turn Il
page 129, section 126, i'm the newl,
annotated city charter you will rea'
what it says about the city map ant
when the Street and Sewer Depart
ment was created and that section
was made to apply to them, Deecl
street was on the city map, from III
railroad to Union street the city lin
its, il was a recognized street, accept
ed by the city and placed thereon ant
the only way by which il can be re
moved is plainly set out on page liz
section 113. which says-"YOu shal
80 VuT CrDg
sions and advertise for thirty days il
two daily newspapers rs'-that is tn
law-that is the process by which III
street can only be closed, there is n
use plastering it over or trying I
whitewash the provisions of the cit
charter. there is no use of the Stree
and Sewer Department tearing out th
leaves that do not suit them the
cannot get Beech street off the ma
by the aid of an ink eraser or by ali
feat of magic or legerdemain.
THE Street and Sewer Department
claim as their right to expung
Beech street from the map the 'righ
of non-ownership,' they claim tn
street was never decided to the cit
and therefore we. the people, did nc
own it, A street had does not hay
10 he decided TO the city to belong
n. for if it did. two-thirds of tn
streets of the city could now be deed
ed by spooks " former owners {
whoever they saw fit. as thoy hay
never been decided TO the city o
page 252, annexation. You will find a
opinion rendered by Chief JustiC
Gilpin-T will also read you the az
passed by the Legislature at the n
quest of Council from the minutes
Council of 1SS4-S5. page 1874, also a
opinion of the city solicitor in tf
minutes of 1858. page 312. The be
of Beech street and practically a
the land in that part of the city b.
ionged to the Christiana River Tn
provement Company. When n
Christiana River Improvement Con
many plotted their lots and describ
their boundaries along the north al
south sides of Beech street, they tho
and there gave the bed of that sire
TO the city and it was place on Il
city map and there it is legally v
In 1861 the city limits were extends
and laid out on the city map to eXte
70 the centre of Beech street. in Is
It was extended from the centre
Beech street to its present location,t
establishing of the city limits in q
centre of the bed of Beech street pu
the city on record as to whether
.i had placed it on the map or not
$50 you see. gentlemen. that c
-, oef.hlfrhfrr 90 gfra