Evening journal., 1912-07-12
Peoples Column
EITY's POWER
OVER WATERFRONT

JOURNAL.
Sir: Has Chapter of Acts of
General Assembly Relating to the
Harbor of Wilmington published In
connection with city charter, been
overlooked by our city officials; which,
to laymn's view would give the city
Of Wilmington full power to protect
and insure the conservation of our
Deleware riverfront?
Section provides the named said
Commissioners shall view
the Christiana River and
the Brandywine River and
that part of the River Delaware upon
which the city of Wilmington fronts
and the shores and margins of said
rivers within the limits aforesaid,
etc.
Section 1S provides for the election
of the Board of Port Wardens. whc
under this Act have full power and
authority in the harbor of Whining
ton
Sec. Is. Whenever said Board of
Port Wardens shall deem it neces-
sary or expedient to purchase or ac-
quire any land on or adjacent to, the
banks or shores of said rivers or
either of them within limits aforesaid
or any lawful structure in the tide
way of said rivers, or either of them,
within the limits aforesaid whether
such land or structure be within or
beyond the lines established and de-
termined by said Commissioners, in
and by their return as aforesaid. for
the purpose Of improving the naviga-
tion Of such river or rivers. or the
removing of distractions to such
navigtion, they shall for that purpose
make application in writing to Coun-
Gil of Wilmington and
thereupon the said Council shall have
power and authority, if they shall
deem such purchase or acquisition
necessary or eXpedient. as afresaid,
to provide, by ordinance, for such
purchase or acquisition, and if the
Mayor and Council Of Wilmington
shall be unable to agree with the
owners of such land or structure for
the purchase thereof. the same may
be taken for the purpose aforesaid in
the same manner and subject to the
same conditions and proceedings as are
and may be presented by the law for
condemning and taking lands for the
purpose of extending. widenig. lay
Ing out or opening streets 10 said
city"
Throughout the original Act and
the various amendments, all references
10 the rivers very evidently mean all
three rivers named in Sec. 1, except
Section Z specially says nothing in
this section GO shall apply to the
River Delaware and in Section 16,
Board of Port Wardens shall have
full power and authority 10 direct
the mooring Of ships and vessels in
the harbOr. and the position and
number in which they shall
be a. wharves and docks,
and the anchoring Of ships and yes
sells in the Brandywine and Christi
ana Rivers within the limits afore-
said etc
The very care to except the Della
ware River in these two sections of
the Act prove the intention Of the
original Act and amendments that
All other references to the rivers ap-
ply TO all three rivers.
Throughout the Act and amend
ments where the evident intent is to
refer to all three rivers or any
of the three, in every case this law
says rivers or either of them" ex-
cept once in Section 6, the word any
Is used.
Section refers to the lines deter
mined by the Commissioners as Sec
tion I orderd them to view and deter
mine on all three named rivers.
Section 9 evidently refers to all
three rivers, three separate and dis
tinct times,-twice using the word
either to single them out and the
third time using the word any, which
is the only time in the entire Act
the word any is used in reference to
the rivers or river
Further, Section very plainly is
intended to limit the style of wharf
or structure in tideway. and construc-
tion or maintenance of sluiceway or
culvert above level of low water in
any wharf or structure and explicit
" provides that these limitations
shall not apply TO the Delaware River.
Then Section 16 is contradictory in
seemingly limiting the power and au-
thority of Port Wardens to direct
"anchoring OF ships and vessels in
the Brandywine and Christiana" after
giving them full power and authority
to direct the mooring of ships and
vessels in the harbor."
Mooring is defined by all diction-
aries as securing a vessel by anchors
or cables. &c, and if Port Wardens
have full power to direct the mooring,
or anchoring, of vessels lin the har-
bor' then they have power to direct
mooring or anchoring in the Della
ware River in front of Wilmington for
this Act-"An Act for the protection
OF the harbor OF Wilmington and the
Improvement of the navigation of the
waters thereof in Section / includes
'that part of the river Delaware upon
which the city of Wilmington fronts
as part of the harbor of Wilmington,
and gives and is intended 10 give
the Board of Port Wardens full au-
thority over entire harbor of VIII
mington.
Now il will hardly be claimed that
the final section of the bulkhead Act
OF 1901 repeals the Port Warden law
of 1883 and amendments thereto and
entirely wipes out any supervision
at all by the Board Of Port Wardens
over the Delaware River from the
Shristiana TO Edge Moor. as it GER
talnly would be subversive of public
policy to take from the city of Will
mington and its proper officials all
power and authority over this part Of
its habor and territory and vest en-
tire power and authority in riparian
owners and private corporations.
II It be thought there is basis for
such claim the quicker the city takes
steps to test the Act of 1901 before
the courts, the better for the city's
honor and integrity and safety.
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