Evening journal., 1912-05-02
lconLInued from Flrst Pagel

of the proposed bulkhead on the Del
aware than it has to seize the lots OF
made land, lying in front of riparian
owners on the Christiana river, back
of the bulkhcad line on that river,
when the space between the Christi
ana river huiShead and the fast land
shall he filed. Both sets of owners are
equally entitled to their river front
and to the accretions resulting from
the establishment by proper author
Sly to pier head lines.
"3. Under the Bulkhead Act OF
March 8. 1901. the littoral proprictors
tire now vested with the title OF the
lands between their frontages aud the
proposed bulkhead line As one OF
the necessary factors to be considered
TO carry out the purposes of the stat
ute, the act OF March s, 1901. recog-
nizes the legal rights of the river
front owners. and vests the present
title of the areas to be filled back of
the bulkhead in such owners. Wheth-
or such spaces are filled or not. they
are now owned in fee by such littoral
proprietors The words OF the stat
ute are as follows
THAT the land under the waters
of said river. within the limits afore-
said as hereafter determined, on the
front of the littoral holdings of said
littoral proprietors respectively, and
between the bulkhead line or lines of
solid filing. as shown and exhibited
on the maps aforesaid, and the wes,-
orly bank of said river designating
the high water mark thereof shall
vest in fee in said littoral proprieto IS.
their heirs. executors, administrators.
successors and assigns, respectively
The statute then proceeds to provide
for the creation of the evidence of
such title by a formal grant in writ
ing to be executed by the Secretary Of
state to littoral proprietors. upon the
construction OF the bulkhead.
"A. The Bulkhead Act of 1901 was
not secretly or clandestinely pro-
NOTED or passed. It was pending for
upwards of two weeks in the General
Assembly During that period it was
noted and commented upon by the
newspapers Of the city. 1t was print
ed in pamphlet form before its pas
sage, and copies we're placed on the
desk of each member of the General
Assembly and sent-to numerous public
lspifite citizens Of the city. a copy Of
the act. while it was pending. was
sent to the City Council and referred
to and carefully considered by the
Committee on Navigation of Council.
There was present before such COM
mittee and before the City Council. a
map showing the location Of the pro-
posed bulkhead line, and showing the
owners and the extent of their owner
ship of the river front which would
lbc affected by such bulkhead. Every
l.N la IN "a
Council of all the conditions. and
There can be no question but what the
City Council did understand fully
what they were doing. AT their regu-
lar meeting on February 81, 1901, fif-
teen days before the passage of the
istatute. the City Council passed a Re
solution. which was intended to be
and which was sent down to the Gen
cral Assembly. reading as follows:
Whereas, The attention of this
body has been called to an act pend
ing before the General Assembly oi
the State of Delaware. entitled "Ar
Act to Establish Bulkhead Wharf an6
pier Lines on the Delaware River
in Front of the City of Wilmington
and Vicinity" and it's provisions have
been duly examined by the committee
on navigation and favorably reported
TO this body; and
Whereas, Such report and iurthei
examination has confirmed us IN th'
belief that the passage OF aaid acl
will be of great importance in ior'
vardiug the interests of this com
munitv and will materially promote
the development of our river 'front.'
and the establishment of wharves anf
piers thereon for the direct trdnsac
ton of interstate and foreign com
merce. therefore be it
Resolved, That the Council OF WI
mington hereby approve said measur
and earnestly urge the early passag
of said act; and
Resolved, further, that the Cler
Of this Council forward certlhe
comics of this preamble and resolu
fion to the presiding officers OF IN
senate and House Of Representative
Of the General Assembly of the Stat
Of Delaware. at Dover.
IS. The Bulkhead Act was nc
passed at the instance of any Of III
companies signing this statement tn
Wilmington Terminal Company wa
not created or organized until Jul,
1903. two years and four months afte
~he passage of the Act. On th
date the act was passed, March 81
1901. the river front in question wa
owned. in round numbers, as follows
United States Government 700 fee
National Dredging Company 1850 fec
Mayor and Council of Wilmington JIG
feet David H. Beeson 500 feet, Jaco
A. Weldin $50 feet, Edge Moor lro
Company. in one piece, $50 feet. he'll
of Jacob Derrickson 230 feet Thoms
T. Weldin 1850 feet, S. r. Smith 81
feet. William G.. Mahaffy 500 fee
Edge Moor Iron Company. anoth'
niece. 500 feet, Gordon Munges, ~
feet. and Edge Moor Iron COmpan
another piece. about 2S50 feet. Ul
wards of one year and half after n
passage of the Act. Mr. 5. r. Smit
Mr.. William G. Mahaffy and Mr. n.
Ward acquired additional lands c
Cherry Island Marsh much OF
fronting ON the Delaware River. Tn
land was so bought because 1t WI
river front They did not care pa
ticularly for marsh land as such. Th'
did not wish to acquire water fro
fRnds with all the rights and It'll
conferred upnn IL hy the Act in que
don. and paid largely enhanced pric
aor this land because Of the passai
@f such Act For the purpose of poe
ing their land holdings, defining the
nroportionate interests in tho SAN
taking care Of interest on mortgage
and caring for their lands, they forT
cd the Wilmington Terminal Con
many in July 1908, as above state
.'The present river front inside &
,ronoeed hullxhead line is now own