Evening journal., 1912-05-16

Central Labor Union and the Tnitia-
tive and Referendum League II. II.
Ward. attorney appeared in behalf
OF the riparian owners and made
lengthy address In which he set
forth the grounds upon which the
riparian owners stand
President Benson called the meet
ing 10 order at s o'clock and directed
Clerk of Council McManus to read
the proposed agreement in which the
city is TO receive two plots of land
along the river front in exchange for
its sanction 10 allow the bulkhead and
hll In behind 70 with material taken
from the Delaware river channel to
be completed.
Following the reading OF the agree
ment which has already been pub
lished Col Stover moved that those
who desired 10 speak on the subject
be given the privilege of the floor and
be limited 10 ten minutes This mo-
tion was carried.
William F. Kurtz, attorney. who
said he appeared before the Council as
citizen representing himself was
the first 20 speak on the subject He
referred 10 the communication he had
sent 10 Council last week urging the
body not to take hasty action. which
the Council would not allow read. by
saying that he did not intend 10 be-
discourteous 20 the members by gle-
ing the lettN' publicity before it
reached them He said he was
Arm believer in representative gov
ernment realizing that what results
have been gotten have heen by
that form Of government He said he
believed the members of Council were
absolutely honest and that when the
people brought a matter to their at
tention they would take II IN lie
said he considered II unwise to take
haaty action on the proposed agree
metn He spoke Of the bulkhead
law passed by the Legislature In
= 1901, and was convinced that the
& Legislature didn't know il was Civ
? ling away 500 acres OF land to the
i riparian owners along the river front.
E without a cent of cost 10 them. He
! was Of the opinion that the members
OF the Legislature were Ignorant OF
this phase, and II they were not. they
did what they accomplished in the
passage Of the oct ruthlesslv and
without regard for the peoples rights,
the peoples rights
Mr.. kurtz was Of the opinion that
the riparian owners owned the land
10 the present low water mark and
what land went beyond that. under
the water belongs 10 Wilmington, the
fee simple TO which was held in trust
hy the State He claimed that the
riparian owners possessed the fee
simple right 20 the present low water
] mark only, to which they had every
2 privilege of access. but that the
rights extending beyond that mark
! belonged to the people He consid-
cred that the act passed by the Leg
islature I'm 1901 giving the permission
of the State to build the bulkhead
= thereby ceding TO the riparian own
ers 500 acres of ground Of filled I'm
ground behind the bulkhead and up
TO the present low water mark. IS
void and unconstitutional
> AZ this point President Benson IN
formed Mr. Kurtz that he had occu-
, MED tho floor ten minutes.
More Time for Mr.. Kurtz.
Colonel George W. Sparks presi-
dent Of the Street and Sewer Depart
ment. suggested that Mr.. Kurtz be
allowed ten more minutes I'm which
7 Ito finish his remarks. and on motion
b Of Councilman Conner Of the Second
b ward the additional time was al
B. lowed.
; ResuminE Mr. Kurtz called the at
teution of those present 10 a decision
handed down In the Illinois courts.
T closely bearing on the proposition
now before the people here He said
that the Legislature Of Illinois had
granted 10 the Central r. r. in Chi
r cago the land extending one mile out
e in the lake al that city Just as the
land behind the proposed hulkhead
here he maintained. il is proposed
10 grant to the present riparian own
ers. The State Of Illinois. he said. got
seven per cent of the profits on the
! improvements TO the land down 70 tAa
low water mark The matter WIN
taken into the courts and in an opin-
ion handed down. the court set forth
that the State had no right 10 grant
away a governmental right, a right
! which belonged TO, and was Of benefit
to the public, and held that the land
Continued on PAGE Three