Evening journal., 1912-01-26
BEECH
STREET GOES
OFF CITY MAP
City Solicitor Holds That
Street and Sewer Depart
ment Has Authority
SAYS LAW is VOGUE
BUT IS SUFFICIENT

City Solicitor Hastings last night
sent to City Council his opinion rela-
tive to tho legal right OF the city to re-
move streets from the city map. He
was asked to give an opinion on the
question after the Beech street mat
ter had been under discussion before
City Council for several weeks. NO
mention was mado OF Beech street in
the letter sent to Mr.. Hastings, and he
said today that he had reference TO
no certain street whom he wrote the
opinion.
Under the opinion It seems that it
was within the province of the Street
md Sewer Department to remove
Beach street. between Connell and
Broome streets. from the city map, this
street bed never having been opened To
public travel. I'm the case of street
being opened, Mr.. Hastings sets forth
TN his opinion. that it would have re-
quired other than the procedure that
was followed in the Beech street case.
The opinion follows.
.'By Section Of the original act
creating the Street and Sewer Depart
ment it is provided that The said
Board of Directors shall stand in the
same position as is now occupied by
the Council. and so far as the pur-
poses and objects OF this act are con-
cerned. be substituted for the Council
afore said This act creating this de-
partment and the language just quot
cd. ali refers 10 tho control OF streets
3n the city of Wilmington, SO that with
reference 20 the subject now under
consideration. the Street and Sewer
Department could do anything that
tho Council could do.
"Secton 126 of the City Charter,
provides for an official map, plan or
ground plot of said city. The Ian
euage of this section is practically
the same as when It was originally
adopted in 1857. with the exception Of
an amendment which was made in
1908 Il provides in that section that
'ail the streets, squares, lanes and
alleys of the city shall be and remain
as they shall be laid down upon said
map with such extensions and altera-
tions as have been or may hereafter
be made by authority of the laws of
this state code ;" and the amend
ment of 1903 adds TO the language just
quoted the following provisions:
"And with such extensions and altera-
tons as may be made from time to
time by the Board of Directors of the
Street and Sewer Department Of the
said city OF Wilmington
"'rhe object of this section was TO
provide for an official map OF the CITY,
and under this section, IL is the duty
OF the Street and Sewer Department
TO correct that map as the streets Of
tlss-city are -xacatedf extended or al
tered in any way. do not think that
this section gives TO the Street and
Sewer Department the authority ia
vacate a street that has been opened
TO the use OF the public. There is a
special provision in Section 1l3 of the
City Charter which would cover that
Your inquiry. however. is whether
the department can legally Yacate OF
remove the bed of the street from the
city map. I do not know exactly what
this means. but 7 assume it refers tC
removing from the map a street that
has not been opened for travel. ] am
Inclined to think that IL was the intent
Of the amendment of March 20. 1908
above referred to, to give the Street
and Sewer Department within It's dis
erection. the authority to alter the maj
with reference to streets or parts o
streets that had not been opened foi
the use of the public.
II find this construction has beer
placed upon this act since it's passage
The act was passed March 26, 1903
and on May IL. of the same year The
Street and Sewer Department b!
resolution. altered the city man by re
moving parts OF seven streets. ant
from the time this amendment wal
lpassed up until the present timi
resolutions have been adonted ant
approved by former City Solicitor
and former MAYORS OF the city re
moving parts of twentv-seven street