Evening journal., 1912-05-18
SATURDAY. MAY Is. 1912
TT Is STATE LAND.

II BRBERT II. WARD. counsel TO the Wilmington
Terminal Company the Edge Moor Iron Company
and the National Dredging Company, owners of the
Cherry island marsh land that abus the Delaware
river opposite our city, says the Wilmington Terminal
Company and its associates own everything above
water and below water from the marsh bank out to
the line of the proposed bulkhead to be built by the
Federal Government He adds that they that land
under water without taking into consideration the So
called Bukhead Law, passed by the Legislature in
1901, to title that land under water in the
owners Of the marsh property provided il be bulk
headed and filled in. Mr. Ward also insists that even
the repeal of that Bukhead law would not affect the
title OF the marsh front owners to such land under
water
William f. Kurtz another lawyer fully compet-
ent as Mr. Ward to pass upon such question, and
one whose interest in the is not of re-
tanned lawyer but Of pubcspirited citizen disputes
that He says the Wilmington Terminal Company and
associates only out far as low water mark
and that the State Of Delaware owns all the land
under water water mark out the line Of the
proposed bukhead. That land amounts 60 500 or
more acres Mr. Kurtz adds that the only right the
Wilmington Terminal Company and it's associates have
in such land under water is that Of access to the
Delaware river and that if tho State should decide 10
utilize that land under water for any purpose that
would shut OF the Wilmington Terminal Company and
its associates from the river then the State
would have TO compensate them, not for the land
under water but merely for the damage they might
suffer from being deprived OF TO the river He
also questions the constitutonaty Of the Bulkhoad
Act Of 1901 and holds that even il such law
constitutional IL has yet vested title 10 that land
under water in the Wilmington Terminal Company and
its associates of the conditions OF the grant
to them of the States title 80 that land is that they
shall hulkhoad the property and fn it in to height
Of twelve feet above low water
That Bulkhead law provides that when they have
done that the Secretary Of State and the Attorney
General shall take the necessary steps TO convey to
them The title of The state to those hundreds of
Of valuable waterfront land under water The bukhead
has been built the twelyo-foot nh has not been
made and the Secretary Of state and tho Attorney
General have right TO act under that law until
those things have been done That is just what those
waterfront owners know, and that is why they
eager that the Federal Government shall build the
bulkhead and make the hn for them they may get
tito from the state hundreds Of Of valuable
property and give to the State small fraction of it,
Robert c. Harmau. twice City Solicitor Of Whining
and recognized one OF Deawares foremost law
yers, agrees with Mr. Kurtz that the State OF Della
and not the Wilmington Terminal Company and
its associates. owns the land under water from low
water mark out 10 the line of the proposed bulk
head lie SAYS the city should not execute any paper
might operate against il by way estoppel and
adds that il should sign any agreement it should be
without prejudice to any rights IL may possess and
what it's legal rights
In view the conflicting opinions Of Mr. Ward who is
interested pecuniariy. and Mr. Kuriz and Mr. Harman
who disnteresed pecunsry the taxpayers OF viii
mngton should insist that the City Conncilmon take
further step toward entering proposed agree
with the Wilmington Terminal Company and it's
associates until that question has been passed upon
carefully and definitely by COUNSEL representing the city
IL has been said by Of the Councimon that the
City Solicitor has passed upon that question That not
true We challenge them 20 produce such an opinion
from the City Solicitor. Il does not exist AS the
question has not been passed upon by City Solicitor
At is the right Of the taxpayers know VINO has given
such an opinion TO their Councilmon and whether it
merely is on-hand view based upon a careful
study of this all-importsnt question If ohand It will
not do If formally prepared and written II is the
right OF the Wilmington taxpayers to know who pre-
pared it and 70 have it made public that they may
know upon what grounds the opinion based and what
authorities are relied upon TO uphold it,
II is useless for City Councmen to trhe longer
with the taxpayers They are in no mood for traine
on this question. They want 20 know things: the,
have right 10 know them, and, signs count for any
tbng. they going to know them The sooner the
Counciimen recognize that fact and lay their hant
before the public the they viii escape from IN,
unpleasant dilemma that besets them The peopl,
their Law this insortant aaestion from some