Evening journal., 1913-02-27
IN JUSTICE no MIR. WARMER.


A LFRED d. WARNER, chairman Of the special
"A committee appointed by Josiah Marvel, presi-
dent OF the Chamber OF Commerce. to inquire into
the question OF the lttoral ownership OF the water
lands between the mouth OF the Christana river
and Edge Moor, says that the person who quoted him
as having said he takes interest in the water
front proposition and that he does not think there is
anything Il is misrepresented his attitude He admits
that he would oppose certain forms OF development
upon the waterfront basng his opposition upon
many years OF experience in business on the Chris
tiana river, but that fact does not that he Is
opposed 10 any and all forms Of such development
As evidence that il is the purpose OF the committee
Of which he is chairman 10 inquire closely into the
question OF the littora upon the riverfront
nc says he already has received from Herbert II.
Ward, counsel to the Wilmington Terminal Company
and Il associates documents bearing upon that own
ershp and that he is expecting receive a copy OF
City Solicitor Hastings opinion and other documents
relating thereto.
We are glad that these things are So because il
would be manifesty unfair FOR question Of such
importance 10 the city to be referred to committee
with chairman already committed against munich
pally-owned and municipality y-controled waterfront
for our city, particularly at time when other munici-
paities spending or preparing to spend, millions
Of dollars for such control and development Mr..
Warner is substantial and respected citizen. There
is no question that those behind the movement in
favor OF acquiring for the city. by legislative enact
mcnt the title to the 500 OF State land under
water between the Christiana river and Edge Moor
rather would his friendly support than his oppo-
slton and in any event, his calm and unpreiudiced
view with respect thereto when he quoted as
having said what he says he did not say IL caused
disquetude because it gave rise the fear that the
question Of the rverfron had been referred to com
muee the chairman Of which had closed and not
open mind 10 tho questions and interests at stake In
the controversy
There is no question that littoral owners along
that fro fast land 1ntvn IN low
water mark There is question that tho State owns
the land under water from low water mark out 10
deep water. Nor Is there any question that II the
right OF TO that water he cut off from the lit
toral owners they will he entitled to compensation
because OF the deprivation Of that right Of It
also may be said that there is no question that the
Federal Government is willing to build the bulkhead
and make the h provided Il be for the benefit Of the
public and not for the benefit Of private interests
We take IL that the most enthusiastic friend
Of the Wilmington Terminal Company and its ssso-
ciates will not contend that they have carried out
their part Of the contract with the State under the
Bukhead Law OF 1901 although twelve years have
elapsed since that act passed Nor is IL likely
that anyone representing the lttoral owners will
attempt 10 prove that the State has passed its
title to the 500 Of land to them The question
itself down to whether under those oondi-
tions the city shall sit idle and permit that bulk
head Law to remain in force for the speculative benefit
Of handful OF men, whether il shall be amended
IN such form that It will operate for the benefit oil
the city and State at large.
There may be those who will say that it will cost
The city large amount Of money TO cover the right
ofsccess claims OF the ittora owners II is an oper
question whether the city will have 10 pay those lit
toral owners anything that score for the simple
reason thst it is not likely that under any form o
improvement the right OF access viii be cut of Th
natural assumption is that the waterfront will be dc
veopcd along lines that viii give to them full righ
OF access by way Of pubic streets running to tn
waterfront II is held by lawyers who are thorough
with riparian law that the so-called righ
Of access does not the right Of access to th
water from any point Of the lttoral holdings. bu
that the OF such littoral lands shall not b
cut of altogether from their rights 10 get to ID
water II that be true. and the lawyers who hold
that opinion are fully competent those rel
rcscnting the side Of the question in this COZ
trovcrsy then there would be damage becaus
there still would be ample means Of access at N
disposal Of those littoral But even assumin
that it would be necessary TO pay them something
would be Infinitely cheaper for the city to do tha
than for q 10 permit speculative corporation to q
away with the entire ryerfront. three miles lon
and with state lands aggrcgating approximately C
situated upon Of Americas greatest wate
ways.
City Solicitor Hastings has drawn at the instan,
Of Councilman stover. bills having in view the amen,
ment Of that Bulkhead Law that the city, and n,
the Wilmington Terminal Company and its associate
shall be the beneficiary under that act The poop
OF Wilmington are earnestly in favor OF the passaf
Of such legislation at the present OF the Leg
'ature. Quite naturally they eager that the bill
shall have the support OF Mr. Warner and his con
mtee and OF the Chamber OF Commerce Tho que
ton relative TO what forms OF development shall
made on that riyerfront after it passes into the po
session Of the city is engineering which We
NAV be left for consideration until the State h
pas1ed title to the property. II goes Without sayii