Evening journal., 1913-07-11
contInued from Flrst Page.

bulkhead, and it was reported Messrs.
Smith and Mahaffy own about 1850 feet
In common Mr.. Mahaify stated that in
addition to this, he had secured options
from all owners from National Dredging
Companys land to Shellpot Canal, 425O
feet, last year O90l, and that he was
then prepared TO contribute proportion
ate cost, but these options had expired,
and now neither he nor Mr.. Smith were
willing to bear any part of the cost
Remembering the claims that have
been made in addresses and in print,
that the bulkhcad act of 1901 was not
fathercd ard presented TO the Legisla-
ture for private benefit, but at the re-
quest of the United States government,
Il is significant that, as before quoted, it
was s. r. Snih who sent a draft Of the
proposed bil' TO the engineers, and
wrote further. Il would esteem it as a
special favor if you will give any sug
ecstions which may occur to YOU as
being important to be embodied therein. -
II is significant that it was also S. R.
Skuth and W G. Mahafy who presented
the matter 10 City Council, and who
"wcro fortunate IN determining to be on
the spot at the closing Of the Legisla-
ture ITO superintond the natter
The Morning News editorial sent to
Major Raymond by Mr.. Smith said:
The property owners can only
claim ownership to low water mark, but
in order 10 make tho work Of hulkhoad-
ing effective they must 90 still further
into the stream and il is desired that
whatever land or water may be reclaim
ed shall revert-and properly soto
those whose property abuts the low
water"
After further mentioning the dredg
ing of the Delaware river and the neces-
sary hulkhead, this editorial speaks Of
"the property owners, who are to do the
work at their own expense. ."
Articles in all four Wilmington news
papers Of February. 1901. gave the prom
ise implied, if not direct. that tho land
owners would at once build the hulk
head at n cost to them Of SO, 900 to
S250lOn0, and in almost word for word
these articles all went on TO say 1T has
been found that under the laws Of this
State a property holder only owns TO
tho low water mark Of the liver OF
stream upon which his land abuts; and
that any land which is made. or which
results from the changes Of the stream
belongs to the State Therefore. if the
property owners along the riverfront
made the improvements spoken Of the
land so made would belong 10 the State,
and the property owners would be cut
of from the river"
Practically this identical quotation
Is 70 be found in all four of Whining
tons newspapers Of February p and
%. 1901
At tho same time these interested
landowners we're getting "the re-
naming riparian owners to sign the
lssent" for thus Mr. Smith wrote
Mayor Raymond March 1, 1901 and
also gathering options on the lands
Of the other riparian owners, as Mr..
Nahaffy reported to the engineers on
April II, 1902 that, "he had secured
options from all the owners, from
the National Dredging Company's
land to the Shelpot Canal 4,250 feet,
last wear. 1901. but these
options expired and now neither he
nor Mr Smith were willing to bear
any part of the cost" because of the
failure of the Congress Of 1901 to
pass a river and harbor bill and. OF
course include the expected appro-
priation to do this work for their
benefit. and the Congress of 1901 had
adjourned March A. 1901.
Yet IL is found. very soon after the
reported expiration of the options,
by reason of the failure of Congress
10 appropriate the money to do the
work and their consequent inability
and refusal "to bear any part Of the
cost" that they took up and ac-
1uired title TO all these riparian
lands and organized the landholdine
corporation. the Wilmington Ter
'nal Company.
February IA. 1903. contract was
made with the Franklin K. Wills
Construction Company for the entire
bulkhead except the lower end CON
nection with the jetty.
Mayor J. c. Sanford in an exhaus-
tive report on this bulkhead TO Briga-
dier-General A. Mackenzie. Chief Of
Engineers. August %, 1904, said inter
ALA. "the records of this office show
that II was the intention OF my prede-
eassor, Lieutenant-Colonel G. W. RAY
mond. to have the Government build
the entire buHShead' at this locality.
and when the space behind it was
filled in, to sell the bulkhead at cost
to the riparian owners"
Further, I'm the same report, he
says Attention is invited to the fact
that there is no contract with Messrs.
Smith and Mahaffy, nor any bond 10
guarantee that they will purchase the
hulkhead." !" .--.
June 6. 1904. the Cherry Island
Marsh Company sent a letter to Maj
or Sanford. protesting against clos
ing the drainage from the marsh
through the sluice at Mud Creek out
let sometimes improperly called
Shellpot Canal; and on March 30,
1905. the Cherry Island March Com
pany. withdrew its protest. and pro-
missed. in consideration of the govern
ment's completing the bulkhead that,
that company would care for the
drainage of the marsh, but that was
not. then. satisfactory TO the govern
ment. which, as a consequence. and,
I'm answer to the Marsh Company's
threat OF Injunction. had cancelled
the bulkhead contract at its date Of
termination, without granting any ex-
tension Of time to complete its con-
struction. as is very frequently
granted.
in one report Major Sanford said;
"The necessity for this drainage
would entirely disappear. If tue land
be filled in by deposit of dredged
material"
The bulkhead contract with the
Wills Company was made February
a. 1903 work TO begin on or before
April /, 1908. and its construction TO
be completed September 30, 1904
In Major Sanford's quoted report
of August Is. 1904. he said "ln view
Of the fact that the riparian land
owners exhibit hostility to the filling
by the government. of the area 70 be