Evening journal., 1913-09-24

ments OF the city charter relating
to the setting OF curb and laying Of
sidewalks
Section T. All ordinances or res
olutions or parts OF the same in
consistent herewith be and the
same are hereby superseded
"One of the informations against
Brady charges him with violating
Section of the above resolution by
failing to take out a permit for the I
laying OF a certain cement sidewalk .
at and in front Of No. 627 South I
Heald street
THE charge was proven beyond /
doubt and practically admitted by the
defendant. but his counsel vigorously
contended that the same question had
heretofore been raised in this court,
in the case against one, William NJ. I
Connolly, and decided adversely 10 /
the city, and that his client, and all
other persons, had the right to rely
upon such decision In which it was
contended by counsel, the foregoing
resolution Of the Board Of Directors
of the Street and Sewer Department
was held invalid.
! "An examination Of the records Of
this court discloses, that an informa
tion was filed against William NJ. Con-
nelly on November 9th, 1911 in which
he was charged with laying a brick
pavement, contrary to the provisions
Of the above quoted resolution. and
not for failure TO take out a permit
for laying a pavement, which is the
charge in this case.
uTf nuaf fhoroforo FOLLOW that fha
opinion of the court In the Connolly
case did not go to the question Of the
failure to take out a permit, and has
little, II any, application to the case
at bar The cases being so dissimilar
in the charge. | do not feel called
upon to express an opinion in reia-
tion to charge Of unlawfully laying
a brick pavement. and of not laying
a concrete pavement, as provided In
the resolution, as that matter is not
before me in any Of these cases.
1T was shown in this case. that
Brady laid eleven square yards of
. pavement.
"The second information against
Brady charges him with failing TO
take out permit for the laying of a
, certain brick pavement at and In front
of the dwelling house No 623 South
Heald street
"Inasmuch as the resolution con-
cerning the laying Of new sidewalks
provides that they shall be laid with
Portland cement concrete. the inlor-
nation charges the defendant with
committing an impossible offense, for
he could not obtain such a permit,
IN he had applied for one. to lay a
brick sidewalk The proper charge
against him should have been the
laying of a brick sidewalk contrary
TO the provisions of Section / of the
. resolution
[. For the above reasons the second
! charge against Brady must be dis
} missed.
THE information against Hamilton
lcharges him with failing TO take out
a permit for the laying of a certain
cement sidewalk at and in front o
No. 1901 Broome street The de
lfendant pleaded guilty. II was showi
that he laid twenty-five square yard
lof pavement or Sidewalk
"The Information against McCloskc
also charges him with failing 10 tak
out 2 permit for the laying of a Ger
tain cement sidewalk az and in from
Of the southeast corner of Secon'
and Broome streets. n was show
that he laid one hundred and twenty
FIVE square yards of sidewalk
THE information against Connell!
also charges him with failing 10 taxi
out "A permit for the laying Of .
cMent sidewalk a. Nos. 205-2i
Cedar street. II was shown that H.
laid one hundred and two squar
yards of sidewalk
Connolly produced a notice fror
the Street Commissioner. addresse
to the owner Of the properties o
Cedar street. which he construed o
claimed to be a permit to do the wor
for the owner, as therein directed
This notice read as follows
Street and Sewer Department,
S. W. corner Sixth and King
streets. Wilmington, Delaware.
July 2S, 1913.
To Geo W. Bright. Esq.
719 Market street. City
Application has been received
from fifteen freeholders residing
or holding property on Cedar
street, petitioning this Depart
ment to have curb stones reset
and the footways or sidewalks
graded and re-paved, as the case
may require. on y S, of Cedar
bet Wright and Coleman streets.
These sidewalks are all below
grade"
Notice is hereby given you to
have your property on this street
properly graded curbed and paw
ed in accordance with the ground
plans and regulations OF the City
of Wilmington within 90 days
from date. or abide by the provi-
sions of the law for such cases
made and provided
: Very respectfully.
Frank w Pierson tSigned) .
Street Commissioner
Per II. W. C. tSignedl
This is POS to 2l3 Cedar street
"It will be observed that this mott
directs the addressee 10 do certa
things or abide by the provisions of {
law in such case made and provided. b
nowhere states that before doing I
work the agent. or addressee or contra
tor shall first take out a permit hefo
= the work can be done.
. "'rhe defendant received the not
u from the addressee. Mr.. Bright. and pI
ceeded to do the work as requires. by I
+ notice. and after the completion of (
= work he Is now arrested for not TAXI
= out permit to do the very work
j. principal was ordered TO do.
n This appears 10 make the matt
o somewhat ludicrous. aud il is unfori
= nate that the notice did not state III