Evening journal., 1914-05-06
BRIDGE CO. wins ON
NEW POINT RAISED
No Legal Requirement Of
Permit to Open City
Streets in Such Cases
OUTCOME OF CLASH
OVER BRIDGE SITE

After hearing evidence, Judge
Churchman dismissed the charge Of
opening Fourth street near Church
without permit. that was brought
several weeks ago against the Atlas
Bridge Company. The case was an
argyle of the controversy over the ap-
proaches for new Third street bridge
over the Christiana river, which has
been adjusted amicably The Atlas
Bridge Company was digging a
trench TO change for the Water Board
the water mains across the Christi
ana, necessitated by the building Of
bridge abutments.
Philip l.. Garrett. who represented
the bridge company. raised a point
that under the Street and Sewer regu.
lations there is no provision for is
suing permits TO bridge companies 10
open streets, and so far as is set
forth. none is required Judge
Churchman took this view and dis
missed the case
Mr. Garrett at the outset entered
many objections to questions asked
by Assistant City Solicitor Lynn
The Court ruled that Charles B. King,
supervisor Of the trench digging, who
was arrested on April 6 on a charge
of opening the street without a per-
init, would have to be connected with
the Atlas Bridge Company as an Of
ficer or employe If the charges were
to stand.
Leslie V. Chrlsty, secretary Of the
Street and Sewer Board, the first
witness, testified that on the day IN
question a gang Of men in charge OF
Mr. King was tearing up the bed Of
the street near Fourth and Church
County Engineer James Wilson
was called at this point and testified
that he knew Mr.. King and that on
April 6 last treated with him as an
officer of the Atlas Bridge Company.
He did not know positively, that Mr..
King was an officer of the company.
Mr. Christy was recalled and testi-
fed that on April Mr.. King made
statement to Street Commissioner
Pierson that he was secretary Of the
Atlas Bridge Company and had charge
Of the men who-had opened the bed
OF the street No permit to open the
bed Of the street had been issued.
Mr.. Pierson testified he found
gang OF men working in a trench on
East Fourth street near Church on
the sixth of April.
The State rested and Mr.. Garrett
asked the court to read the section of
the resolution providing that no one
had a right to open street except
licensed plumber. The next sec
tion gives the right, after permis-
sion Is obtained, TO public service cor
porations TO open streets. The next
section refers to the laying OF pines
for water purposes. There Is no
place in the resolution that IN such
as the pending case any permit is re-
Quired, Mr.. Garrett cortended. and
tnefefore no crime has been commit
ted by the bridge company. He ask
ed that the case be dismissed.
Judge Churchman said the first
section prohibits the opening Of the
street except by master plumbers.
Mr. Garrett reiterated that the
bridge company is charged with open-
ing the bed Of the street without hav-
ing a permit, and permits 10 open the
slaewalks are given to master plum-
bers only.
Judge Churchman asked il a man
can be charged with doing an inn
possibility. Mr. Lynn replied he
could not
Sen you charge the Atlas Bridge
Company with opening the bed of
Fourth street without a permit IL the
permit could not be secured?' asked
Judge Churchman.
No, but the charge is simply one
of opening the street. replied Mr..
Lynn This case should not be
dropped because OF the superfuous
words without a permit"
Mr.. Garrett said It is absolutely
necessary to charge a crime in an in
formation.
You might as well charge him with
opening the bed Of the street while
standing on his head Of failing to beg
xhe pardon Of the Street and Sewer
Department" said Mr.. Garrett. "The
information must contain the crime"
Judge Churchman said the state
must negative exceptions and in this
case It should be alleged that the de-
fendant was not a master plumber
or a public service corporation. "Un-
der the evidence the defendant must
be dismissed" Judge Churchman said.
end end that was his decision