Evening journal., 1914-03-19
MAY UPSET
$3.50 SALE OF
WATER RIGHTS
Claim That Water Commission
Only Could Sell Water
From BrandywlHe
ENGINEER HOPES MAY
SUBMIT REPORT TODAY


Much interest has been aroused by the
publication in THE EVENING JOUR-
NAL yesterday of the text of an agree
ment entered into in July. 1905, between
the Street and Sewer Department, the
Joseph Bancroft and Sons Company and
the Jessup and Moore Company, under
which the Bancroft Company by paying
$3.50 a year to the William Lea and Sons
Company, owners of the north long race,
was to be permitted to divert up TO one
half Of the flow Of the Brandywine from
that stream and not return il TO the
stream.
That there had been an agreement en-
tered into between the city and the two
industries along the Brandywinc was
known, but that the agreement granted
the privilege Of diverting the water from
the Brandywino and passing it along
through the north intercepting sewer, in
stead Of returning it to the Brandywine,
comes as a surprise to most persons.
Whether the agreement is binding for
ol time 10 come, or can be broken be-
cause it was not made by the Water
commission, which il is claimed has
jurisdiction over water rights of the
Brandywine, arc questions to be deter
mined. The agreement may prevent the
city collecting any payment from the
Bancroft Company for water il has been
using since July. 1908. when the agree
ment was made. until such time as the
agreement may be dissolved OF broken.
he Bancroft Company used considerable
water from the Brandywine for manu-
featuring purposes, as we'll as for houses
the company owns that are occupied by
its employees.
The subject may come before the Wa
ter Commission at q special meeting to
be~held this afternoon. Chief Engineer
Edgar NJ. Hopes Jr. who has been
gathering data for the commissioners
at the request OF City Council, may sub
NIT his report this afternoon to the COM
missioners, giving the information Coun-
ri asked for Mr.. Hopes was instructed
by the commission on Monday to COM
pile such data.
Members of City Council informally
discussed the water rights agreement
last night, and IL may be discussed at
length at the meeting tonight.
Ii Is is-eontended By some persons that
under Chapter II Of the City Charter
the Water Commission is given iurisdic-
tion over the water rights OF the Bran
dywine, and it II the only department.
Of the city having power to enter into
such an agreement concerning the wa
ter Of the Brandywine. Judge Spruance
in the case of Coyle vs.. Mclntire, found
in Houston A, and decided in 1854,
said in constituting the act creating the
Water Commission; Here We have con
ferred upon said city, by the agency of
the said board, the fullest power TO ao-
quire, hold and use real aud personal
property Tor the supply Of water to the
citizens Of the said city &c.
In the case of Weldin vs.. Wilmington,
Pennewill 472, Judge Spruance said;
Prior to the passage of said act, the
waterworks OF the city had been under
the control Of the City Council, and said
act transferred said control to the said
board. sef Since said act took
effect, the City Council has had no power
whatever as to the water supply of the
city. and the powers Of the corporation
in this respect, whatever they may be
e can be exercised only through the
sgency of the said board, and said board
has no powers except those conferred
upon it by said act
In the case OF Coyle vs.. Mclntire,
Chancellor Salisbury said:
"All the agencies of the city
can be abolished or changed
at the will of the Legislature, and
their functions terminated
and assigned 10 other and different
agencies"
80 although the water works
may have been prior to the
passage Of this act under
the control Of the City
Council it was competent
for tho Legislature TO alter and
change that control, management and
agency as it might deem proper"
Former Mayor Horace Wilson, who
was mayor Of Wilmington when the
agreement was entered into, wher
asked about the subject this morning
stated that il was his impression that
the agreement had been entered into
between the Street and Sewer De.
partment, the Bancroft Company ano
the Jessup and Moore Paper Company
for the purpose of getting sewer al
that place.
When asked whether the Street and
Sewer Department had known, at th'
time the agreement was made, thai
they were comforting the right tC
divert one-half Of the flow Of thu
Brandywine for their private use, Mr.
Wilson replied that the department
might have known they we're doint
Continued on Page Twelve.