Evening journal., 1923-01-31
COUNTY TO PAY
bridge DAMAGE
Memorial Structure Now
Under Control of Levy
Court
VIADUCT QUITE SAFE,
COMMISSIONERS SAY

Following the filing Of a report on
the status of the washington Street
Memorial Bridge given by Frank L.
Speakman, attorney for the New
Castle County Levy Court, members
Of that body yesterday afternoon in
structed the clerk. James F. Nc
Ivor, to forward a copy of the opin-
ion TO Alfred I. DUPONT, president
of the Bridge Commission, which
had charge of construction. At the
same time. it was ordered that Mr..
dupont be advised that the county
will repair the damages done the
ballustrade by Victor Basksy, an at
torney whose car ran into the struc-
ture.
Following the accident Mr.. du-
Pont called the attention Of the
Levy Court to the damage, stating
in his letter that the bridge was un-
safe in its present condition. The
court replied 10 Mr.. DUPONT that in
their opinion there was no danger
70 the public at present.
Mr.. Speakman called attention to
the Memorial Day exercises when the
bridge was supposed TO have been
turned over TO the Court and says
that a month later the Washington
street bridge commission issued
bonds to assist in the paying of the
actual cost of construction, the work
being carried on at that time.
Mr.. Speakman's letter follows:
Bridge Committee OF the Levy Court
OF New Castle County, Whining
ton, Delaware.
Gentlemen: One OF the members
Of your committee has asked me
when. in my opinion. the Washing
ron Street Bridge Commission ceased
TO have jurisdiction and control over
the new Washington street bridge in I
this city. and when said Jurisdiction I
and control passed 10 the Levy /
Court.
The Washington Street Bridge |
Commission was created under the
provisions of Chapter 90, Volume 80.
Laws OF Delaware, and by said chap
ter was granted full power and au-
thority 10 construct the said bridge.
The said Washington Street Bridge
Commission is neither under said
chapter nor under any other law of
his State given any jurisdiction and
control over said bridge after its
Under the provisions OF Section
1881, Chapter 55 of the Revised
Code OF the State of Delaware. A.
2 1918, the Levy Court Is given the
control OF the public roads, bridges
nd -. I
and under the provisions of the sub
sequent sections such control is fully
defined.
On the Thirtieth day Of May. last. /
at a public demonstration held in |
this city, one Of the members of the |
Washington Street Bridge Commits /
SION on behalf OF said Washington
Street Bridge Commission purported I
70 turn over the jurisdiction and I
control OF said bridge Of the said /
Levy Court and at the same time one
Of the members OF said Levy Court
on behalf OF the said Levy Court pur-
ported to accept the Jurisdiction and
,ontrol of the said bridge for the
aid Levy Court.
Immediately before. and for
considerable period subsequent to
he said date. the Walsh Construc-
ion Company" which was building
aid bridge under a contract with
he said Washington Street Bridge
commission, was actively engaged
n doing work under its contract.
IN View OF this fact. it cannot be
seriously contended that on the said
lhirtieth day OF May last the Wash
ngton Street Bridge Commission had
completed the duties with which il
was charged by law respecting the
construction OF said bridge. and
that the purported turning over of
the said bridge by the said Wash
ington Street Bridge Commission by
a member thereof. TO the Levy
Court and the acceptance thereof
by a member OF said Levy Court
would in law give 10 the Levy Court
the jurisdiction and control over
said bridge on said date. In addi-
ton TO the above. the said Washing
ton Street Bridge Commission on the
Thirteenth day OF June, A. D. 1922.
under the hand OF its chairman re-
Quested the Levy Court 10 issue ad-
ditional Bonds 10 the amount OF
Five Thousand Dollars. (s5,OOO.oO)
10 provide necessary funds for all
payments on account OF construction |
Of the said bridge. which said bonds
we're duly issued on the Eighteenth
day OF July thereafter and were sold
BY the said Levy Court 10 Security
Trust and Safe Deposit Company at
rs bid Of Five Thousand Dollars
fs5.00O-O0) and the proceeds from
said sale were forthwith placed TO
the credit OF the said Washington
Street Bridge Commission.
The fact that sometime during
he month % May last, the Levy
Court OF this county placed a watch
nan az the expense OF the county
1pon said bridge. is OF no impor-
ance in determining when the jur-
sdiction and control OF said bridge
passed 70 the Levy Court. This
~ztchnan was placed on said bridge
under an arrangement with the
Walsh Construction Company"
ontractor. which agreed that II
uch wstchman be placed upon
ne bridge for the protection OF the
~aveiing public. that It would open
ie bridge 70 public travel. before its
NAL completion The additional
TACT that lights were provided upon
said bridge. at the expense Of the
Levy. Court. is also Of no impor-
lance in determining when the juris-
aiction and control Of said bridge
passed TO the Levy Court. az said
lights were furnished solely for the
protection OF the travelling public.
II is fact that for sometime