Peninsular news and advertiser. [volume] (Milford, Del.) 1872-1904, 1877-06-29
TINE NEW BRANcH OF THE DELAWARE
RAILROAD.


The Bay Shore Road, which the ell
gineers of the Delaware Railroad are now
surveying, promises to stir up some ex-
citement among railroad men in this
State, and possibly may give rise to some
pretty extensive litigation before it is
constructed. 1t is intimated that the
Junction and Breakwater company will
contest the right of the Delaware Com
pany TO lay down line parallel to theirs;
and one which, if constructed, will les
sen or destroy the security which the
State holds for her loan of $500, 900 to
the former company. The Delaware r.
r. claims the right to construct this road
under section twelve of its charter,
which is as follows:
"And be it further enacted That the said
Delaware Railroad Company be, and they
are hereby authorized to locate and construct
a road from. Dona River, to the Nanticoke at
or near Seaford with branch thereof to
Milford. and such other branches as the SAID
Company shall think ft 70 any point On Kent
or Siissss couPties; and for that purpose to
enter upon any lands necessary for locating
laying out or making the same, or to procure
sand, gravel, earth or wood for such use, and
TO obtain titleo right to the same as herein
provided"
1t will be seen from this section of the
charter of the company that there is no
question as to the right and authority of
the company to construct the road, and as
all the courts Of the country have held
such charters to be an agreement or con-
tract between the State and the Com
pany that cannot be annulled or changed
without the consent of both parties,
there would seem to be little ground left
for any litigation to be founded upon.
But there still remains the interest of
the State in the Junction and Breakwater
road which our courts may feel called
upon to protect. There can be no denial
of the fact that the construction Of the
new road will ruin the Junction and
Breakwater, and make it comparatively
worthless for long series of years, if
not forever; and as a matter of public
policy the State authorities may feel it
to be their duty to interpose every legal
obstacle that can be invented to the con-
struction of the new road. Among these
will, no doubt, be chancery suit on a
writ of injunction to restrain the Del.
Company from proceeding to build, on
the ground that it will utterly destroy
the security which the State holds for
her loan to the Junction and Breakwa-
ter Company. How such a suit would
be decided, of course no one can tell in
advance, but there are reasons why the
chancellor might consider it his duty to
decree perpetual injunction against
the construction of the new road. We
do not doubt but that he will be asked
to do so whenever the work shall be COM
menced.
Some persons appear to doubt that the
Delaware Company is in earnest in this
matter; but we see plenty of reason to
believe them in earnest. They have at
last seen their error in allowing the j.
and B. to pass from under their control,
and especially in permittingit TO become
competitor and rival iD the transpor-
tation business Of the Peninsula. Hav.
ing become conscious of their blundeI
they now wish to retrieve the advanta
ges which they have lost, and this can
the Bay Shore Road. From Dover tC
Milford it will pass through the richest
and best developed section of Kent Co.
and this is nearly one-half the length Of
the proposed road; while from Milford
to Rehoboth, via. Milton and Nassau
the remainder of the line will pas
through the very best section of sussex
giving railroad facilities to Milton which
never has had them, and terminating a
Rehoboth city which must at no distan
dag become one of the leading sea shor
resorts of the country. This will also b.
direct line, and under the management
of the Delaware Company with all it
large facilities, ii will be managed il
such a manner as to get all the travel
twill save an hours time between Do
yer and Rehoboth, and will attract al
the summer travel to the latter point.
Besides this, the new road can now b
constructed for the amount of none
that the Junction and Breakwater owe
the State, and if the latter road could b
giren to the Delaware Company, wit
the State lien upon it, it would be absC
lutely cheaper for that company
build the new road than to take the oil
one as free gift; because new road
SO much better than an old, worn on
one. Hence it will be seen that thei
are plenty of reasons TO believe that tn
Delaware Company is in downright ca
nest in its proposition to build the ne
road.
There is another item Of importans
to be mentioned in connection with tn
subject, and that is the inducemeI
which men have to take stock in IL
new road, outside of any local or persol
al interest they may have. 1t is that IL
stock of the new road will be Delawal