Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1881-02-17

amendment provides that the consent of tn,
City Council shall be had III certain matter,
and that the company be required to keep il
good repair the pavement within the rails Of
their tracks and three feet on each side
thereof
The special committee on certain roads il
st. Georges and Red Lion hundreds reported
by bill authorizing the Levy Court to take
such action was authorized two years ago.
The Committee OH Agriculture reported
bill authorizing stock law in school district
| No. 81, Sussex county.
Mr.. Pennewill gave notice of a bill tc
authorize the execution of deed of certain
real estate belonging to Henry Lieberman in.
] sane.
Mr.. Cooch gave notice that he would intro
dtlce a bill to change the boundary line OF
school district No. 54, New Castle county.
The Committee on Agriculture reported a
road act authorizing George F. Wilson to
straighten public road in Indian River hun,
dred, Sussex county.
The House bill to amend section s, chapter
1O6, Revised Code, was read
The House bill to amend section As. chapter
| Ill. Revised Code. was read
The act prohibiting stock from running at
large IN school district No 2G,Sussex county,
was passed.
Mr.. McWhorter introduced bill incorpor-
atlng the Diamond State Gas Company.
MIR. Cooch then, about II a. H., called up
the Delaware Western railroad bill for final
passage.
In moving the passage of the bill he called
attention to the fact that amendments enough
had been incorporated in it to satisfy any
reasonable objector." The State of Dela-
ware. geographically situated as it is" said
he, 'has no right to say that this bill shall
not be passed. Another road from Baltimore
to Philadelphia is going to be built, whether
we pass this bill or not If we defeat this
bill we will deprive our State of the benefits
of railroad competition; we will throw away
all chance of securing such competition"
MIR. McWhorter moved that the further con-
sideratlon of the bill be postponed until 3
p. M. Not agreed to.
Mr.. CoOch offered toamend the first section
Of the BILL by inserting after the word
Newark, the words ION the north side
thereof
Agreed to.
The bill as amended was then read third
time by paragraphs and passed the Senate by
the following vote;
Ayes-Betts, Cooch, Conaway, Cooper.
McWhorter, Horsey, Speaker Rust.
Nays-Harrington, Pennewlll-2
The bill as amended reads
BE il enacted. de-. That the Delaware
Western Railroad Company be- and it is
hereby authorized to locate and construct
railroad or railroads, beginning at such eligi-
BILE point or points upon the present line of
OF its railroad as may be deemed most favora-
bic, and extending III southwesterly direc-
ton and running within One-half of mile of
the town of Newark, on the north side
thereof. to or into the State of Maryland, at
some point in the line dividing White Clay
Creek hundred from the said State, and in
northeasterly direction to or into the State of
Pennsylvanla and for these purposes to enter
upon any lands necessary for locating. laying
out or making the same; or for the erection
hnnanA an frattf
depots and shops and necessary sidings and
turnouts, or to procure sand, gravel, earth or
stone for such use and to OBTAIN title and
right to the same in the same manner as
IL provided in sections ~ and IL of an act en-
titled IAN act TO incorporate the Delaware IL
Chester County Railroad Company" passed
at Dover, February 5th, 1867, and the amend
ment thereto.
Provided, that the said powers, rights and
privileges granted and conferred in this sec
tion shall become null and void. unless such
extension or extensions upon the present line
of said railroad shall be commenced within
two years and completed within five years
from the date of the passage of this act; and
provided also that ON any railroad so to be
built the rate of fare for passengers shall not
exceed three cents per mile; but no single
fare need he less than Is cents; and the rate
to be charged for freight of any kind by the
car load for a distance exceeding 10 miles
shall not be more than five cents per ton per
mile; and the whole charge for freights
between any two points shall not be greater
than the whole charge for the same kind and
amount of freight between more distant
points on the same road
Sec. 2. For the location, construction and
operation of such railroad or railroads, the
said corporation may from time to time in
crease Its capital stock and issue the same for
cash or for work and labor done, or materials
furnished, and generally shall and may have
ana exercise all the powers, privileges and
franchises and be subject to such provisions
and restrictions as are mentioned and set
forth IN all such act or acts of Assembly as
have been passed by the General Assembly of
the state relative to the said Delaware
Western railroad Company or to the VIII
mlngton " Western Railroad Company whose
successor II became provided, however that
three of the directors of said company shall
reside in the State of Delaware. And il shall
and may be lawful for the said Delaware
Western Railroad Company at any time when
1t shall be deemed expedient so to do, to
operate any road 80 to be constructed as its
main or principal line, and its present line to
Landenberg as a branch line and from time
10 time TO lay out. construct and operate such
branches or extensions as may be deemed
eXpedient, in the manner provided for i'll
section II OF said act entitled IAN act to in
corporate the Delaware ~ Chester County
Railroad Company And said company may
also at any time take leascuf any other rail-
road or railroads. or lease all or any part of
It's own railroad npon such terms ts may be
mutually agreed upon between the parties.
Sec 8. That it shall be lawful for said cor
poratlon to connect any railroad or railroads
so built or to be built or any branch or
branches, extension OF extensions thereof
with any railroad or railroads which are or
may be incorporated by the State or the States
OF Pennsylvania or Maryland and at any
time or times when it may be deemed eXpe-
dent to merge and consolidate its capital
Stock. franchises and property into and with
the capital stock, franchises and property of
such railroad corporation or corporations in
TINS state or IN Maryland or Pennsylvania or
either OF said States ; provided any such con-
solldatlon or consultations shall be made
under the conditions, provisions, restrictions.
and with the powers and results mentioned
ana contained III sections 1, ). g, Z. 3 and of
an act entitled an act to incorporate the
purchasers of the Wilmington a. Western rail
road passed at Dover February 22d 1877,
Section l.-That the State Treasurer be and
is hereby authorized and directed to accept
and receive from the said Delaware Western
Rallroad Company Il gross annual sum of
money, payable III senl-annlal payments Oh
the LIST day of October and the list day of
April, in each and every year in lieu of ali
taxes (other than those upon passenger re-
ceiptsl which may become due from the said
company under any Law or laws Of this state
which shall bear the same proportion to their
gross receipts from sources other than their
passenger business, that the sum Of 927 Ol0
Will bear to the like business of the Philadcl-
phia. Wilmington n Baltimore Railroad Cnn-
pany for the saIne year. provided. that moth
ing herein contained shall be deemed taken
or construed to affect, impair or limit the
right of the Legislature ut any time hereafter
to vary the taxes upon said railroad, a. pro-
vided i'll this section
Section 5.-Ihs act shall be deemed and
taken us public act.
AFTERNOON SESSION.
Senate met at 3 p. IN.
A petition from the iucorporatOrs of the
Middletown Elkton railroad, PRAYING certain
amendments to their charter. was read and
referred to the Committee on Corporations.
The amendments provide First, that the
charter shall become operative when 100
shares of stock, at $50 per share. have been
subscribed second, that the board of dIrec-
tors shall be composed OF three members
third, that the road may start from Khk-
wood instead of Nliddletuwn. The last pro-
vision makes this more properly the Elkton
" kirkwoOd railroad.
MIR. Belts gave notice that he would intro
duce bull to incorporate the New Castle Loan
Association.
The bill providing stock law in school
district No. ~ New Castle county was read IA
second time.
The House amendments to the Archibald
Given bill We're concurred in.
The special committee on the Reagan Lill
reported joint resolution recommending
that our Senators and Representative in Con
gress aid its passage.
The committee on the Annie L. Davis
divorce case reported unfayorably stating