Evening journal., 1891-04-01
CAN THEY LAY PIPES?l
oxY--YDRcS SEN GAS COMPANY HAS
BEGUN TO DIG THE STREET.

The Street and Sewer Directors Are De-
termined to Prevent Them aud Have
Secured Legal Aid-The Case of Both
sides stafed-The Situation.
A difficulty between the Strest and
Sewer Directors OF this city and the Oxy
Hydrogen Gas Company OF which
Edward Addicks is president has for
some time been pending. II was known
that that this impending difficulty would
soon materialize as Mr.. Addicks had ex
pressed determination 10 tear up the
streets when the proper time wou ar
rive while the Street and Sewer directors
had expressed equal determination to
prevent him.
A Squad OF Men at Work
The time arrived yesterday and Mr
Addicks made the contemplated move oy
sending a squad Of men to dig up East
Liberty street. while tho directors made
= counter move by having the names Of
the foreman and his employer taken
down. with view Of prosecuting the
matter, They also made further move
A. their meeting last evening by decid-
ing 70 employ the firm Of Bradford g.
Vandegrft, attorneys, to aesist the city
solicitor in the legal battle which must
ensue, and by passing a series OF resolu-
tions on the matter.
What the Direoiorss say
Tho resolutions set forth that as
neither the Oxy Hyd -ogen Company nor
any Of their agents had obtained permits.
sion TO enter the streets, as they had
/ n ftftaH fha han-I -
we're about to do. and without ouch per
mission from the board their action was
| illegal, therefore the city solicitor and
| special counsel were instructed To insti
tute proceedings 10 restrain and prevent
the Oxy Hydrogen Company from tear
ing up ths streets The mayor and City
Council were also asked to cooperate
with the department in the matter
The Objections.
The objections set forth are that the
opening and excavation OF the streets
would be inexp edient, and detrimental
to the health, convenience and welfare
OF the public a c,py OF resolutions
we're directed to be sent to Mayor Austin
Harrington who is counsel for the gas
company
After the names of the men who had
been digging Liberty street we're taken
down yesterday by Street Commissioner
Francis McCloskey, the men stopped work,
it Is presumed on account of the rain.
The Men sdn at Work.
This morning however they began
work again and continued during the
forenoon without molestation.
What mr. Cande Says.
s B. sConde. superintendent OF The
OxY- hydrogen Company, was seen to-
day. and stated they had Intended to put
eighteen other men to work this after
noon. Their charter. he said. gave them
the right TO open the bed of any street
for the purpose of laying pipes This
right bad never been denied them. It is
true that the company had at one time
petitioned the department for permission
to lay pipes on certain streets on Shipley
and other streets, but they did this for the
sake of harmony and in order to save the
city and themselves from extra expense,
because If the department intended TO
pave particular street on which the
company wanted to lay pipes they
wished to know Of It, in order to antici-
pate the department. aud save the trouble
and expense OF tearing up new pave
i lA1n Nos IL " a. Dui Arclirs EOullUAtU
Mr. COnde, ITO act in conjunction with
the Street aud Sewer Department, but
for some reasons which is unknown to
us, they became prejudiced against our
company They refused us permission to
enter Monroe street a short time
ago. and soon afterwards gave the Will
mington City Railroad Company permis-
sion to tear up the same street Now
that they have gone TO such extremes
there is nothing left for us to do but
exercise the rights given us by the
Legislature Our charter will not ex
pire until 1898, and until that time we
have authority to enter any street in the
city we see fit, and we mean to exercise
that authority
The city solicitor will confer to day
with Bradford & Yandegrift with the
view Of taking steps to prevent the work
from being proceeded with Il is prob
able that an injunction viii be taken out.
A curious thing in connection with the
| trouble is that Mayor Harrington is
counsel for the Oxy Hydrogen Company,
and therefore expected to serve them In
his legal capacity, while the Street and
Sewer Directors havs called on him tc
aid them in his official capacity.