Evening journal., 1893-10-12
ARGUING FOR ADDICKS
The Chancellor Ad Litem
Hearing the Case To-day.
Bx-MAYoR HARRINGTON OPENED

Company Can BE Put In the Bill In
Equity-He would Resist a Preliminary
or Permanent injunction.
Argument on a demurrer to the bill in
equity fled by the city, at the request
of the Street ard Sewer Department,
against ]. Edward Addicks, ct. al, TO
restrain them from laying gas pipes in
the streets Of Wilmington, was begun
before Chancellor ad litem Johnson, in
the Court of Chancery this morn
ing.
The chancellor was accompanied to
this city by William G. Kerbin, of New
York. The chancellor is a fine looking,
scholarly man, and regarded as one Of
the most astute lawyers. in Dover. His
great affection is almost total blindness
Is Oxy-Hydrogen a PartyF
The simple question involved In the
argument to day is whether the Oxy-
hydrogen Company Is a party defendant
to the action Of the city. The company
is ignored by the city's bill and the de
murrer asks the chancellor TO make 1t a
party to the suit.
City Solicitor Elliott, William c.
Spruance aud Edward ,G Bradford rep
resented the city Gas King" --Addicks
was represented by ex-Mayor Austin
Harrington tand H. H. Ward. of this
city, with @. Berkeley Taylor, of Phila-
delphia, as consulting counsel.
Arguing for the Demurrer.
Mr.. Harrington opened ithe argument.
n hcf ffaIl nj
lows:
All persons materially interested,
should be parties to the suit in equity,
either as complainants or defendants,
so that the court may determine the
rights Of all persons interested in the
subject matter of the suit and make a
complete decree.
It is incumbent upon the court in a
proper case upon demurrer, OF otherwise,
to order proper part les made to record.
A corporation constitutes no exception
from this general rule, and in order to
make it party, it must be sued in its
proper corporate name.
The Oxy Hydrogen Company is not 8
party to this action since no subpoena Is
prayed against it.
For some reason there appears to have
been an attempt to avoid making the
Oxy- Hy ydrogen Company of the state oi
Delaware party defendant.
But the very allegations Of fact which
he complainants found it necessary C
make to set out their case, and then e
accomplish their over strained purpos,
to save themselves the necessity oi
making the Hydrogen Company 9
par ty defendant, have irretrievsbly draw
said company into the case, and mus
compel the making Of said company
| party defendant, both because it ap
/ pears to be vitally interested in the
/ subject matter of the suit, and for The
| purposes Of an adequate decree
| The complainants have found Il
necessary in their bill of complaint I,
put in issue-O The legal organization
of the company; (2) The powers an,
authorities, and the extent thereof
possessed or claimed to be possessed b.
the company, under its charter Of incor
poration.
| Without determine tion of these twl
issues Of fact and law by the court. tn
court cannot reach any conclusions upol
the equities of the bill, or make an
decree; but the court should not rende
any decree involving a judicial deter
mination upon these two points, with0u
giving this company an opportunity L
be heard as a party. ANY deere
otherwise rendered would be simpl
nugatorY and would, in no respect, bin'
the company or its agents.
The prayer of the complainant is tina
the court will eDjoin these defendants
whom the bill AYERS to be alleged agent
Of the company, and all other person
claiming to be agents of the injunctio
now stands, there is no reaso
why this company should not choose net
officers or agents, proceed TO dig up th
streets of the city of Wilmington, unit
they should be newly enjoined upon
new bill filed; and if such new bill b
enjoined. By no possible stretch of powe
can the unnamed agent Of a person no
named as a party be enjoined.
The common practice Of this court
enioin the unnamed servants, agents an
employees of party, is based solely upO
, the injunction granted against a party
as such, nd is intended solely to pr
vent the performance by the party,
indirect means, of the matter or thing
which the party was expressly enjoine
from doing
As this action and its pendant We
modelled upon the present one, the con
pany could again choose other ofiicei
and agents. and repeat the process an
so on forever.
Only those persons named in the wri
. and their agentsh, aving knowledge
. the order, can be made liable for
g breach Of the mandate Of an injunction
A Legal Phantom.
{ In his reply Mr.. Bradford said: "Tl
r Oxy-Hy drogen Company has no legal
valid existence. Although a chart
may exist in contemplation ! Of la'
y in order that corporation mi
:. exist for any practical purpos
d it must have an organization. The d
n murrer admits that the company new
= had any legal or valid organization al
y it exists for no practical purposes. Up'
> whom would process be servedg He
Is could It be brought into this court2
fail for one, to find any answer TO Oh
! question. How is il possible to get a leg
In phantom, an apparition, before II
! court. 1t is not enough that the chs
as ter had been granted. -but that compai
as must have legal authority to act. I'll
M we deny, and the demurrer admits 1t.
h Argument occupied almost the emit
te day.
= Busy limited Workmen.