Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-10-19
OPENING OF THE ADDIoKs FIGHT
Before Chancellor ad Litem, Henry II.
,InllnHon. in the Sunerior Court.

Before Chancellor adj Litem, Henry II.
johnson, in the Superior Court.
The first gun in the great legal fight of
]. Edward Addicks, ct al, that is to say
the 0xy-Hydrogen Company. against the
city in order to obtain rights under Ger.
tain charter obtained from the Legislature
by which the OXy- Hydrogen Company may
lay gas pipes in the streets of Wilmington,
was fired off last Thursday in the superior
court chamber.
Chancellor ad litem Henry Ridgely
johnson of the Kent county|bar appeared
in the superior court chamber precisely at
1920 in the morning. He was escorted by
William q. Kirbin of New York, a gentle
man visiting with MIR. Johnson's family
in Dover.
The Chancellor ad litem is, as is geuer.
ally known. perfectly blind. He is of
quiet, dignitied mien, and his voice, as he
replied to the various introductions of
members of the bar, indicated still more
an equableness and retcence that argued
well for the demands of the important
case that Mr.. johnson has to try.
His blindness has that more fortunate
feature by which the eyeballs themselves
do not disiigure the features. Anyone COM
ing into the court room would not unless
told so suspect Mr.. johnson of blindness.
Yet it is understood that the iniirmity is a
hereditary one. His mother is blind, as is
also his uncle Edward Rdgely, also a
Chancellor ad litem.
All the counsel in the suit were present
Messrs. Harrington and Ward for the
OXy-Hydrogen Company and Messrs.
Bradford and Spruance for the city. City
Solicitor Elliott and ex-City Solicitor Curtis
also were present. President Gawthrop
of the Street and Sewer Commission was
among the audience.
When Crier Smith had opened the court
| tho a1 litpn, Chancellor it,efruntp1 Rppistar
Ferguson to read the governors commits
sion for the sitting of the court. Mr.. John
son then inquired CT counsel as to their
being ready.
Mr.. Harrington was the first to speak.
In his opening he read the two long
documents, the bill of complaint and the
demurrer. Mr.. Harrington made a lengthy
address. He said the mere reading of the
demurrer and its comparison with tine
allegations of the bill of complaint is
sufficient warrant for the motion he made
this morning. The first principles Of
equity and Il common sense view of the
matter demonstrates that counsel cannot
get along without making the 0xy-Hydro-
| gen Company party to the bill.
The complainants in the bill did not
make the 0xy-Hydrogen Companya party
to the bill. The defendants, therefore, de-
INJURED to the bill for this reason that the
Oxy-Hydrogen Company is a necessary
party, and If 1t be not made party, then
the decree of the Chancellor will in no
way whatever affect it. The decree will
amount to nothing SO far as the Oxy-
Hydrogen Company is concerned.
The present proceeding is only to make
the 0xy-Hydrogen Company a party to
the present suit, in addition to the names
of Addicks, Baker, &c.
When this is done the 0xy-Hydrogen
Company, the defendants, will file their
answer to the bill of the complainants
and the case will then come up TO its
merits.
During the whole of Mr.. Harrington;
lengthy address, the Chancellor ad litem
listened with the closest attention. Not on
single occasion did he open his mouth to
interrupt or ask question.
At the close of the address by Mr.. Har-
rington speeches were made by Messrs
Bradford and Spruance who claimed that
on account of the shape the nleadings ar,
4 in the tirne has not yet arrived at which
the company could be made party u
asked.
In his argument Thursday afternoon
before the Chancellor ad litem, in tht
case of j. Edward Addicks ct al. VS.. the
city, Herbert H. Ward for the formel
endeavored TO show that the allegation
of his opponents that the Oxy-Hydro
gen Company has no valid nor legal or
ganiZation, should not affect the posi-
ton taken by himself and his colleagu,
as the matter of the cumpany's de factt
existence is sufficient in the premises in
dependent of any de iure existence OF
the record of such.
He claimed also that it is impossible
to read the bill of complaint without
plainly perceiving that the 0xy-Hydro
| fa s,,ta g.
the subject matter of the suit, and thu
fact of the company's being party t.
the suit is absolutely necessary In ordei
for the court to make complete decree
He claimed that on the face of the bill
the court could not, in his opinion, fail tc
perceive the interest OF the Oxy-Hydro
gen Company in the present action. Ii
the bill there is no allegation of the non
existence, de facto, of this company.
Messrs. Addicks, Austin, &C., wer,
not acting as private individuals in tn,
actions referred to on the bill, they
plainly acted, according to the wording
Of the bill under the authorization of ,
certain charter.
Mr.. Ward closed at 4 o'clock.
Mr.. Bradford referred to the de iure-
de facto proposition of Mr.. Ward. II,
replied that mere de facto corporation
is u nonentity for all practical purposes
He asserted that it is of the utmost i'm
portance to show that the Oxy-Hydro
gen Company has legal and valid ex
istence. 1t would be seandalous wert
persons without legal authorization Il
have the power to tear up the streets o
Wilmington and make use of privat
property as they may desire. He askeC
whether there exists any compulsion I,
recognize even tho de facto existence o
the company.
Mr.. Spruance denied that there wa
even n legal organization, or a valid on
that is any organization that coult
have risen not only to legal, but alsC
to the dignity of a defacto organization
He gathered from the expressions o
counsel of the other side that there wa
not even de facta organization.
This act of opening the street is tn
first corporate movement and onl,
record of the alleged corporations ex
istence.
At the close of Mr.. Spruance's re
marks Mr.. johnson inquired of counse
whether they had finished.
On an affirmative reply the Chancello
} ad litem instructed them to make ou
J their briefs and send them to him.
Court adjourned at 4.30 p. m.