Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-02-16
Rather Busy Week for That
August Body.
ELECTRIC RAILWAYS GALORE
Champions of Various Lines
Make Speeches.
Still There is Time Found to Consider
Matters Concerning the Lower Portions
of the State Want to Annex Hawaii.

railway ueDate OF tO-nlRnt DTDuInJUOWn
the biggest crowd that has gathered in
the State House since organization night.
The floor and lobby of Representatives
Hall were crowded, every available
space being occupied, when, at S.l5
p. M, the hearing was opened with
Captain Dasey in the chair
Peter l.. Cooper, Esq, led off on be-
half of the Wilmington & New Castle
Electric Railway Company. He had
been surprised to encounter opposition,
but when it developed he had asked the
Legislature to give the friends of the
road chance to meet its enemies in
open debate, and the Legislature had APP
pointed this hearing iu accordance with
this request. He proceeded to say that
his company had started on this enter.
prise with due deliberation and care
full survey of the ground. In order to
further success they decided not to
depend on the railway alone. For this
reason they wished to locate their plant
at New Castle so as to enable them to
electrically light that town as an ac-
ccssory issue Another side issue to
help the enterprise along, that had been
contemplated, was the location of one
or more parks along the line. In laying
out their route, he would say frankly,
he depended largely upon the traffic of
South Wilmington to help them out
He was not asking for a road from Eden
Park or from the city limits; such a
charter would be yaueless; they wanted
10 come to Fourth and Market streets
We were not running parallel TO any
line already built; We very skillfully
eyaded doing this; therefore we had not
anticipated the opposition we have met.
Mr.. Cooper then proceeded to argue
the claim Of the Wilmington City Rail
way Company to exclusive rights
within the city limits. When that
charter was granted no part of South
Wilmington was within the city limits,
Therefore, even admitting this exclusive
right, they cannot shut us out of South
Wilmington under that charter. The
portion south of the Chrstiana was not
taken into the city until 1866.
This "exclusive privilege" seems to
have been what the Legislature was
stumped ON. He was ready to admit the
general statement that charter was O
contract and protected by the constitu.
tiennl lprovision, but he contendcd, and
was ready to leave the contention to tho
courts, that this was not the case. First
because no exclusive monopoly could
be created within an incorporated city
without the consent of that munich
pality. Here the doctrine of ultra wires
asserts itself; the Legislature has gone
beyond its power.
But not on this would he lay the
greatest stress. In the Federal Reporter
D. 324, he found case parallel TO this
In 1867 horse railway company was
given exclusive rights for 80 years
Defendant company sought to lay o
cable railway. An injunction wa,
asked for and denied. The court held
that the grant was only Of such form:
of transportation as then used and did
not contemplate a monopoly Of othel
methods. The Legislature could only
grant that which was known; having
granted the right TO horse railway
they reserved the right to grant right:
TO other and undiscovered modes d
travel. In another case cited railroa,
bridge was adiudged by the courts no
TO be an invasion of the eXcusiy,
rights of toll bridge The application
of electricity as n motor was unknown
and not contemplated in the charter .
1864. He believed it TO he good Law
that the Wilmington City Railway Com
pany does not possess to-day the lega
right to propel its cars by electricity
The General Assembly has, as mat
ter of fact, chartered other companie
to lay Ii acks within the city limits, anC
the Wilmington city company, instea,
of laying injunctiOns has bought on
the stock of these competitors. Give II
this charter and we will take care Il
maintain our rights under it.
AS to the bona tides of the incorpora
o.
to the contrary is an insult To these men
AS one of tie incorporators he woul
say: Give us this charter and we wi
build this road.
After a momentary sparring for point
between Willard Salisbury and II. /!
Ward, Esqs., Thomas llolcomb of tn
New Castle, Newport & Wilmington
said he took one or two things fC
granted. You don't propose to sit dow
ON internal improvements. Grant Il
the charter and the city railway ca
make its objection to the courts. II
didn't believe it to be the intention {
the old company to build any roads OF
of Wilmington. Mr., llolcomb the
proceeded to urge that his conlpan
favored the most practicable route frol
New Castle to Wilmington. Ills lin
wanted to come, by way of Second an
Shipley streets, to the new post-oitiG
site at Ninth and Shipley. They WEI
acting in good faith and the incorpori
tors are interested in the building OF Il
road.
II. II, Ward, ESD, representing Il
Wilmington & Brandywine Springs bill
said there was no rivalry among IL
charters now pending. He did not b.
lieve that more than one road to Ne
Castle will be built. If one of the othe
build such road, his company wOul
not, but would arrange to use that roa
as part Of their line. The only questlo
that should be considered is-are Il
franchises asked for proper ard
accord with public interestsg The Wi
mington city company has no moral
legal right to act the part of the dog
the manger. His company proposes
come into the city over Wushiugtc
street bridge, down Washington sire
to Fourteenth, to French, to the r., '
d. b. station. He said, with perfe
frankness, they did not depend on hon
capital to build this road. We have Il
backing sutlicient-half a million
more-to build this road. The w
mington city company has no dou
about this ability, and is trying to fol
stall us by pre-empting the streets '
ask for.
1a.n,I. ro,,aatn, for tl,a noa,o az,