Evening journal., 1895-03-20
THE RAILWAY WAR Is ON
Charter of the Wilmington City
Railway Attacked.
SHOULD NOT HAVg A MONOPOLY

Bin KiIled-rhe breeders BIN.
City Bnls-The Complex school Laws.
Appeals From Justice-Notes of the
Capitol.
stafr Correspondence Evening journal.
DOVER, March 20. = Representative
Balls attack upon the Wilmington City
Railway Company cleverly began to-day
by the introduction Of the following bill
depriving that corporation Of the
exclusive features Of It's charter
Where's, in section of chapter 406,
volume 10, Of Delaware Laws, being an
act to incorporate the Wilmington City
Railway Company, passed at Dover
February 4, 1916, there occurs the
following words: The said corporation
shall have the exclusive right and
privilege OF locating, constructing,
operating and maintaining city railway
within the city limits, and
Whereas 1t is contrary TO public
policy that franchise should be granted
10 any corporation excluding from an
entire community all others transscting a
business similar to that to be transac ed
by the corporation SO created, and the
rights Of the public be thereby invaded
aud a monopoly created, and
Whereas, the General Assembly
doubts the power of the General Assembly
OF 1864 to create monopoly contrary TO
public interests and rights, by attempt.
ing to grant to the Wilmington City
Railway Company the exclusive right OF
locating, constructing. operating and
maintaining a city railway within the
City OF Wilmington, which opinion has
been entertained by other General Assem-
blies as evinced by their actions in
| ignoring any exclusive franchise, by
creating other corporations to which they
granted rights of locating, constructing,
operating and msintsining city railways
/ within the City of Wilmington, which
| legislative acts have been by the General
Assembly of 1877, In incorporating the
/ Front and Union Street Railway Com
pany, as found ia chapter 432, volume
| Assembly of 1881, in granting to the
Front and Union Street Railway Com
pany the use of additional streets withir
| the City OF Wilmington, as found
/ In chapter 458, volume 16 Delaware
Laws; by the General Assembly of 1888
In incorporating the Wilmington anC
Il
which act gives as the purpose of saiC
corporation to locate, construct. operate
and maintain city ailway within
the City Of Wilmington as found ii
| chapter 172, volume II Delaware Laws
by the General Assembly of 1885, Ia re.
4 enacting the charter Of the Wilmington
aud Brandy wine Passenger Railway Com
pany, as found in chapter COS, volum
n, Delaware Laws; by the Genera
Assembly Of 1889 In Incorporating tn
Eighth Street Passenger Railway Com
pany, the object Of which is stated to b
tte construct, operate and maintain
street railway within the City of VIII
mington,' as found In chapter 657
volume 18, Delaware Laws, and b,
the General Assembly of 1891, in amend
ing the charter of the Front and UnioI
Street Bail way Company, in which act Il
gives as the business of said corporation
to be to construct, operate and maintain
city railway within the City Of WI
mington,' as found in chapter 18S
vo ume 19, Delaware Laws, and
Whereas, The Wilmington City Rail
way Company now Is, and for severa
years has been, using power to prope
it's cars different from that authorized il
It's charter, which indicates the use o
animal power, and provides that it
horses shall have bells thereon, and
Whereas, By the eleventh section o
the act to incorporate the WilmiDgto
City Railway Company, the power I
revoke the said act ia case of a misuse o
abuse thereof is reserved by the Geners
Assembly therefore
"Be IL enacted by the Senate and Hous
of Representatives Of the State of Dels
ware IN General Assembly met (5wS
thirds Of each branch concurring therein
''Sectlon /. That the use by the Wi
mington City Railway Company OF
motive power different from that author
izsd by its charter is such an abuse {
misuse OF its franchises as to legal
Justify this General Assembly, under th
reservation contained in the elevent
section Of the act creating said corpors
tion, to revoke the same, and to terminal
all rights and privileges aceruing ther'
under.
"Section 2 That SO much Of sectio
z Of the act to incorporate the Whining
ton City Railway Company ss includ
the words the said corporation shs
have the exclusive right and privilege
: locating, constructing, operating al
maintaining city railway within the eli
: limits is hereby repealed
WIN Report 1t FavorabIy.
II there bs any virtue in the word
the House Committee on Private Corpor
! tions, the Senate supplement to Il
charter of the Wilmington and Brand,
q wine Springs Railway Company,
] amended by the House committee, W
: be favorably reported to the House t.
y day. 1t will allow the company
Z build its tracks In to Sixth and Fren
: : streets, Wilmington Whether it "
= be concurred in by the Senate is vel
i dubious question
y r chard w. Crook, Robert G. Just
= DR.. L H. Ball and Hugh @. Brown
representing the company, were given
hearing before the House commit
yesterday afternoon. They all ma
speeches in favor of the amend
supplement and against the pretensio
of the Wilmington City Railway Co
pany that It has charter rights
exclusive operation within the corporI
limits of the city Of Wilmington. AT
IN the hearing your correspondent ask
e one of the visitors how he made out.
kE.