Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-04-18
SOME WILMINGTON BILLS.
The Act In Relation to tho wilmington
City Railway Co.-pnrk Commission Bill


DOVER. April Representative Ball
has introduced an act relating to the Will |
mington City Railway Go. IL is US follows
WnEgzAs. In section :, chapter 400, Vol, XII,
Laws o. Delaware beiiig All act % incorporate
the Wilmington ,ity railway Co., passed AZ |
Dover Feb tlury ltn, 1864 there occurs tho ioi,
lowing words; 'Ihe said corporation thall
have toe cyr!nslya right aud privilege Of To-
eating, constructing. operating and mnintain-
Ing u city railway within the city limits ana
WHEREAS, II is contrary to pubic poncy lhat
n franchise should be- granted to any cor
porn ion excluding from an entire community
all others transacting business similar u mat
to be transacted BIS the corporation so crealel
and the rights of the public be thereby Invaded
and monopoly created, and
WHEREAS. he General Assembly doubts the
power Of tho General Assembly al 1851 10
create a monopoly contrary to public interSs's
and rights. by attempting 10 grant to the Wiz
mtnEtOn City Hallway Co. the exclusive rlghs
oil locating, constructing operating and man
tanning hcty railway wIthin the city OF VIE
mthg'on which opinion has been entertained Dy
other General Assemblies, us eVinccd by heir
actions III Ignoring any exclusive franchise,
by creating other corporations TO which they
grated rights OF locating, constructing, oper-
ating and maintaining city railways within
the city OF Wilmington, which legislative h;ts
have been br the General Assembly OF 1911 IN
incorporating the Front and Union streets
hallway en-, us found iii chapter lS2, Vol. XIV,
Delaware Laws: by the General Assembly oil
1881, in granting to the Front and Union
Streets Railway Co. tho use oil aadluonu,
streets within the city OF Wilmington. as tounu
In chapter 456, Vol. XVI, Delaware Laws; by
the General Assembly Of 1888, 10 incorporating
the Wilmington and Brundywine Passenger
Railway Co., which act gives as the purpose OF
said corporation, ITO locate, construct, operate
and maintain Il city railway within the CITY oil
Wilmington" as found in chapter ~, NoI'
XNIi, delaware Laws; by the General AS
| semby OF 1855, in re-ennGting Tho charter OF
| the Wilmington and BraudSwine Passenger
Railway ca. as found 10 chapter Cos, VOL
| XVII, Delaware Laws; by the General AS
senbly Of 1889, in Incorporating the Eighth
| Street Passenger Railway Co., the object oil
which is stated TO be "to construct, operate
and maintain a street railway within the city Of
| Wilmington" ~ found In chapter 65I, Nol'
| XVIII. DE aware Laws: md BY the Generai
Assembly Of 1891, in amending The charter o.
| the Front and Union street, halfway 20, ~
! which act 1t gives as tho bus ness OF HAld
| CORPORATION 10 be 10 construct, operate nnd
maintain II city railway witnin thu city Of WI
! mlngton," as found iii chapter les, VOL. NV
| Delaware Laws, and
WHEREAS, The,Wilmington City hallway Co
now is, and for several years has been using
u power to propel Its cars different from that
| authorized in its charter, Which indicates the
| use of animal power aud provides that Its
horses shall have bells, thei con, and
WHEREAS, By the l lth section OF the act TO
incorporate tho Wilmington city Railway Co.
the power 10 revoke tho said &C. In case OF n
misuse or abuse thereof is reserved by the
General Assembly, therefore
be 1t enacted, dc.
See /. That the use by tho Wilmington City
Railway Go. of n motive power different from
that authorized ny it's charter is such an abuse
OF misuse of its franchise as to legally Justify
this General Assembly, under the reservation
contained IN the 18th section of the act u
create said corporation TO revoke the same and
terminate all rights and privileges accruine
| thefeunder.
See .. That 40 much Of section OF tho act tc
| incorporate the Wilmington City Railway Co
as includes the words "the said corporation
shall have the exclusive right and privilege o
!
tanning a city railway within the city limits u
hereby repealed.
Sec. 3. Ihat this act shall be deemed ant
taken TO be public act.
APPEALS FROM JUSTICES OF THE PEACE.
Representative Jols has introduced al
act to provide for appeals from justices o
the peace in cases Of tenants holding over
forcible entry and detainer. 1t is US fol
. lows:
, Sec /. That appeals shall be allowed from
all judgments rendered and entered by JUS
tlces Of the peace under and by virtue OF an
, proceedings under chapter iOl OF the REVISE ,y
Code of 1859, as amended and published in 1877
and 1913, to the superior court OF the count
! | wherein said cause was originally tried: SAL
appe ls shall be taken, prosecuted, heard an
determined in the same manner and subject
n all the provisions of appeals provided Tor IRON
! judgments Of Justices OF the peace by chapte
e ~ of i'd Revised Code OF 1859, as amended i
I 1874 and 1893: provided, however, that said az
G peal shall be tried nj the first term OF tho sal
superior court meeting after enid appeal ha
+ been taken, and 1t snail have priority In RICH
OF trial in said superior court over all othe
4, causes therein except appeal from the reglste
I of Wills or issues sent TO the superior court
9 such register of Wills. -
ANOTHER COURT sTENoGRAPHER
a Representative Ball has introduced q
q act authorizing the appointment OF
!. stenographer for the court OF chancery
. 1t provides that the appointment snail
4 made by the Chancellor; that the al
i pointee shall give bond in the penal SUI
q of 81 900, and that the compensation G
a the position shall not exceed 81 900 pc
;. annuu, payable quarterly.
d DELAWARE TRACTION CO.
# Representative Reyhold has introduce
all act to incorporate the Delaware Ira
1t ton Co. Its incorporators are Henry
ID Scott Sylvester d. Townsend and llarla
N q. Scott, and its capital stock is not to
ID less than $4,000. 1t desires authority
lie buy, sell and lease cable or street railway
re and deal generally in such railways an
t, rolling stock, together with the right
Mt privileges and franchises pertalnii
Ia thereto, and to operate the same wit
e. horses, cables or any desirable system {
ed electric traction, to transact any aud a
r. business of whatever nature that may |
connected Herewith and incidents
lie thereto, to subscribe for purchase, owl
as hold and sell stocks, bonds and securiti
rs of other corporations and to buy, sell, oN
d, and deal in any real or personal proper
We necessary for the proper promotion of
g business and the proper manageme
mt thereof also the power to borrow mont
in such sums and at such times, and {
lis such terms, as it may deem necessary f
he the proper transaction of the busine
re- hereby authorized, and to issue and d
d. pose of its bonds or other evidences of j
i.tA Far ,Nsn -
IN borrowed, aud to mortgage its corpora
to property and franchises to secure the p;.
ny ment of any indebtedness contracted, al
ay power to receive for payment for any su
he scription to its capital stock, any proper
las necessary or convenient for its buslne
zee at such prices as may be agreed upon
al tween the owners thereof andthe dlrectt
of this corporation; also power to gti
autee the bonds of other corporations
individuals OH such terms us its directt
Is- may agree. and any street railway co
m. ! pariv may by Il vote OF the majority
The shares of its capital stock, at any q
~, nual meeting, or At any special meeting,
sn which due notice has been given, accol
~ ing to its charter and bylaws, sell or lei
rs rs its property and franchises to the co
~ pany created by this act. The princil
i ~, office is to be in Wilmington. .-.
iii TO ne snoRS or A PRIVILEGE.
lie Representative Pyle has introduced
M. act to amend chapter dSL Vol. WI
Laws of Delaware. 1t strikes the v
out mington Trust Safe Deposit Insurance
on from the list of corporations VIII
oh. charters have been amended by strikl
Of out all words comferiug any power, ri
Of or authority to guarantee against def
IND any conveyance OF real estate or Il
on mortgage or other title whatsoever 10
the estate.
led CONCERNING ExEcurio. AND ATrAcuME
as u,,,roso,tetiv. 1lrnrvn inns introduced
ing ~, ~ II, ,,,n,,I ri,,,,tsr III Revised Code