Evening journal., 1895-05-03
ROASTING" TIE RAILWAY.
WILMINGTON CITY RAILWAY COM
PANY UNDER FIRE.

mains In Committed.
STAFF Correspondence Evening journal
DOVER. May 8. The Wilmington Olty
Rail say Company is now getting 1t from
all sides The unkinuest cut Of all was
delivered In the House yesterday by
Representative Ball, who not 3nlv AT
tucked 1t, but also the House Committee
on Private Corporations Shortly before
noon be let bis bolt ty from clear sky.
he arose and said
Mr. Speaker--"I desire to call from the
committee to which IL was referred the
act relating to the Wilmington City
Railway Company. 1t seems to me that
this House should act upon this bill An d
pass IT, Why the committee has not
reported it am unable to tell, but feel.
that 1t is due TO our constituents that
every member of this General Assembly
should be placed upon record upon 4
subject where private ereed sfeks to
trespass upon public rights
1T Is unnecessary for me tell any
member Of this General Assembly that
the act Of 1884. Incorporating the
Wilmington City Railway Company.
contains a clause according to that
company the exclusive right of
conducting the business Of transporting
passengers in cars run upon the streets
OF the city of Wilmington. for no sooner
Is any legislation proposed In either
house looking to the proc clrement for the
public Of the transportation facilities
which they desire, bnt which the exist
Ing company is unwilling to furnish, than
every member of this General Assembly
is buttonholed by the legion of lobbyists
In the pay Of this monopoly who Ia tuin
endeavor to impress upon each of us that
the Wilmington City Railway Company
has the exclusive right of irAnsactinQ
the street railway business Within the
city OF Wilmington.
sMr. Speaker, In the bill of rights
which precedes the first article of the
constitution Of the State of Delaware 1t
Is de 9 arsd that all men have the right OF
attaining objscts suitable to their
condition without irjnry by one to
another. Can it be said thai the granting
Of a monopoly to corporation is an
exercise of benefit without injury to
others2 I Is we'll recogniz d principle
that any monopoly Is contrary 60 public
policy Especially is this so when, as In
the present case, It's effects are SO far
reaching as to extend far beyond the
limits within which 1t was ever intended
TO exist 1t Is q fact that for several
years past the residents of the hundreds
adj scent to Wilmington have been
anxious aud ready TO construct lines Of
electric rail way from their respective
borders into the city Of Wilmington, but
have been prevented doing so by the
persistency with which the claim has
oeen pressed that the Wilmington City
Railway Company has the exclusive
right to run cars within the city of
Wilmington
Conservative capital cannot be secured
Tor Investment railway projects that
have their terminus at the imaginary
line that Is the boundary between city
and country Snch roads are not profitable
in operation, for Il ia into or from the
city that passengers desire to be carried
not to its boundary line-nor is capital
disposed to construct railways to a
terminus where it will be at the mercy
Of some other company. believe, and
my belief is coinclded Id BY those learned
in the law, that the Legislature Of 1864
la attempting to grant an exclu i've
franchise to the Wilmington City Rail-
way Company exceeded It's DO wers. Since
the granting OF the charter of the Wi.
mington City Railway Company there
have been fifteen sessions Of the General
Assembly, and at seven of which there
was direct legislation conferring rp N
various corporations the right Of con =
structing, operating and maintalnibg
street railways within the. city OF VIII.
mington.
The preamble to the bill which wish
brought before this House gives the
details of this legislation. At seven
other sessions of the General Assembly
there was no Legislation of any kind upon
the subject of street railways--so there
has been an unbroken protest by all of
the General Assemblies since 1864 against
the illegal attempt Of the General
Assembly OF that year TO create a city
railway monopoly in the city Of Whining
ton-thus evincing in an unusually
strong manner the bent OF the legislative
mind that the act OF 1854 in its exclusive
feature. was an abuse Of the legislative
power which was invalid for the reason
that it was In violation to the Constitu :
tional Bill OF Rights, trespass upon the
rights Of the public and contrary TO
public policy
I'm the digest of Delaware Reports
may be found the paragraph In relation
to corporations:
CHARTERS OF corporations, excepting
only those which are strictly civil or
municipal, are within the clause Of the
constitution of the United States which
declares that no state shall pass any law
lmpairing the obligation Of contracts
therefore, any act OF legislation which
abridges any power or privilege vested
BY the charter which is material
10 the exercises OF the franchise granted
without the reservation OF the right to
pass such an act without the consent Of
the corporation Is invalid, as impalring
the obligation OF contract
1t will be observed that the learned
judge Is very clear in asserting that any
SGT to which soridgss any power or
privilege vsstd by charter which
Is material without any reservation OF
the light to pass such an act, Is invalid
as impairiug the obli gatlon OF contracts
Under the seventeenth section OF Article
Of the Constitution of the State OF
Delaware, 1t is mandatory upon the
Legislature to reserve In every act of
Incorporation the power Of revocation.
This power was reserved In the eleventh
section of ths act to incorporate the
Wilmington City Railway Company. So.
IS logical sequence Of any act to
revoke the charter OF a corporation
without the reservation Of the