The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1896-10-07
Sends a Formal Communication TO
Street and Sewer Directors.
Assv' His Gas WORKS IN this CITY
ntmates That He Will Come on
the City for Damages if He
is Not Allowed TO Oper-
ate His Gas Works,


Mr., Addckss letter was as follows:
Wilmington, Delaware, October 5, 1896.
To the Board of Directors of the Street
and Sewer Department for the City of
Wilmington.
Gentlemen: In April, 1891, the oxy-Hy-
dEogen Company Of the State of Della
ware had constructed at very large ex-
pense. gas works in the city of Whining
ton, and was engaged in laying gas mains
for the supply OF the public, On April 2,
1881, the Mayor and Council of Whining
ton, at the instance of your body, filed a
bill in Chancery, praying for an injunc-
tion, against John Edward Addicks. John
G. Baker. Frederick p. Addicks, Simon B.
Conde and Samuel Austin, alleged officers
and employees Of the Oxy-Hydrogen Com
pany, to restrain the further laying of
gas mains The injunction was obtained
and further operations of the company
were thereby prevented In June 1893
the defendants filed a demurrer to your
BILL based upon the ground that the COM
pany had net been made a defendant in
, the suit. For technical reasons, this
demurrer was, in November 1898, over
ruled. In March, 1894, the defendants
filed their plea and supporting answer,
and testimony was taken hereunder. On
September II, 1894, argument was had
before the Honorable Henry c. Johnson,
chancellor I'D litem upon single point,
involving the construction of statute.
For causes wholly unknown to the de-
PENDANTS, the chancellor ad litem has not
handed down his decision, although the
point was argued before him over two
years ago.
One Of the principal charges in your
bill was that the Oxy-Hydrogen Company
had never been. organized, and so had no
right to act under its charter. The proof
upon this point was taken in the cause,
and showed that the company was fully
and perfectly organized, and that the
statements in your bill On this point were
wholly false.
Another Of the charges in your bill was
that the health of the citizens would be
imperilled by excavations in the streets,
to lay gas mains. That this was a mere
pretext, is shown by your own acts in ex-
cavating the streets whenever the public
convenience requires it, by your frequent
permissions to the old gas company and
others to do the same thing whenever
their interests demand it, and to your
recent permission to the Demarvia Tele-
phone Company, to lay its conduits in
the city streets.
Not only has the city Of Wilmington,
at your instance. thus unjustly interfered
with legitimate business enterprise, in
which many thousands of dollars had been
invested, but 1t has assumed to levy and
collect large municipal tax upon the
land and buildings, and even upon the
gas holder and machinery Of the company,
OF which you have forbidden the use.
do not presume that the Board of Di-
rectors of the Street and Sewer DEPART
ment, or the Mayor and Council of Will
mington have permitted themselves to be
thus used in the bringing of this suit,
as cats paws by the Wilmington Coal
Gas Company, without some legal advice.
Passing by for the moment, the public
question of your right to use the city gov
eminent and the public treasury to pro-
tect the interests Of one business estab-
lishment in the city Of Wilmington, or
to oppress and prevent all operations Of
its business rival, l would invite your
attention to the question of the liability
Of the city 10 suit for damages for such
unwarranted and illegal interference with
the business and chartered rights Of the
Oxy-Hydrogcn Company. Common sense
and law unite in condemning such an
improper use Of governmental power,
either by a municipal corporation, or by
any department thereof, and the law af-
forls a full remedy to persons or corpora
tions thus injured. The longer this lit-
cation is prOtracted, the greater the In
jury to the company, and the greater the
damages which it can recover.
In the foregoing criticisms, your body as
board, not as individuals has only been
in view. AS a matter Of fact, | believe
the membership of the board has been
nearly, if not wholly changed, since the
suit was brought.
now submit to your board a formal de-
mand that the action above referred to
be at once withdrawn.
The public benefits would be many In
the first place, the public alliance of the
municipal corporation of the city of Will
mington with the Wilmington Coal Gas
Company would be ended; secondly, the
right Of business rivalry in this Commu-
nifty would not be denied by your public
acts; thirdly, the public would reap the
benefit Of competition bstween the ol5
monopolistic gas company ana the new
company; and, fourthiy. the labor Of This
city. would, in the laying of gas mains,
and in the other necessary preparations of
the company to do business, have one
more source of employment. 1t cannot
n
in it for the public benefit The coming
winter Is likely to be full of hardships
enough for the people of this locality
without any further interference by you
with a legitimate enterprise; which, ii
permitted, would in the coming months
spend thousands of dollars in wages in
this city.
would be glad to appear before you by
at any early date to suit your
to further consider the ques-
tions proposed in this letter. or TO have
the counsel Of the OXy-Hydrogen Com
pany confer with your counsel on the
same matter.
l remain, very respectfully yours,
]. Edward Adlicks,
President y-Hydrogen Company.
Inc UDdIu lltltlS ltltlItu tht ildltel W
the city solicitor. The case is now in
Mr.. Pratt said he would like to
know the citys liability in the matter.
Mr.. Chambers agreed as the bonds
men of the commissioners might also be
Alvin R. Morrison, of the Delaware Com
struction Company, was present and asked
the board to secure an appointment Of Il
commission to condemn a portion Of the
bed of Seventh street near the works of the
Jackson and Sharp Company, so that the
new bridge over the Drandywne could be
lsed. The property belongs to the Cleland
estate and the company offered to pay the
2Csts of condemnation If the city will de-
post ashes upon the street aud make a
good read over the bridge. Mr.. Morrison
presented the deeds for the remainder of
he street. The deeds we're from the Della
ware Construction Company, L. W. Std
lam G. Son, and j. T. Jordan. The board
lec!led to ask for commission to make
he necessary condemnation
David Lemon. on behalf of other citi-
ems asked that names be placed on streets
80 that strangers might know their loea-
ion.
4 t1.N i AsWA1 1N Nu#Ea