Evening journal., 1896-12-31
SOLICITORS OPINION
Concerning Additional Bond BY
the Delmarvia Company.
THE PROVIsO OF THE CHARTER
WHETHER THEADDITIONAL BOND
CAN BE ACQUIRED DEPENDS
UPON THE PROVISIONS OF THE
CONTRACT AND THE BOND AC-
COMPANYING THE SAME.

CONTRACT AND THE BOND AC-
COMPANYING THE SAME.
City Solicitor Robert G.. Harman has
offered the following opinion concern
ing the giving Of additional bond by
the Delmarvia Telephone Company.
also the present status OF the Cleland
condemnation proceedings:
TO the Board of Directors Of the Street
and Sewer Department:
| Gentlemen: Your letter has been re-
ceiyed. In il you ask as to the giving
of the additional bond by the "Dei-
marvia Telephone Company" and also
as to the present status of the Cleland
condemnation proceedings.
First AS to the giving of an addi-
tional bond on the part of the Del
marvia Telephone Company This
corporation received its charter and its
! corporate franchise by virtue of an
act of the Legislature, passed at Dover
May /, 1895, (See Delaware Laws, vol
ume 20, part 1, page 245). The grant
ing of this charter, however, was sub
ject to this proviso: THAT before en-
tering upon any street, road
the consent Of the authorities hav-
ing jurisdiction thereon shall have first
been obtained, and the same shall be
used and occupied under such rules
and regulations as shall be prescribed
by such authorities The board of di-
rectors of the Street and Sewer Depart
ment, before granting this consent, and
in the exercise of it's right to impose
reasonable rules and regulations re-
quired said corporation to enter into
a certain contract with bond and war
rant OF attorney to confess judgment
thereon with the Mayor and Council
of Wilmington" Whether, therefore,
this additional bond can or cannot be
required, will depend upon the provi-
: sions OF said contract, and the bond
accompanying the same. The condl-
tional part of said bond (for $2O,OOO) is
as follows. THAT the said corporation
shall we'll and truly observe, fulfill and
keep all and singular the covenants
and agreements, etc, as the same are
prescribed and mentioned in the fore
going articles of agreement hereunto
annexed, bearing even date herewith
according to the import true intent ano
meaning of the same
Turning now to said contract, We
find the agreement in regard to this
matter in section 6 on page 3, and in
section ! on page 4 of said contract
, Section 6 reads as follows: THAT d
Z the said corporation will at all times
: fully indemnify, protect and save
>. harmless the "The Mayor and Councl
= Of Wilmington and its successor
! from any and all actions, claims, suits
: damages, charges. costs and expense
= arising from the delay, negligence, un
skillfulness on its part or the part o
its servants, agents or employees, o
; arising from any injury or injuries
+ which may happen to any person o
: persons from or on account OF the con
, struction. maintenance or operation o
. this telephone system etc. It's bon'
of $40. 600. therefore, amply protect
the city in regard to injuries arisinl
as above set forth, and tn
latter part Of said section also reads
and that II will well AM
faithfully comply With all tn
provisions set forth in sec
= ton 127 of said charter Of the city O
- Wilmington. in any manner applyin
+ to telephone wires or telephone com
v panies or corporations
\ Section 127 of said charter requires
"a "In case of the introduction into
# through, under or along the streets q
- the city Of underground
telephone wires, that before said wor
~ shall be begun, there shall be a pay
= mert into the City Treasury Depart
ment or other satisfactory security
given, that the streets shall not b
unnecessarily torn up or Obstructe'
= or kept or left out of repair, or trav'
~ unwarrantedly impeded;" and then,
- language very similar to what is sal
=, in said contract, that a bond sha
~ also be given to indemnify and say
:. harmless the city and all its inhab
!, tants (as to their persons, goods, cha
~ tells. lands and tenements), from los
10 damage, etc, by reason of the layin
of said wires as aforesaid.
If. therefore. an injury arise to an,
one because of the negligence on Il
n part of said corporation. or its autho
lied agents, and especially on "accoul
Of the construction of said telephor
n system. (said constructor" meanin
en- for instance. the digging OF holes
MS said pavement, etc., (section 6, page
he of contract); or If the streets of sa
IL city are unnecessarily torn up or o
IT, structed or kept or left out of repai
wv or travel unwarrantedly impeded"
OF said corporation. or its authorize
re agents-then. i'm any of the above II
stances the said corporation is liabl
on its bond for $4,000, as said bond
expressly made to apply to these abo'
rd mentioned provisions, the language
IL the conditional part of said bond bein
lie as we have already once stated. "th
ON the said corporation shall well aI
he truly keep all and singul
10. the covenants and agreements as q
is same are prescribed and mentioned
ite the foregoing articles Of agleeme
r. hereunto annexed or else said boz
to remain in full force and virtue. 10
these reasons we do not think an ado
tional bond should or can be requir
IN on the part of said corporation.
N Turning now to section ], on page
~. of said contract, we find the followin
as And the same (streets, etc. shall
IN used and occupied under such rules al
= regulations as shall be prescribed
IN the said Street and Sewer Departmel
A. or by the said authorities This clau
is a police regulation, and under 1t Z
said department, acting within reasc
can exercise very broad discretiona
de powers. Thus. for instance. il can S
nd on what streets said corporation sh;
,,Iara SIC roIac and cfrip.r sc s-fraGs