Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-10-08

The following communication was
read at the meeting OF the Directors
of the Street and Sewer Department
Tuesday evening:
Wilmington, Del, Oct. s., 1896. To
the Board Of Directors Of the Street
and Sewer Department from the City
OF NEUTRALITY-SUSPICIOUS. In April,
1891, the Oxy. Hydrogen Co. OF the
State OF Delaware had constructed at a
very large expense, GAS works 10 the
city OF Wilmington, and was engaged
in laying gas mains for the supply OF the
public. On April I'd, 1891, the Mayor
and Council OF Wilmington, ut the in
stance of your body, filed bill in
Cbancery, praying for an injunction.
against John Edward Addicks, John
6. Baker, Frederick P. Addicls, Simon
B. Condo and Samuel Austin, alleged
officers and employees OF the Oxy-
Hydrogen Co.. 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 q
demurrer to your bill, based upon the
ground that the company had not been
made defendant in the suit. For
technical reasons, this demurrer was,
in November 1893, oyerruled. In
March, 1891, the defendants filed their
plea and supporting answer, and testi-
mony was taken hereunder. On SEN
TENDER l4th, 1894, argument was had
before the Hon. Henry c. johnson,
Chancellor ad litem, upon a single
point, involving the construction OF
statute. For causes wholly unknown
10 the defendants, the Chapcellor ad
Item 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- Hy drogen Co. 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 imperiled by excavations in
the streets, to lay gas mains. That
this was mere preteYt, is shown by
your own acts in excavating the streets
whenever the public convenience re-
quires 1T, by your frequent permissions
to the old gas company and others to
do the same thing whenever their in
forests demand 1t. and to your recent
permission to the Delmarvia Telephone
Co., to lay its conduits in the city
streets.
Not only has the city Of Wilmington,
at your instance, thus uniustly inter
ferred with legitimate business en-
terprise in which many thousands of
dollars had been invested, but 1t has
assumed to levy and collect large
municipal tax upon the land and build
inge, and even upon the gas holder and
machinery OF the company, OF which
you have forbidden the use.
l do not presume that the Board of
Directors of the Street and Sewer De-
partment, or the Mayor and Council
solves to be thus used in the bringing
of this suit, as CATS paws by the VIII
mington Coal Gas Co., without some
legal advice. Passing by for the
moment, the public question of your
right to use the city government and
the public treasury to protect the to-
tereste OF one business establishment
in the city of Wilmington, or to oppress
and prevent all operations of its bust
ness rival, would invite your atten-
tion to thu question of the liability of
the city to suit for damages for such
unwarraDted and illegal Interference
with the business and chartered rights
OF the Oxy- Hydrogen Co. Common
sense and law unite in condemning
such an improper use of governmental
power, either by municipal corpora
ton, or by any department thereof, and
the law affords full remedy to persons
or corporations thus injured. The
longer this litigation Is protracted, the
greater the injury to the company, and
the greater the damages which it can
recover.
In the foregoing criticisms, your
body as a board, not rs individuals,
has only been in view. As matter of
fact, believe the membership of the
board has been nearly, il not wholly
changed, since the suit was brought.
now submit to your board formal
demand that the action above referred
to be at once withdrawn.
The public benefits would be many.
10 the first place, the public alliance
of the municipal corporation Of the
city of Wilmington with the Wilmington
Goal Gas Co. would be ended; secondly,
the right of business rivalry in this
community would not be denied by
your public acts; thirdly, the public
would reap the benefit OF competition
between the old monopolistic gas com
papy and the new company; and,
fourthly, 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 in
lure a community to have money spent
in it for the public benefit. The com
ing winter is likely 10 be full of hard
ships enough for the people OF this
locaity without any further inter
ference by you with legitimate enter
prise, which, il permitted, would in
the coming months spend thousands OF
dollars in wages In this city.
would be glad to appear before you
by counsel at any early date to suit
your convenience, to further consider
the questions proposed in this letter, oil
10 have the counsel of the Oxy-
hydrogen Co. confer with your counsel
on the same matter.
remain, very respectfully yours,
j. Edward Addicks.
President Oxy- Hydrogen Co.
Discussion on the part OF the mem
hers OF tho board followed the reading
OF the communication, after which il
was referred to the city solicitor