The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1897-08-31
'BRANDYVINE SPRINGS R r.
The Right to Enter the clty-An Able Ar.
gument for the Same.

pardon a few comments from q "Lookel
On" to the recent article signed Patron
in the Every Evening, Aug. %, headed
"Paralleling City Railway" Patron dis
holder Of the Wilmington City Railway
Co. As to this be knows best. He posi-
bly, Is too humble an employee to have
stock or bonds. 1t Ia Of course difficult to
determine who wrote the copy from which
the type was set, but u careful observer
will see the ear marks from which to come
very close TO tho ARTICLES authorship.
Whether composed by tho head Of the legal
and lobbying department. Ut tho company
o. b. the great Wilmington "Pooh Bah,
the writer will not attempt to determine
Bank President, Trust Co. President,
Milling Co. President, Steam Railroad
Directors, Railway Superin tendont. Park
owner, Amusement dispenser, etc. The
argument rs to the City Railway having
furnished local transportion facilities to
our citizens reminds me OF solflsh little
boy once knew, who having been good
enough TO induce his parents 10 give him u
piece Of candy, nearly cried hts eyes out,
when he found another boy was doing his
level best to bo good his foar being that
tho boy might succeed in being better and
the Conveniences, outlays etc., which the
City Railway have furnished or made, is
nothing but matter Of business, Just
what every store keeper Is doing In order
to secure trade, and the bargain counters,
waiting rooms, etc, are not paraded rs u
reason for municipal interference to pro.
won't the establishment of an additional
dry goods department or grocery store.
am entirely unable to discover any
good reason why ono business man
has done his best to make money and In
,r1a 10 a hoo y ,tn,l J.,
lie, that he thereby acquires any vested
right to prevent another man from also
trying to make money and In doing SO to
put forth his best endeavors to acoommo-
date the public as we'll or bettcr. In the
recent letter to the Street and Sewer De.
partment signed by the president OF the
city railway, much is said about Legisla.
tive exclusive grant and 1t is positively
assertd that the charter Of the Brandy.
wine Springs Co. is unconstitutional, IL.
legal and void. am aware that we have
recently had a new constitution pro-
claimed. with the provisions Of which nm
not as yet as familiar as with those of the
old one. and that 1t made some changes in
the States judicial system, but 1t is only
since reading the letter above referred to
that became aware of the recent Consti-
tutional Convention having appointed the
president OF tho City Railway Company
the final court for determining the consti.
tutionality and legality Of acts Of the
General Assembly.
Previously had presumed that the
function Of passing upon tho legality OF
laws rested with tho Supreme or superior
Courts, but as Pooh Bah has rendered his
decision and entered his decree no must
BIO satisfied rs to his jurisdiction, and
humble souls arc expected to accede to
tho decree OF tho claimant to tho States
highest judicial power. Just what tho
Chancellor, Chief Justice and Associate
Justices may think Of an officer, who, al.
though unlearned In the law, asserts
legal status superior to theirs. 1t will be
interesting to wait and ascertain. AS to
the claim US to exclusive rights, decisions
by the courts by the score can be furnished
holding that contracts in restraint OF
trade are contrary to public policy, and
void
Should the Wilmington City Railway
Company ever appeal to the Supreme or
Superior Courts Of the State to enforce
their claim to exclusive rights (Which is u
form do not believe that they have tho
courage to enter for that pulpose,) feel
well assured that tho next volume Of Dola.
ware reports will contain decision most
etfectually disposing of the exclusive right
claim as scare crow VIII icE has for years
been most industriously used to frighten
the tlmld and impede all improvements
in tho local transportation facilities OF
Wilmington and its vicinity.
Tho Legislature evidently has not much
faith In the claim to exclusive rights, for
in 1877 1t incorporated tho Front and
Union Street Railway Co.. in 1881 extend
ed Its route in tho City of Wilmington;
Brandywine Railway Co, preston Lea
one Of the incorporators); in 1885 re-enact.
ed tho charter Of tho Wilmington and
Brandywide Railway Company; In 1889
Incorporated the Eighth Street Passenger
Railway Co.. in 1891 extended tho route
of the Front and Union Street Railway
Co. ; in 1896 authorizing the Wilmington
and Brandywine Springs Railway Co., to
construct Its line from the Western City
boundary with the consent OF tho authori.
tics having control of the Streets. All Tho
acts were for the construction or extension
of rail ways within the city and were fiat
denial by seven Legislatures of recogui-
ton of any exclusive rights by the Will
City Co.
Two OF these railways viz. the Front
street and Eighth street are now and for
years have been In operation under their
charters of lS77-lSSl-lSS9-lS9l visible do.
NAL of the exclusive right theory.
The public and the company's stock.
holders have q deep interest and ground
for protest in the policy Of tho Whining.
ton City Railway management since 1898
tho public in that it has persistcntly nm.
tagonizcd every effort to enlarge Will
local transportation facilities
except when made by itself and it has only
upon routes having the cream
of passenger trade.
Some of Its lines being in far from desir-
able condition. as sec The Front street limo
and that IL has so far successfully pro-
vented any suburban line from cnlering
the city except tho New Castle one und
has exncted from it a contract that finnn-
cially it had better be without in that
line is rnn~to Eden Park Civ.
ing passes to Its passengers over bho On.
tire system and refusing them to the New
Castle Co.'S passen gers; the exclusion of !
he suburban lines is depriving our store
keepers of a large country trade and is
injurious to the City of Will
mington.
The stockholders have right to COM
plain OF tho expenditure of an enormous
of tho Compnny's money each wear
enough to produce a large addition to the
dividends) for lobbying and tho very many
OUTLAWS (some of them being questonnbe) |
for preventing an alleged competition, but |
in reality steady and persistent fight |
against tho city's progress A recent de- |
cislon b. tho Chancellor ruled that the |
public has an interest in tho city streets |
and the City Railway claims exclusive use |
Of them. The Legislature shows by its |
acts 1t does not believe in tho claim and |
have too much faith in tho Street and |
Sewer Department to believe that 1t will |
yield to the City Railway Company. it's |
claim to u monopoly of the cty's streets
for railroad purposes in the face of the leg
sative grant. public sentiment and tho |
,ity's good, but that it will promptly grant
10 tho Brandywine Springs Company tho
permit it asks for.
In view of tho persistent claim by priv.
ltc corporation to all tho streets IL Is timo |
Tho city asserted itself. Tho regular courts
will pass on the question If they over have |
III opportunity and tho Brandywine |
has offered to give the city full |
indemnity for any any loss that it may sus.
ain. Let us know whether or not tho
Wilmington City Railway owns all tho
streets and can it exclude ovory suburban
'nilway from the city's borders or admit
hem only on terms that will bankrupt
hem; II such is the fact then indeed is
Wilmington fenced in.
Yours truly, A LOCKER ON.
20 Cents Philadelphia and Return, Sunday,
September