Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-08-19

In the absence OF Director William
A. Pratt, who is in the gold regions to
execute commission for the Yukon
Mining and Transportation Co., aud Of
Director William Simmons, the funeral
OF whose father was held on Monday.
Director Ayers s. Webster was the only
member of the Board of Street and
Sewer Directors present at the weekly
nesting OF that hody Tuesday. Sec. |
rotary Harvey j. Wiley was In his place |
and Street Commissioner McOloskey |
and Engineers Wilson and llatton were |
also at the board table. William S. |
Hilles was present as attorney for thB |
4 Wilmington g. Brandywine Springs |
Railway Go. to see what action the
board might take upon the PROPOSED
Srouditiops under which the company
would be allowed to enter the city
along Sixth street. Mr.. Hilles occu-
pied time in the early part OF the meet
IA log in reading trade journal, hut be-
came more Interested in the business
81 upon the reading OF communication
4 from the Wilmington City Railway CO.,
NJ which Mr.. Webster had handed to the
'secretary. This communication was
addressed to the board and was as fol.
' lows:
"Gentlemen: This company most
s earnestly protests against and opposes
the granting Of your consent to the
Wilmington u Brandywine Spi iugs
Railway Co. to locate, construct,
operate or maintain city or street
railway within the limits OF tho city Of
Wilmington.
1.-The company asking your consent
has not as we believe complied with
it's charter requirements to justify its
request, and the act under color OF
which your consent is asked is null
lily, unconstitutional and void.
Your consent, IL given, will only
provoke and produce litigation IL an
effort shall DO made to take advantage
of ii, and may render the city latle In
damages for aiding such an enterprise
TO the injury Of tais company.
1--WE are always ready, HI We have
practically demonstrated In the case OF
one suburban road, to arrange on
just aud reasonable basis with sub
urban companies for terminal facilities
in this city. but we must resist to the
utmost any attempt to iniure this COM
pany'H business, Lessen its efficient SER
vice, or violate or impair it's legal
rights by the construction OF parallel
and competing lines.
'Such construction even it legal
would only iniure and render lesH
BluClbub lUb DENHput VI SAtg
passenger transportation.
In the future as In the past We
shall hope to provide for all the DeedB
OF the city in the way Of street railway
service TO the eStont OF our ability, and
should the city government at any
time incline to the opinion that new
line or extension is anywhere desirable.
the management OF this company will
take pleasure 10 comforting with you on
the subject.
1--WE are constantly in receipt of the
most finttering testimonials to the high
efficiency OF pur street railway system
here, and our desire is to keep it at it's
present high standard with such i'm.
provsmsnts as are found possible, and
we sincerely hope that no uniriendly
disposition may be manifested towards
this company which may tend to de-
stroy the pleasant relations that have
heretofore exiHted between the city gov
eminent and ourselves.
Yours very truly,
"The Wilmington City Railway Co.,
"by Preston Lea, President. ~
Then the following communications
from City Solicitor Conrad was read
"Gentleraen The enclosed resou
tiops. whereby it is intended 10 gran
certain rights and privileges TO thC
DThHtyWluo
Railway Co. have been examined by
4 me as requested by your honorable
body, aud return them herewith.
1.-THE resolutions substantially cove
y. the terms and conditions prescribed b.
A the charter of the company, as amended
NAby the supplement pissed in 1885; an,
unless additional provisions are though
necessary by yonr honorable body, woult
generally protect the interests of tb
city. 1t occurs to mo that in tn
Seventh section OF the resolutions j
nhould be stated IN plain terms tina
Bald railway company must indemnif.
tself and save harmless the city o
Wilmington from and against all dam
ages arising by reason Of auy litigation
N, as we'll as from other causes, as | an
this day in receipt OF copy of com
munication from tins president of tn
l33 Wilmington City Railway Co., nd
dressed to your body, wherein it is in
timated that il your body should gran
the authority requested in the enclose
resolutions 1t might precipitate a lon
and expensive litigation from who
the city directly or indirectly might b
&| the loser. This indemnity ought to b
10 the shane Of a substantial bond wit
,8 the penal sum large enough to cover a
contingencies. Awaiting your furthe
tN instructions iD the matter, / remain,
' Every respectfully,
III Henry G. Conrad,
PA "City Solicitor. !"
Isl The proposed agreement between til
& new company and the department wa
~ returned by Mr.. Conrad without alter
tIon. Mr.. Webster announced that II
matter would have to be laid over unit
"A they could look into the matter OF lit
cation.
Mr.. Hiles took the floor hare and y:
pressed gladness at sealing the old con
pany coming out under tbs signature
81 its president. lie declared that b
II people are ready TO gu to work. ar
from the assurance he had gotten fro
the department, he had told them to |
ahead. Tie understood that the Co
ii tracts have been signed. As to the a
guments in the city railway letter
declared that the sans had been ua
before tho Legislature for years. As
tho copstitutionality of the act that
for the courts to decide and not 4
"A Street and Sewer Department. ]
Il called the city railway compnny'e I'M
nation concerning damage, thret
and held il to bv unnecessary to requi
bond to indemnify the city from
suit by the city railway company.
TO indemuifying the city from damag
he agreed to that.
Il