Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-09-30

The Board OF Directors of the Street
and Sewer Department Tuesday de-
cided upon a definite answer 10 tho
application of tho Wilmington &c
Brandywine Syringe Railway Co., for
franchise. to enter the city. The
company's charter defines Sixth street
as it's route across town to French or
Walnut, but the company itself would
lie willing to come in over the VIII
mington City Railway Co.'s line IL
fair traffic arrangement could be made.
As the board does not desire to give up
Sixth street to etreet railway purposes.
it virtually requested the new company
to end savor to make some traffic agrees
ment with the old company whereby
the use Of Sixth street may be avoided.
But should the old company not DO
willing to make fair agreement then
permission is to be granted the new
company to lay its tracks on Sixth
street. 1t must first. however, COM
plete the ROAD to the city limits before
laying tracks in the city.
The following letter which was
formally adopted and signed by the
directors Tuesday night, sets forth the
position Of the department concerning
the desired franchise:
To the President and Board Of Directors of
the Brandywine Springs Railway Co.,
Wilmington, Del:
Gentlemen The board of directors of this
department feel that when any private cor
pOration asks for franchises covering the
use of the public property, that the matter
should be carefully considered with u view
only as to how il will affect the city in
tercs,s and before such franchises are
granted we should be well satisfied that the
benefit to the public iustiiies giving the
privileges asked. We have tried to be
governed by these principles in considering
your request 10 use certain street OF TINS
city for railway purposes. We feel that ON
general principles it is to the interest of the
city 10 encourage any legitimate enterprise
for furnishing direct and easy means of com
munication between the city and surround
ing country and towns, and give amy neces'
sary facilities for this purpose where the
privileges asked were not out of proportion
TO the benefit to be gained.
On the other hand, we would not consider
II proper for the city to grant franchises to
irresponsible parties who would Use them
for simply speculative purposes or not at
all: or to give privileges where they were
not necessary, or were far beyond the bene-
fits to be derived.
Returning to the special franchise asked
by your company, Wiz, the Use of sixth
street from the CITY line to French or Wal
nut street We felt very reluctant to give
up the use of this street, as we do not be-
lieve, that so far as the city is concerned,
any present necessity exists for street rail-
way on it, and besides. the city has. ut con-
siderable expense, paved part OF it with I'M
proved pavement, aud u railway track
would much impair its use for vehicuar
travel ms, however, you are restricted by
your charter to this street, if satisfied that
il was legitimate enterprise and the use OF
this street was necessary, we feel this might
be yielded under proper restrictions. We
had therefore, the two propositions to con
slider: First, whether the enterprise was d
legitimate one, being conducted in good
faith second If this franchise was neces-
sary, and should be given at this time. We
came to your company for information on
these subjects. IN regard to the first, you
claim that your company I'LL these condi
tions. intends to prosecute the enterprise
and have the means to carry IT. out, and
although you did not inform us as definitely
us we could have wished, on this subject, we
will not urge this further at present. III
regard to the second The statement wa,
made by YOU ON several different occasion.
10 this board. and repeated several times las
Tuesday night, that you did not desire Il
construct your line on Sixth street, that yot
much preferred to make connection witt
the Wilmington City Railway Co. at the city
line, provided tair ana equitable agree
inent could be made with them for carrying
your passengers in the city limits, as thi
would give you the advantage OF reaching
all parts Of the city. instead of only Sixth
street." In reply to the question as TO villa
your negotiations had been with the VIII
inington City Railway Co., you stated tina
mo negotiations whatever had been entere
into with them" that you did not consi1e
that you would have any standing with tn
Wilmington City Railway Co. without hay
ing the right from the city, and that yol
desired TO have the franchise that it nigh
give you the proper standing befsre enter
ing into negotiations with them and that
YOU could make a fair arrangement 20
would not use the franchise. On ben
questioned, this statement i'll nearly til
same terms was made several times, so tha
We could make no mistake in our unde
standing,
The proposition then seems to resolve itse
TO this, that you were asking the board for
franchise that you did not desire to Use, f
the purpose of obtaining better terms frol
another company and IN regard to such
proposition the board desires to say that viii
they would not have felt Justified in putin
any obstacle in the way of a road which d
sired to build into the city, to make a col
nection with distant points, on the 9TH
hand. neither do they believe 1t to be the
province to grant franchises to one couipar
touse against another, unless there was son
extraordinary good reason for it, and til
your company has acted prematurely
asking for this franchise before they ha
by proper negotiation, ascertained ii the
could make fair and equitable arrangeme
with the Wilmington CITY Railway Co. TIL
hoard is in receipt Of u communication fro
the Wilmington City Railway Co, statil
that IL stands ready at all times to enter in
negotiations for fair arrangement.
Under these conditions the board won
say that ii when the Wilmington ~ Brand
WINE springs Railway Co. shall have bu
its road to the city line, AS provided in
charter, they shall not have been able
MAKE fair and reasonable agreement wi
the Wilmington City Railway Co., Taft
proper ncgotiations) for connection IN
Wilmington, as the said Wilmington
Hrahdywlne Springs Railway Co. has sig
board will grant them the right to use Sis
street under the conditions imposed by tn
charter, and those discussed with the boa
AS 10 what shall constitute fair arran
ment, rs the board must necessarily jut
~ regard to the franchise they must u
decide IN regard to whether a fair arran
lnellt could be made or not and would
peet hpth parties to submit the negotiate
t9 mem That they might pass on this.
ln the afternoon a conference Y
held concerning the matter of
FRANCHISE, those present being Str
anu sewer Directors Pratt, Simm,
anu Webster, Richard w. Crook,
L. ii. Ball and Representative Char
y. dempsey OF the Wilmington
hrandywine Springs Railway Co, ;
PRESTON Lea ana Willard Salisbury
the Wilmington City Railway
resident Pratt read a rough draft
Inc letter, the completed copy of VIII
appears above, giving tho nositioI
Tue department on tho subject.
iratt went on to speak Ut tho boar