Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-09-16

We print to-day-in accordance with |
the well-known course of The Gazette
to give hearing 10 both sides in every
controversy involving matter of public
policy--a communication from one OF
thu chief hackers OF the Wilmington &
Brandywine Springs Railway Company.
The company has applied to tho Street
and Sewer Department for permission
to use certain streets in this city for
its railway tracks, and the application
is resisted by the Wilmington City
Railway Company, on the ground that
the Legislature gave to tho latter cor
poration the exclusive right TO use tho
streets of Wilmington for railway pur-
poses.
Whatever may be the merits of this
contention, The Gazette has advised,
and is still Of the opinion, that tho
authorities of tho city of Wilmington
have no right to involve the munich
pality in costly litigation over the mat
ter. The issue is ono for ihe contend
ing parties to fight out in the courts,
and the city should not be made party
to it in any manner. And when 1t
shall have been iudically determined,
the city authorities may take action on
the pending application.
No matter how ii may be objected to,
it is fact, as was shown by extracts
from the law recently printed in The
Gazette, that tho Legislature granted
TO ihe Wilmington City Railway Com
rany perpetual charter, and among
other things contained in the churtsr
ia grant of the exclusive privilege of
constructing, maintaining and operat-
ing " line of railway upon the streetn
of Wilmington. The language of the
law is plain, and therefore it is inuum
bent upon any other corporation seek
ing street privileges for railway pur-
poses to invoke the construction of the
court upon this point. 1t is not the
city's duty to do this, unless the as
sumption by the original company of
exclusive jurisdiction shall run counter
to the jurisdiction of the city authori-
tics 10 the exercise of their public
duties, which thus far has not been the
case.
Another feature involved in the con-
troversy is that the Brandywine Springs
Railway Company has not yet COM
piled with the provisions of its own
charter which regulate the granting OF
the street privileges it is now asking
for. The law defines the route Of the
proposed new road, beginning al
Brandywine Springs and extending Il
the city limits, and then specifically
provides that when the company "shal
have completely built and constructed
its line, beginning its construction al
Brandywine Springs and extending
towards Wilmington, &C., it may &C
upon certain streets of this city upor
obtaining the consent of the authorl.
ties. But, whether the object OF the
law was 10 delay the project or not, thif
provision 10 plain and positive, api il
would seem to the average lay man thai
the company must first build its lint
, from Brandywine Springs to the city
limits before it can even make applica
, ion to tho authorities for permission tc
| extend its tracks over the streets of thiI
city.
Possibly this ia another matter tina
, will require a judicial determination tt
make clear the rights of tho Brandy
wins Springs Company under its char
/: ter But these court questions aie no
: tho province of the city authorities Il
, present. They have no right to involv'
3 the people in costly litigation in orde
: to determine the relative value of tn
2 conflicting franchises d two railwa
! corporations. Let ihc two companie
q engage 10 thia contest and conduct !
! 10 a conclusion.