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

The Board OF Directors OF the Street
and Sewer Department gave hearing
Tuesday afternoon to parties interested
in the application of the Wilmington
g. Brandywine Springs Railway Go.
for frHnchise to allow 1t to enter the
city. A large crowd attended the hear
ing which was at times somewhat lively.
The new railway company was repre-.
tsnted by William S. IIiles, attorney,
Warwick Price and J. II. Coates OF
Philadelphia, Richard W. Crook, Repre.
sentative Dempsey and DR. L., III. Ball.
The Wilmington City Railway Go. was
Represented by eX-C City Solicitor Rohert
G.. Hartman in the absence OF Willard
Salisbury, and by Assistant Manager
Harvey B. Vandegrft. City Solicitor
Henry g. Conrad was also present. No |
decision was reached.
At the opening Of the meeting Secre-
tary Wiley read the opinion of City |
solicitor Conrad ON the threu questions
submitted to him by the board, which
was as follows:
Replying to the communication of
your body, under date of September LIST,
regarding application of tho Winning
ton 4 Brandywine Springs Railway 90.
for privileges in the city streets, would
''First. No authority exists in your
body whereby you could grant any
privilege or franchise to use or occupy
the bed OF a gtrert where the same doea
not helons TO tho Mayor and Council
of Wilmington. From tho hest in
formation that | have been able to
obtain the city does not own or control
thu bed of Sixth street between Union
street and Wooolawn avenue.
Second. There seems to be sumo
confusion in the charter OF tho Will
mington d Brandywine Springs Rail
way Co., and the supplements thereto,
as to whether the railway OF the com
pany is hound to strike tho city limits
at the point where it intercepte Union
street. Tho first act Of incorporation
undoubtedly provides that tho railway
shall bs built TO that point. and the
supplement passed 10 1895 merely OK
tsnds tho route of the railway intu the
city OF Wilmington, without any change
Of the route as established by the former
net. The principal of law governing
the INTERPRETATION of acts of the General
Assembly ia that every effort must he
used to make all acts stand. and 1T by
any reasonable construction there can
te reconciled, thu later act will not
operate as repeal of the earlier. On
this rule of construction il seems to
me that the company would have to
hiring it's road to Union street; bur ms
this confusion as to routes is entirely
outside OF the city limits, 1t Ia not
necessary for your hody to pans upon IT..
Third. The charter of the Whining
ton City Railway Go. passed. in 1864
CONTAINS the following provision The
said corporation shall have the eS-
elusive right anu privilege Of locating,
and maintain.
ing city railway in the city limits.
son the other hand 1T is contended
that this provision gives to the oll
company the sole right and control o.
all city railways in this city to the ex-
clusion Of all others and further tha
any legislation which interferea will
this exclusive privilege is unconHti
tutiopal on the general ground that y
impairA tho obligations of an existing
contract. On the other hand the CLAIM
is made that the exclusive nriyileg
can only extend to city railways a
known and understood at the time I'll
cbartor was granted. The only motiy'
power in uss in 1864 on street railway
was horsepower. Since that time not
cables and electricity have been intro
duced, and tho interesting questlo
arisea as to whether this exclusiv
privilege extended TO these newer mode
OF locomotion. The whole question a
to exclusive privileges is an intricat
nns and it has been argued with niue
ability before many tribunals in tbi
country and as 10 usually the case
legal matters th6 courts have decide
in different ways under varying Gil
cumstances.
"You will rocall in my communica
ton of August l7th | suggested tina
the resolutions emhodying the priv
leges and franchises requested by tn
Wilmington & Brandywnr Spring
Railway 90. were generally and j
proper legal shape and the only Nc
citional provision that | suggested WI
that an indemnifying hond, wherein
the city would he saved harmless fro
any litigation or from any other caua'
The legal questions that have stint
been injected into the case are Il
grave and too important TO be dete
mined or even passed upon by eith
YOU or me in our official capacity. o.
opinuna would not settle them. The
are legal matters to be settled and d
iermined by court and TO such
tribunal they should be and douhtle
will be taken by the parties in interes
"The General Assembly IN its wisdo
provided in tho supplement to Il
charter OF LuD NllWluBtun ~ hlhhh
wine Springs Railway Go. that hefo
said company should enter upon a.
streets Of the city of Wilmington 4
consent OF your body should first
y obtained. On such terms and co
ditions as you may impose and requl
DO that the question now before 70
body Ia as tu your Willingness for 7
company to uccupy the streets speciil
in tho supplement to its charter, a.
IL SO on what terms and conditions.
Mr.. Hartman then addressed the boa
in opposition to the granting OF I
franchise. As 10 the question OF 20
elusive right" he said he would pi
over that as il was a question to
determined by the court; although
himself held very decided opinion
IL. On the question Of tho ownership
Sixth street he said that the G
solicitor, who has made a careful scar
states that the city does not own it |
lie declared that it would be impus
BILE for the city to give permission 10
on private property. Should the
partment DO satisfied that it does
own Sixth street and yet granted ?
mission for railway company
occupy it, the department would
doing wrong which SIC, 00O, O0o b'
inhemnifying tho city would not rig
MIR, Hartman also discussed the .
posed discrepancy bstween the origi
charter OF the new company anu
supplement. The charter says that
- hn ms.