Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-09-02
THE CHARTERS OF THE RAILWAYS.

haJ OoHnbuuy VI idg. uDOh 1bo
streets of this city. with the consent
much has been said about the claim of
the Wilmington City Railway Company
to the exclusive right to use the streets
Of the city for railway purposes. Very
little in the line of facts. however. has
been printed, and therefore the follow
ing points, taken directly from tine
volumes OF Delaware Laws, will prove
OF interest;
The act incorporating the Whining
ton City Railway Company was passed
incorporators named in the act were
Thomas Walter, Daniel NJ. Bates, J.
Taylor Gausa, William Tatnal, Francis
Barry, James l.. Dovou, Jr., William
Wharton, Jr., William Candy, James
Bradford, Clement b. Sniyth, Philip
Mcdowell anil Joshua Il. Head. The
provisions under which the company
claims the exclusive right and privilege
to locate railway tracks on the streets
OF this city aro contained in Section Z,
a verbatim copy OF which ia as follows:
Section Z. 1t shall DO the business of
tho said corporation to locate, construct,
operate and maintain city railway for
the carriage OF passengers and freight
for compensation within the city Of
Wilmington, with tho privilege OF also
extending such railway to any place or
places outside OF tho city, not moro
than ak miles distant from tho city
limits. The said corporation shall have
the exclusive right and privilege OF
locating, constructing, operating and
maintaining city railway within the
city limits. The Haid railway shall
commence near the depot Of the Phila-
delphia, Wilmington &c Baltimore Rail
road Company, ana shall thence extend
to the intersection OF Front and Market
street, by the street or streets most di-
rectly leading thereto; thence through
and along Market street to its intersec-
tion with Tenth street; thence through
and along Tonth street and Delaware
avenue to such plnce or places as tins
directors may select either within or
without tho city, not being more than
six miles distant from the city limits.
The railway or any mart Of the same to
be constructed under this section may
be land with either single or double
track or at my tins altered from the
one TO the other, as the directors may
deem eSpedient, and with all sidelings.
turnouts, switched AMI connections
necessary for tho proper working of said
railway; and for locating, constructing,
operating and maintaining the said
railway, the company shall have power
to use and occupy so much Of any
street. avenue, highway or turnpike
within said city as may he necessary !:
and for locating, constructing, operating
ami maintaining any part of said rail.
way outside of the city limits, the com
pany may use ami occupy any public
road OF New Castle county, or. If deemed
eXpedieDt by the directors, may uso and
occupy any land other than a public
roa1, the title to any such land being
| first acquired as hereinafter directed.
Provided, that the gauge of said rail
way shall be five feet two incheH tho
gauge was subsequently, changed by an
amendment and that said railway
shall be conformed us near as may he
to the grades which now or hereafter
may BIO established for any street over
which tho same shall be located; and
provided. also, that the said company
shall be required to keep tha nayements
| in good repair within the rails of their
tracks, and for the distance OF three
feet on each side thereof, and shall not
interfere with the proper and free ac-
/ Gono w hbo nHNti hLh IllbCd
in the said city; and provided, also,
that steam power shall not he used 10
propel the cars OF tho said company,
unless with the consent of the City
Council, and that in order TO prevent
accidents suitable bells shall he attached
to the horses drawing tho cars. The
said railway may cross the track of any
railroad company now incorporated, or
hereafter to be Incorporated, provided.
that it conform to tho Crude OF the
track to be crossed.
Section 8 says that the corporation
shall at any time have full power "a
locate, alter and extend its tracks
through and along any streets, avenues,
highways and turnpikes in tine city oil
Wilmington, provided that the consent
of the Council now Street and Sewer
Department OF the said city shall first
be obtained 10 to do.
Section II says that This charter
shall be perpetual, subject. neyerthe
less, to 10 revoked by the Legislature
ut any time for the misuse or abuse by
the company of tho privileges hureir
granted.
Section of the Brandywine Springs
railway charter, which was passed Apr
| ltlu, lOJ1l luGdlbh bub Iuutb Ol LllD fDut
as follows. beginning at the Brandy
wine Springs, In Mill Creek hundred
New Castle county, thence by suct
route Us the directors may deem mos
desirable, &c the boundary line of thu
city of Wilmington on Union street ;
BY an amendment passed May LIST, 1895
it was provided that the corporation
when II shall have completely bull
and cnnptruntp1 ita lima haoinniu0 n
construction at Brandywino Spring
and building towards Wilmington. il
hereby authorized to build and extenC
its railway from the point at which
such railway interseGits the BOUNDARY
limo OF tho city of Wilmington to
through and along Greenhill avenue (,
its intersection with its intersection
with Sixth street, thence through AM
along Sixth street and to such point oil
French street or Walnut street between
Fourth and Sixth streets as its direc
tors may determine upon, which shal
be tina terminus Of said railway; hu
before entering upon any streets of tn
city of Wilmington consent shall frs
be obtained of the authorities for th
time being having control of tn
streets of the said city on such term
and conditions as they may impose ant
require,
By this it will he seen that the com
many cannot enter upon tho streets u
I the city until it shall have first con
structsd it's line from Brandywin
! Springs to the city limits. This is th
initial requirement., and it is impera
/ tive,
These aro the facts, as shown by law
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