The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1897-08-18
OLD COMPANY PROTESTS
AGAINST THE new.
City Railway Company Does Not Want the
Brandyw Inc Springs Line Here.
WOULD IMPAIR EFFICIENCIES
Street and Sewer Department Receives
Warning That Litigation viii Follow
the Granting Of the Franchise.

7 should tDo sCreeb anu sewer DeparG-
ment gra mt to tho Wilmington and Bran
! dywine Springs Railway Company fran.
chise to enter the city and traverse several
| of Its streets, which will undoubtedly be
done. tho Wilmington City Railway Com
pany will enter into litigation which
will surpass anything of tho kind ever
seen in this state. The old COMPANY y
sounded the warning at tha meeting of
the Street and Sewer Department last
night, when tho franchise matter was laid
before Mr.. Webster the only commissioner
present.
This is tho pr otest from tho old com.
pany:
''ro tho Honorable the Directors of the
Street and Sewer Department, Whining
ton, Delaware:
Gentlemen: This company most earnest
ly protests against and opposes the grant
ing of your consent to the Wilmington
and Brandywine Springs Railway Com.
pany to locate. construct, operate or main
tain city or street railway within tho
limits Of the city of Wilmington.
"Ihe company asking your consent has
not, rs we believo, complied with its char.
ter requirements to justify its request and
the adt under color OF which your consent
is asked Is nulity, unconstitutional and
void.
Your consent, II given, will only pro.
woke and produce litigation If an effort
shall be mate to take advantage of it, and
may render the city liable in damages tor
aiding such IN enterprise to the injury o
this company.
"Wo are always ready, as we have prac.
ticnlly demonstrated III tho case Of ono
suburban road to arrange Oh Just and
reasonable basis with suburban colnpan.
les for terminal facilities in this city but
we must resist to the utmost any attcm pit
to injure this company's business, lcsson
its efficient service, or violate or impair
its legal rights by the construction Of
parable! and competing lines.
''Such construction, even if legal would
only injure and render less ct1ceut the
present system of city passenger trans
portation.
In tho future as in the past, we shall
hope to provide for all tho needs of tho
city in the way of street railway service to
the extent OF our ability, and should tho
city government, at any timc Incline 10
the opinion that II new line of extension
is anywhere desirable, the management Of
this company will take pleasure In con-
ferring with you on the subject.
ave arc constantly in receipt of the
most flattcrins testimonials to tho high
efficiency of our street railway system
here, and our desire is to keep it at its
present hlg standard, with such Improve
ment, as arc found possible, and we sin.
cerely hope that no unfrendly disposition
may be manifested toward this company
which may tend to destroy the pleasant
relations that have heretofore existed be.
tween the city government and ourselves.
"1ours very truly,
'"rhe Wilmington City Railway Company,
"By Preston Lea, President"
Following tho letter tho following let
ter was receieved from City Solicitor Con.
rad:
"To the Honorable, tho Board of Directors
Street and Sewer Department.
Gentlemen: Tho enclosed reso lutions,
whereby tits intondcd to grant certain
rights and privileges to tho Wilm mgton
and Brandywine Springs Railway Com.
pany, havU been examined by me, as re.
questea by your honorable body, and re.
lurn them herowi,h
The resolutions substantially cover the
terms and conditions prescribed by the
charter of the company, as amended by
the supplement passed in 1895; and unless
additional provisions arc thought neceS.
sary by your honorable body, would gem
orally protect tho in orests Of the city. 1t
occuIs to mo that in tho seventh section
of the resolutions it should be stated in
rlaln terms that said railway company
must indemnify and save harmless tho
city Of Wilmington from and against all
b damages arising by reason OF any litiga.
this day in receipt of u copy Of u com
munication from tho president of tho.
Wilmington City Railway Company, I'D.
dressed to your body, wherein it Is init.
mated that II your body shoriu grant tho
authori y requested IN tho enclosed rcso.
lnt!ons 1t might precipitatc a Ions Nd ex-
ponsivc litigation. from which the CITY dl.
reCt!y or indirectly might bo the loser.
This Indemnity ought to DO in tho shape
of a substantial bond with tho penal sum
large enough to covur all contingencies.
Awaiting your further Instructions in the
IIat,rr, romain, Very Respectfully, /;
Henry c. Conrad. City Solicitor"
Then Mr.. Webster informed William s.
'Hilles, who was present that no action
could be taken until This afternoon when
Mr. Simmons would DO present. Mr..
Hil!es then informed Mr. Webster that tho
company had signed all lis contracts and
hoped tho franchise would be granted as
Soon as possible.
All he said about tho City Railway
Company's letter was that tho threat Of
litigation was tho same that had been
usGi whenever a charter was before tho
Legislature to allow u rival company to
orbgatca II limo here. "lt Is u matter to- be
determined by the courts and We nro ready
to moet them there. II there is any quei-
,ion about indemnifying the city against
litigation caused by the idle threat Of tho
company would like to argue the qucs-
tion before the board. We do not object
TO indcmnitying tho city against any loss
by litgation,' were his closing remarks.
The matter will probably be satisfactorily
settled this afternoon.