The sun., 1898-06-18
MUNICIPAL COURT
CASE IS QuASnED
Writ Of Certiorari Against Judge
Balls Court Declared of BY
Upper Court.
RUSY DAY IN SUPERIOR COURT
Wilmington City Railway Given
Right to Condemn Property.
In the Rendering of the Decision
Judge Spruance Dissenrs and Says
that the Application is Indef.
mite and Commission
Should Not BE
Appointed.
RlJSY DAY IN SUPERIOR COURT

lNy o. lnqulSltlon IN the case OF lr. j.
Paul Lukens vs.. the estate OF jeremiah
Mcdaniel, awarded the plaintiff S2sl5n
The plaintiff in the case of J. Thomas
Rearion vs.. John s Geisendorier. was
awarded verdict of so by a second
Nry OF inquisition.
Tine court listened to an argument on
IN application made by Willard >auls-
bury, Jr., for the appointment OF COM
mission to condemn properties for the
right of way between certain points be-
tween the Pennsylvania line and the city
limits under a charter granted to the
Front and Union streets railway in 1871
and amended in the year 1891.
The protesting property owners, Ed,
sin P. williamson. William V. Bond
Josiah Racon, Theo. B. Ssaub, C. H.
Mason and w. B. Mahoney's estate.
we're represented by William 5. HiIles,
Peter L. Cooper. Jr, and J. Ernest
Smith while Willard salisbury appeared
Tor the Railway Company. Nessrs.
Cooper and Hii!es coutendej that the
Front and Union railway company has
ceased to exist, it having been absorbed
N the Wilmington City Company and as
Is nA intended to build a new road a
ailway that does not exist cannot be ex-
tended. That, even the extensions which
were provided for in the original charter
Of the road and its amendments did not
include Brandywine hundred, the terri
ssy in which the properties proposed
No be condemned lie.
Mr.. Salisbury said that il it was
necessary under the charter the company
would build line from Front and Union
1rests - the city line.
Mr.. Hil!es held that under present
conditions it could not do so. a. it had
not the corporation power.
Mr.. Hille> said that if the company
had not the power to build the road or
D. make its extensions. it certainly had
nOs the right to take Tor lis own purposes
private property which it could not Use.
Church street Is already occupied by th,
Wilmington City Railway Company. and
\ = TIE only street which tie Front and
Union streets road can use under IT.
chatter AMI amendments - reach the
northern limits OF the CITY He said
that the company had NJ tile right L.
build the road
Chiet Justice Lore and Judge GIruDb
sXpres>ea ...e opinion that tile statute
made it mandatory upon tie Superior
Court u appoint tie c2mm.ssi -Eeg>. and
that s;ep> 70 prevent tbs Condemnation
al Gllr and mus: X taken .i;er wards
ana u iAr Court ot ChanceEy.
Judge >pruaUce gave a tlissenting
aQu.iun and though, that :ae court
4no5ad know ii thr necessary pre..mi-
nary steps had been taken.
He sslll the application wa. indefinite
and that the court should know some
thlbg about tie roGte To the boundary
Gns. lie did not think the company
sad bropght IL >e.t in 4 position t. ask
bur the appointment; oi 4 cNmulis>i"leT.
Judges Lore and GrGU0 Ar 4 t. their
opinion. and il MAS decided L appoint
commissioners at the aite noon session.
-EoslTt t,gk recess at lis until ) ,. III.
Al the afternoon session t.. ul..i,taT!
csse oi >amue. u. Foro.s and N-.ria {.
Hartman W. the >tate ot le.awa.. va.
taken up. CouH>,-i iJr the plaintiff. ".
L. Silnl!ey and >.altrr AHtIony Hig-
gus appeared before tie court prepared
20 aglle ior wit Ji certiorarl t. Orirg
the ca-. uefore tie superior Court,
The ground on which the wri; va, 70
Be asked for was tha; under the new
constitution tue Municipal Coar had
ben done away with and. therefore
all sentences imposed by it since the con.
sslImion had taaeu attest were aunui'ed
Henry {. Conrad, E~I., and Mediord II.
Calhoun represented the state.
b lore arguments could b. heard on
ihe cas- Mr. C"urad made motion L.
gUrasl the VIII q! :rr1!prari for the io-
Dwlng Ciu-e>:
/ Because as the record shows the
E3aiDr> herein. the defendants below
did not before issuing the writ uf GER
tiorari enter into recngnIzance az the
Mayor and City Council oi the city oi
Wilmington in a penalty and with surety
appnNod by the PrVtiunutary OF this
Gulri and with condition that the said
selators should prosecute said writ with
tSieci or otherwise. thar they will in all
things abide t!.e Judgment OF the NUM-
ciIai Court ot tine city OF Wilmington il
ihey should fail 10 make their plea good
~ she same lie affirmed by this court.
, That no such recognlzance as l. re-
aaIn d by the act upon which this pro-
SEEDING il based, Section -, OF an act Oi
tire General Assembly passed at Dover,
April l3, l>S5, Vol. l., page i2i Of the
LavS OF Delaware was, or is entered
zp1u the d ,cket Di this court succeeding
me entry OF the ceTiorari herein.
3. Beau-. there il fatal defect OF
par1i-- in tbe proceedings.
TIE record shows that Samuel D..
F,xbs--. Maria {. Hartman and James
r.stef were a.. defendants below. ar
arsse-i pn the same warrant at the same
trre and we're all connected and SEN
e4sz-,i In the same cause l.. the NUM-
eiraI court and only two OF the defen-
stams found herein.
yp,n bearing Mr.. Conrad's reasons
sx dpsiring to auash the motion was at
saer granted by the court.
Nr. >lnalley stated after the dismissal
Al the cas-. that l,e would not stop at this
ssiack bu, today would take other steps
m behalf of his clients before the court,
He stated that the main facts in the case
we're not touched and the writ was
mashed on technicalIty.
Estss. Hartman and Porter were
1nd SO apiece some time ago by Judge