The sun., 1898-10-19
THE CITY Hrs No RIGHT
Cannot Remove Railway Tracks
Without Securing PermiS-
sion From Company.
WHERE THEY NOW STAND
Hole in Which the Street and Sewer
Department is Placed by Their
Own ActiOn-.SecOnd Assistant
Engineer Appointed.

of the Wilmington City Railway Com
pany from Spruce street, and the nom
use OF 1.-THE same by the company, was The
subject of an opinion prepared by City So
licitor H. G. Conrad and read at the reg
ular meeting of the Street and Sewer De-
partment last evening.
The Solicitor stated that he had given
the matter careful research. and after an
examination OF the indices of the minutes
of councils for several years was unable TO
find that any authority had been given
by the City Council to occupy Spruce
street.
He assumed that such authority was
given and that it is recorded somewhere
in the minutes, but that the clerk failed to
index it, which accounted for his inability
to find it. He found instances where
authority to occupy other streets had been
given to the railway company and in all
cases it was simply by petition of the
company, which was referred to and
favorably acted upon by the Street Com
mittee and the latter's report adopted.
This seemed to have been done in the
case of Spruce street. The Solicitor says
that this in law would amount to grant
of perpetual right or privilege to the
railway company to use the street for
railway purposes, and, as there is no
reservation in the grant, he did not see
how the city could divert or revoke the
authority granted to the railway COM
pany except by agreement with it.
The city, he said, made vested con-
tract which cannot be impaired by subse-
quent legislation.
The Solicitor stated, further, that he
has examined the law on the subjects of
the non.use and abandonment of tracks
on certain streets, but found nothing in
the decisions of the courts that led him
to believe the department would have
authority to remove the tracks.
If the tracks were placed on the street
without authority from the City Coun-
ellis, he said, they of course could treat
them as a nuisance not being there by
warrant OF law. His belief was that
the department has no right to take up
! the tracks without the company's con-
sent. He suggested that arrangements
be made with the company for the re-
moval of the tracks, conceding to the
company, if necessary, the privilege OF
relaying the track at some future time ii
it SO desires.
Another matter affecting the railway
company was granting to it of the
privilege Of le-laylng the north bound
track on Fourth from Market to Tatnall,
if proper grade stakes are procured.
The secretary reported receipts OF
$522.59 The weekly pay roll was
$537.43. The balance in the boxes OF
the City Treasurer is O,392.37.
Mrs. Edward Greaves was relieved
from sewerage payments already made
for 906 French street. She appeared
before the department and made a state
ment of the matter.
The matter of making sewer connec.
tion with the proposed new high school
to be erected on Delaware avenue, be.
tween Madison and Adams, was brought
up but action deferred. Connection is
proposed to be made from the rear, on
Eleventh street, which is not opened as
yet.
The department had under consider.
alton the appointment of a second as
sistant sewer engineer. Mr.. Bedford, a
graduate of the Delaware College, was
the successful applicant.
The members of the department ex-
pressed their willingness to see CON-
plainants about the change of grade
made on Lincoln street between Penn
sYlvania avenue and Fourteenth street.
Notice was made of resolution to
take the leasing OF the Tatnall street
wharf out OF the provisions of an ordin-
ance for the auctioning off of it, which
passed first and second reading.
A petition was presented by j. h. Car
penter, Jr., to have Tatnall avenue, be-
tween Tenth and Eleventh streets, paved
with fire brick, which was laid over.
Sewer lines were entered upon Clayton
street, between Pennsylvania avenue and
Fourteenth street, and Wollaston street,
between Eighth and Ninth.
The awards Of the Commission of Re-
views in the matter of condemnation for
the opening of Eleventh, Monroe and
Trenton streets were reported.
The entire award was: William T. Por-
ter, $3172.40; Edgar Hounsfeld trustee,
first award, s., 500; second award, 81, $40;
John Craig, $50; William Medholdt, .06;
total amount Of 1895 awards was $S867.
95; 1898, County award to Honnsfield at
$2S1O), $6032. so; difference, $2S35.44.
Bids for having sidewalks on Penn-
sylvania avenue between Scott and Du-
pont, Lincoln between Pennsylvania
avenue and Eleventh, and Scott between
Pennsylvania avenue and Fourteenth
street, as follows Patrick Crumney, 7
cents John A. Connor, st cents;
William Weasey, 8! cents; George Given,
7 cents; j. G. Adams, cents per square
yard. The contract was awarded to John
A. Connor.
| An Omen SvVitch