Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-06-16
GORDON HEIGHTS RAILWAY CO.
An Important Decision In Re-
lation to Its Charter.
GIVEN BY GHANCELL OR NICHOLSON
Who Has Granted a Prelimi-
nary Injunction.


In the case OF Edwin P. Williamson
and Nichoas Spiees w. the Gordon
Heights Railway Co, Chancellor
Nicholson granted O preliminary in
junction restraining the railway com.
pany from crossing the property of the
CompiainHnts.
The full text of the opinion is as fol.
lows:
The respondent operates a street rail.
way by electricity under what is known
as the trolley system, from a point near
the boundary line of the city of vii
mington to a point on tue Delaware
River near the Gordon Heights station
on the H., W. a. b. railroad; and for
the purpose of constructing, operating
aud maintaining branch line it pro-
poses to use and occupy tho laDdH of
the complainant situated in New Castle
county, near the City of Wilmington on
hoth sides Of the Wilmington anu Phil
adelphia turnpike road, for right Of
way for the said blRnGn line, first Hc-
quIring the right by regular condemna
tion prDceedings.
The complainant filed hill in equity
April 2Sth. 1898, to restrain the pro-
posed entry upon their lands. Upon
the presentation of complainauts' bill
granted rule TO show cause why the
preliminary injunction prayed for in
said bill should not be granted.
| The respondent has MED its answer
and the questions involved have been
argued by the counsel for tho respec-
| rive parties upon the motion for pre-
liminary Iniunctior. There are no
| questions of fact at Issue, and the de-
cisiun depends entirely upon the con
| structi0n to be placed upon the two
acts of the Legislature from which,
taken together, the respondent derives
all it's franchises including the right to
condsmn and enter upon the landa of
tho complainant.
The original charter Of the respQu-
dent, granted May ID. 1893, heing
chapter 7l3 Vol. MN, Delaware
Laws, authorized 1T to locate and con-
struct its railway from "a point on the
Delaware River at or near the Gordon
Heights station on the p, W. &; b.
railroad to the northerly and northeast.
erly lins Of the City, Of Wilmington, or
to any intermediate point or points
within Brandywine hundred, " II also
pruviued that it might usO and occupy
for a right If way lands other than a
public road the right to use which had
| uENlhlEOh ny CIV lOuu1
or purCha0s, or by condemnation pro
ceedings in tho manner sol forth and
described in the charter.
The chartsr contained also the fol
lowing clause; Provided, however,
that thu construction Of the railway
herein authorized shall be commenced
within six months after the passage o.
this act, and it shall be completed
, equipped and in operation within two
years thereafter, otherwise this &C
shall become void, and all the rights
, privileges and franchises herein granted
shall wholly cease and determine. !
The construction was completed within
the time limited
; The supplement to this charter
, passed May 9th, 1885, being chApte
: 81, Vol. XX., Delaware Laws, is u
followa; "Section /. That the Gordol
J Heights Railway Co. shall be and it i
. hereby authorized to locate, extend
y construct, operate and maintain branc
! line Of railway from any point on it
u present line &C any point selected b.
its board OF dirartors in the DelRwar
and Pennsylvania State line, by sue
= route as said board shall select after
careful survey, and shall have powe
), to increase its capital stock to aucl
: amount, from time to time, as may b
70 determined on by issuing such amount
!, of common or preferred stock, or both
y as may be deemed proper; provided
that said increase of capital stock Hha
- not exceed the sum Of seven hundre
- Thousand dollars; and with respect {
the said branch hereby authorized
70 DO located and constructed the sal
u corporation shall have and exercise a
" | 81 DO t,I I'D ha
iect to all the duties and responsible
y ties which did or shall belong to {
y devnlve upon said corporation with RI
~ spect to the railway originally locateC
constructed and maintained under th
T. provisions OF the act to which this is
y supplement.
10 Ii ia claimed by the complainant thi
~ ~ the last mentioned act from which tt
u respondent seeks TO derive its right [
condemn and enter upon the complain
ants lands has become void and thu
all the rights, privileges and franchise
ed therein granted have wholly ceased an
determined, hecause the branch limo
ne railway for which it provides, was q,
Il completed, equipped and 10 operatic
within two ysars from the date of i
aH enactment, which was May I'd, 1859
tn And they assert that the intent of ii
as Legislature ~ plain that the add
to tional privileges granted to the Gordt
Of Heights Railway Co. by this suppl
lly mentary act must he fully exsrois
within period Of two years frum
OIL passage. Respondent admits that Il
in branch limo of railway has not be
OF completed, within two years from Il
for passage of tine above mentioned act, b
50. denies that the time for CONSTRUCTS
OIL was limited.
pal There is NO rule OF construction me
ng fixed and unyielding than that requ
ny, ing strict construction of grants to &C
tdr porations. Based upon sound consi
tor erations OF public policy and up
ing reasoning which has never been que
rye toned, 1T would be mere waste of wor
yer for me to discuss it at this late date,
ii. to comment upon the many cases cit
by the counsel for Ene complainants
OF support and illustration of the ru
Nv 1t seems to be none too strongly Z
oes pressed by y. j, Black, when he soy
ri, In the construction Of a charter,
tn. be 10 doubt ia to be resolved; and eve
re- resolution which springs from doubt
OF against the corporation. This Ia {
the rule sustained by all the courts in Ii
so. country and in England. -
hly Pennsylvania Railroad Co. VS.. Car
Commissioners, 81 Pa. ST., 49,
decd, the learned counsel for the
. sponuent does not seek to question
MAJ qualify the rule, but in his remarknl
has able und ingenious argument seeks
its show by subtle definition and analy
OF of the words rights and privileg
Y. duties and responsibilities" as used
and the act Of May 9Th, 1893. that they CT
he n iaH Nn sen lad. baf