Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-09-07
THE kent COUNTY TROLLEY
Levy Court Grants the Use of
the Public Roads: ~.
THE OPPOSITION WAS OVtRRULEO
New Company Shows That II
Means Business.
1t WI Bass to Deposit S11,5o0
Contracts Given Out aud work win
SOM be started-Lively Controversy ut
the ruDlic Hearing before the Levy
Court.

before the I.evy Court, yesterday, ended
in right of way over county roads
being given to the Delaware Construc-
ton Co., represented by Attorney
General White and Henry Rigdely, Jr.
The opposition of the Delaware Elec-
tire Railway Co., concern that was
chartered four years ago, proved I'M
awaiting. Public sentiment demands n
rolley road. and the new concern proved
that ii meant business and thus both
obtained the desired privilege.
In his opening argument, Attorney
General White cited his dealings with
John ID. Hawkins, counsel for tine COM
pany chartered four years ago. He read
this charter and an agreement which
Mr. Hawkins had signed, virtually
turning the whole concern over to the
Philadelphia capitalists, Messrs LELAND,
Belmont, Graham, Burnhemer and
Fridenberg, but he afterward refused
to deliver the books of the company
Mr.. White charged that the commence
ment Of work on the road, as claimed
by Hawkins, at tho Woodland Beach
end, was a sham and farce. as he
simply had man place rails obtained
from another company on the proposed
line as pretext TO save the charter.
The point having been raised some
time previous as to whether the Levy
Court had the right to grant the right
of way to any company, for the erection
of an electric line, Mr.. White cited the
law that no company had the right to
erect such line without the consent
of the Levy Courts Of the respective
counties.
Mr.. White, in concluding, asked the
court to adopt the following resolution
That when its charter is completed
and the amount of money required to
| be paid into the State treasury has been
done, the Delaware General Electric
Railway Co, corporation of the State
of Delaware. be and the same is hereby
authorized to lay its track and to propel
its railway cars over the streets and
highways of Kent county, according to
the terms of its charter, subject to the
following provisions:
| THAT said road bed shall be located
| at one extreme OF tho public highway
with the said tracks within two feet Of
said limit and shall not occupy more
| than 10 feet of said public highway.
| The said road beds and tracks shall
continue on the same side of said
public highway throughout its length,
except as may be hereafter provided by
the said Levy Court.
"All turnouts shall be so constructed
as to occupy as small position of the
driveway of said highway, as possible
and shall be SO planked or otherwise
constructed as to make q smooth sur
face, suitable for use of common road
vehicles and with surface of said
highway. Where other public highways
or private roadways are crossed by said
tracks the said tracks shall be so con.
structed as to make a continuous
smooth driveway over said tracks the
full width of tho said public or private
road.
1.-THE bridges to he so constructed OIL
extended for the use of said railway
company shall be constructed indie
pendent OF the county bridges where
said county bridges are greater than II
feet span. The said company sha
keep its own railroad in good repaii
and two feet on the side thereof mex
to the driveway. Said roadbed shall
be so CONSTRUCTED as not to prevent tn,
free flow of water from the surface o
said public highways. The ties com
posing the roadbed of said company
shall be imbeded in the ground so tina
their upper surface shall be at grad
with the surface of the driveway o
said highway. The poles of the com
, pany shall be set on the extreme sid
limits of said public highway.
Where said railway is constructe,
| along a public causeway, said railway
shall be so constructed as to leave
safe roadway for teams OF at least
feet upon that Fart of the causewa
, already constructed and the said com
+, pany shall be and they are hereby re
quired to provide and maintain at til
a approach of any public causeway whic
they may occupy with their raiwa
tracks, some system of signals whereof
:, travellers may be informed as r I
!, whether car or cars of said company
!, on or approaching said causeway.
= THAT the foregoing privileges ar
Z hereby granted to said Delaware Ger
= eral Electric Railway Go. upon the %
press condition that the surveys of sal
% railway shall be completed within q
i days from this date and that said raj
: way shall be completed within one yea
= from the date thereof" NAH H..
% John ID. Hawkins then explained hi
side of the affair. He contradicted MI
Whites statements and charged tha
the latter had written a letter to SON
d member of his company agreeing to az
' as counsel for him.
Il Mr.. Hawkins and Mr.. Belmont
/ tho new company had several tilts Q
}. assertions made by Mr.. Hawkins, OIL
Il of which was that he had never bee
/. rendered any money in the case. Nj
+. Belmont and Mr.. Graham said they ha
1 offered Mr.. Hawkins money in tt
1 presence of Mr.. White. After furtht
Il arguments, by Henry Ridgely, Jr., A
" torney- General White. DIR. Il. w. Coop,
Il of Camden, j. III. Jones and others i
m favor of the new company, the cou
l. went into secret session for over a
hour; motion for postponement WI
lost by . to 3, and then the resolutio
was adopted.
no The new company will be required |
1T next Tuesday TO deposit in Dor,
i bank 1850, being $500 for each mi
]. of the proposed road, 35 miles in al
l. This requirement, it is said, will |
to promptly complied with. Contracts fl
i supplies have been awarded, and acti'
IN operations will soon be under way.
Or Death of Marshall A. j. Springer.