Delaware gazette and state journal., 1899-11-16
FIGHT TAKEN TO CHANCERY
The Wilmington City Railway Co. and
The Street and Sewer Department
REQUIRED TO SHOW CAUSE WHY
Company Shall Not be Pre-
vented From Using
THE ROADBEO OF WEST SIXTH STREET

The dissension over m electric road
| flauohise for Sixth street has been
| thrown into the Court of Chancary by
Q suit for an injunction brought by the
| Wilmington d Brandywine Springs
| Railway Co. against the Wilmingto
| City Railway Co., and William Sim
mons, Ayres S. Webster and James q.
| Carter, constituting the board of
directors OF the Street and Sewer De-
rartment. In the absence of Chancellor
| John Il. Nicholson from the State on
Saturday, tho application was maze
10 Chief Justice Charles B. Icre, as
,rovidcd for in tho new State Constitu.
ton, and he signed an oider directing
that u rule be issued to the Winning
ion City Railway Co. and the directors
Of the Street and Sewer Department.
to show cause, if any they have, why a
ueIimlnary injunction should not be
issued, the rule being returnable before
the Chancellor at Dover, on Friday,
November l7th, at l. u. M, and in the
meantime, the company is restrained
aud strictly enioined from laying
tracks, erecting poles and wires and
operating cars on Sixth street, and in
the meantime, also, the department Is
restrained from granting to the Will
mngtoE City 20. permission TO use
Sixth street, until the further order of
the Chancellor,
Service in the case was secured by
Deputy Sheriff Bradley on General
Manager Joseph c. Lugar and Attorney
Willard Salisbury of the Wilmington
City Railway Co., and the three Street
Sewer Directors and City Solicitor
r. Henry g. Conrad.
The bill of complaint is signed by
Robert G. Justis, president of the Will
Mngton X Brandywine Springs Rail
way Go. 1t sets forth that the company
had in operation on or before January
lat, 1898, its line Of railway between
Grandywine Springs and the city OF
Wilmington, and since that time has
continued to operate its road; that by
the supplement- to its charter, the COM
Iany was authorized to build and ex-
tend its railway through and along
tieeGhill avenue to its intersection
with Sixth street; thence along Sixth
70 such point on French or Walnut
ttwcen Fourth and Sixth, as its
directors might determine upon, but
hore entering upon the streets it
should first obtain the consent Of the
authorities in control of tho city
'treets, on such terms and conditions as
iac authorities might impose and re-
gulre,
The hill further says that the COM
lany contemElates and intends TO build
It's line along the route mentioned as
soon as the proper consent shall have
leen lirst obtained, and TO that end has
now pending before the Directors of
the Street and Sewer Department an
appration to obtain such consent.
The orator states that the Whining.
Ion City Railway Co. claims the right
u usc Sixth street, subject to the de-
Iartment's consent and that it has ap-
pied for such permission
Your orator is informed and be.
leves, says the bill, ''that unless re-
strained by this honorable court, tho
SAID tuard of directors will give is
consent e, TO the said the Wilmington
Viiy Railway Go. so to do.
the fact is next recited OF the legis-
ntlve grant to the Brandywine Springs
70 to use Sixth street, and the alega-
llon made that the Wilmington City
0o' lsnot by its charter authorized TO
olefate an electric railway in tho said
street and that if the said tho VIII
Mlngton City Railway Co. shall te
permitted so to do it will be in viola
.loa Of the legislative grant to your
i + also stated that Sixth street is
shl$ ~ feet wide from building line to
tuluing line and only about 20 feet
between curbs, and it you'd he
lEslcal impossibility for both com.
anles to use it, and that for the Will
mReton City Go. to use it would be in
Huiation OF and defeat the will of the
gssiatiyo grant, and in direct viola
Uoh 81 tho charter conferred upon the
pfRRndy,wine Springs Co.
ihe Dill declares also that the Will
Mlnglor City Go. threatens to take
psvsstssion y OF the street for the purposes
:. laylhg Its tracks and erecting poles
a. s@i wires therein, and is in fact Lre,
ta'LIng so to do, in violation of the
"gnts Of the orator.
"a Inc comp plainant prays for an injunc-
non restraining the department from
"ut'ns to the Wilmington City Go.
"a.. N. .isilt To use Sixth street, an in
tgtu'ioh w. 70 restraining the Wilmington
.aE ,aIs 20. from LAYING tracks, erecting
Siv.1 i,yS and wires and operating cars on
,~e,i inSo.. street; aud for preliminary in
,na ,u,actioas u upon both the department
h,u n,,I .he Wilmington City Co. until the
'lsacf ~. order of the Chancellor.
,an aals ! the first time that the Chief
ia li,,ve ~ mas issued restraining order.
Iea .u.. aoes SO by authority of section II
mucie 4, of tho new State Constitu-
",; IDS which is as follows; "The Chief
ipr;ne pSime y shall HAY g power,
tis,,ng inm ( lhe absence of the Chancellor
Ili,, II 'ne state or his temporary disa-
E, NAN, 70 grant restraining orders and
6s G6Ss',,nilhary iniunctions, pursuant to
proyiIss i1les 81 the Court of Chancory
,baiI ,tboiiIiusd' that nothing herein contained
miaaioa, @ na construed to confer general
N.ivlctlon N;ullc over the case. y
Wi"n,i;afd Salisbury, attorney for the
ssn1 ss1'nSton Ssn City Railway Co., was
d psu ", Monday IL he had ANYTHING
ipSs ~ ,a about the injunction proceed.
,ylbile i iie said 1T does not amount to
EiMd;'ng' Ii is only TO delay US in
Lavs La,hg n the road. They will simply
pleasure of paying the costs. I"
Tb. i, Large 0rder tor Cars.