Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-07-20
ARGUING OSY-HYOROGEN CASE.
motion for Preliminary ipjuuotlon gal,

Motion for a Preliminary injunction Against
Company ana Addicks BEFORE chancellor.
Chancellor Nicholson heard argument
Thursday in the case of the Mayor and
Council of Wilmington VS.. John Ed
ward Addicks and Oxy- Hydrogen Co.,
upon an application for preliminary
injunction to restrain the defendants
from tearing up the streets Of the city.
In May, the Chancellor had decided
that the Oxy- Hydrogen Co. must be
joined in the suit which had UP to that
time been against individual mem
beers of the company. The city
is represented by William S.
lIilles, Arthur W. Spruance, Lewis @.
Yandegrift and City Solicitor Henry
G. Conrad. The company's solicitors
arc Austin Harrington and II. H. Ward
of this city and G. Berkeley Taylor of
Philadelphia.
At the opening of the argument
Mr.. Hilles drew attention to the
fact that similar affidaVits had been
made by the three members of the
Street and Sewer Department, and read
that of William Simmons, one of the
directors, who had signed the amended
bill of complaint and who stated that
during the last 10 years o persistent
effort has been made by the depart
nent to have the streets of the city
placed and kept in condition fit for
travel and use by the public; that
large sums OF money have been and are
still being expended by the department
acting for the city for that purpose;
that he believes that the threatened
tearing up of the streets by the defend
ants will be in the highest degree
Jotr vi tal tp tba ,ualfo,a and mal
being of tho citizehs of Wilmington, in
that it would subject them to grave
dangers of contracting diseases
Mr.. Simmons swears further 'that it
would seriously interrupt and impede
the use of the public thoroughfares and
streets of the city of Wilmington, and
that for the above reason, as also owing
to the fact that the Oxy-Hydrogen Co.
never made application to this board
until within few weeks last past, and
has never obtained the assent of thi
board as provided by law, this de-
ponent believes and AYERS that the said
Oxy- Hydrogen Co. should not be per-
| mitted to enter upon and tear up the
streets of the city or make excavations
therein for the purpose of laying gas
pipes therein, or for any other purpose
whatever.
Mr.. Taylor, for the defendants, read
their answer to the bill of complaint.
In the course of the answer, they claim
that their charter was q contract with
the State authorizing the company to
enter the streets, which cannot be i'm
paired by any subsequent action either
of the Legislature of Delaware or the
municipality of Wilmington; that a
contract with John Edward Addicks,
to build n gas works and to lay ten
miles of pipe, cannot be impaired by
action of the Legislature or city. The
defendants aver that under the charter
of the company. they have the right to
enter he streets without the permission
of the Street and Sewer Department
| first had for that purpose.
| As to the contract with Mr.. Addicks,
the answer shows that on August 9th,
1880, he, in consideration Of $500, 600 of
per cent bonds and $500, 900 at par of
the common stock of the company,
| offered to build a complete gas works
and lay ten mile of pipe and 500 services
and meters and restore the streets to
good condition. The building of the
| gas holder on Marsh Road is men,
toned, as well as the fact that work
was in progress ON Liberty street at the
| time of the original injunction.
| Counsel for the city argued that the
city's powers over the streets take
precedence over the powers granted the
gas company.
| Argument was concluded about 6
O'Clock Thursday. Decision reserved,
| Postponement was granted in the
case of the Equitable Guarantee and
| Trust Co. VS.. John p. Donahoe, which
involves the copstitutionslity of the
| Adams tax law for the taxation of in
| yestmepts.
The Equitable Guarantee and Trust
4 Co.. trustee under the will of David
G. Wilson, was authorized to sell his
real estate. Edgar Hounsfield, trustee
under the will of Paul Beck, Jr., was
authorized to sell his real estate. Will
lard Hall Porter, receiver of the Steven
son Leather Co., made return Of the
sale of the company's property, which
was confirmed. James F. Flanagan
was appointed trustee under the will of
John Plunkett, deceased, trustee under
deed Of trust Of Michael Clancy.
ORPHANS COURT WORK
In Orphans Court Chancellor Mich
olson appointed the Rev. Enoch X.
Miller guardian OF Mabel A. Sturgeon,
and Evelyn f. Derickson guardian OF
William p, Newton }. and Miriam R.
Derickson.
Annie e. Humphrey elected to take
the provision under the will Of her hus.
band, George ". Humphrey, in lieu Of
her dover.
The Equitable Guarantee and Trust
Co., guardian of Juliette G. Lea, was
authorized to sell certain securities.
Edward Sylvester was appointed
guardian OF Fiore Sylvester.
Tod Sloan Rode the Winner. ~
London, Eng, July 14.-At the frs