The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1899-09-28
SHALL THE
RULE ISSUE.
General Sessions Court
Hears Lengthy Argu-
ment.

i
rantO to prcsent the Delaware Ele,tri
Railway Company from continuing the
construction Of its line in Kcnt county,
was heard In Superior Court this morn.
Ing. Attorney General White and Henry
R, Ridgely appeared for the State and An
thony Higgins and william s. Hilles tor
tho railway ompany.
Interested counsel got into,a squabble
as to who should open the case. but the
difficulty was settled by counsel for the
company opening the argument. Mr..
Hillos held that the Attorney General was
acting beyond his authority when he asked
for rule against his clisnts.
There exists no statutory law uthorlzinS
him to seek the assistance Of the court to
prevent chartered company from carry
ing ont the provisions Of their charter; on
the other hand there Is constitutional law
against such action. Mr.. Hil!es then read
from Section of the state constitution
which sets out that the General Assembly,
by general law, shall provide for tho rev.
ocation or forfeiture Of all charters and
that such proceeding shall be taken by
the Attorney General In IL manner rs pro-
vided by law. Mr.. Hilles agreed there
was no law by which the Attorney Gen.
eral could act and therefore no basis for
his application. ~.
Mr. Hillss also made 1t appear that Mr..
White was an Interested attorney for the
company which he held Is really the plain
LII In the court but he was satisfied
that the court would not allow the state
officials to use his office in the interest Of
one corporation as against another. MIR.
Hilles also commended that any action a.
gainst hi, clients should be taken In the
county where they are operating
Mr.. Higgins argued along the line laid
down by his colleague
He branded the states attorney as deg
In pursuit of John H, Hawkins, a fox, He
held that the court could not act In the
matter, but that it was within the juris.
diction of the Legislature only to deprive
corporation of It's rights rs was being
undertaken by rival corporation in the
stale.
Mr. Ridgely,admilted that the defense
to his application had caused him consid.
orable surprise. Referring TO the consti-
tutional law quoted by the defense Mr..
Ridgcly admitted its existence, but he
added that tho same constitution provid-
cd hut no law, not in conflict with con-
stitutional law, shall Goa SO because OF the
adoption of new fundamental law He
held that tho old and we'll established law
thnt the state, through tho Attorney Gem
eral, could move to seize back prerOgaIives
that had been misplaced or stolen from 1t
by corporations, was not In conflc5 with
the fundamental low as laid down in the
new constitution.
There application was on that law and
therefore proper one.
Relative to Mr. Hills contention that
the application for the writ should have
been made before the Kent County Court.
Mr.. Ridgoiy argued that the court could
grant II change of venue when client
could not secure fair trial because Of
local predjudice.
Mr.. White snid they were familiar with
tho question of Jurisdiction in the case.
They had brought the action before tho
court of this county to expeditiously dis
pose OF 1t, but If the court held that they
had acted unwisely in SO doing 1t would
mako little difference to them us thoy
were satisfied thoy had jurisdiction in
Kent county where the company concern.
cd Is operating.
The argument continued until the
hour of recess. Tho answer of the court
will DO made this afternoon.
Mr.. Whites object in bringing tho
county was that the frequent terms Of
Superior Court would permit Of little
delay by postponement. Wills In Kent
County there Ia no session from Osgobsr
until April.
A postponement onca secured by the
company wo d therefore moan more than
six months delay. This would cause tho
new company to not only forfeit all los
right Of WY, but TO lose Its bond OF $l0,- =
600, given to the Council of Dover, in
surin the completion of the ontiro route
In six months from The execution Of the
bond.
The new company has now secured oil
the franchises to cities and towns In Ksnt
County, the action of Milford and smyrna
councils yesterday giving them tho use Of
the streets In those municipalities
Andrew Il. Sanborn representing the
plaintiff In the suit Of Lucy Ray vs.. Dla-
mond State Steel Company had Harry
Schuyler appointed as plaintiffs nexu
friend to prosecute the suit.