Evening journal., 1899-11-13

width. and that IL would be a physica
impossibility for the said street to b,
used by the Wilmington City Railway
Company and your orator, and your or,
ator alleges that IL the said Whining
ton City Railway Company shall b,
permitted to use. and shall use. Sixth
street for the tracks, turnouts, poles
wires and cars that it will be in viola.
tion of and will altogether defeat tn,
legislative grant of the use OF Sixth
street to your orator, and will be il
direct violation OF the franchise con.
ferred upon your orator by the Legis.
lature.
That the Wilmington City Railway
Company now threatens TO take posses.
sion of the said street for the purposes
of laying its tracks and erecting poles
and wires thereon, and is, in fact, ac-
tually preparing so to do in violation
of the rights OF your orator.
That your orator is without relief in
the premises save in this honorable
court.
Your orator prays as follows:
That the defendants may respectively
answer this bill OF complaint, answer
under oath or affirmation being ex-
pressly waived.
That the said William Simmons
Ayres S. Webster and James c. Carter
constituting the Board of Directors OF
the Street and Sewer Department, may
be restrained by the Injunction OF this
honorable court from granting to the
said, the Wilmington City Railway
Company, the right to lay its tracks
and to erect its poles and wires in Sixth
90 In fhn nffrr fNf NNf1f,ttprrt.a.
That the said, The Wilmington City
Railway Company, may be restrained
by the injunction of this honorable
court from laying its tracks, erecting
its poles and wires, and operating It's
cars, on said Sixth street.
That a preliminary injunction may
issue TO restrain the said William
Simmons, Ayres S. Webster and James
c. Carter, constituting the Board of Di-
rectors of the Street and Sewer De-
partment as aforesaid. from granting
the said permission to the said the
Wilmington City Railway Company, In
like manner, as above prayed for. undl
the further order of the chancellor. and
also that a preliminary injunction may
issue to restrain the said The vii
mington City Railway Company from
laying its tracks, erecting its poles and
wires, and operating its cars on said
Sixth street until the further order OF
the chancellor
That your orator may have such
other or further relief as the nature of
the case may require.
That a subpoena may issue for the
said, The Wilmington City Railway
Company, William Simmons, Ayres S.
Webster and James G. Carter, as de-
PENDANTS in this cause.
The Wilmington and Brandywine
Springs Railway Company, by
ROBERT c. JUSTlS, President.
The order Of the court is:
And now, to wit, this 11th day of No
vember. A. d. 1899, the foregoing biz
having been read and considered,
1t is ordered and decreed by the chief
Justice, in the absence of the chancel-
lOr from the state, that a rule do ISSUE
directed to the said. The Wilmington
City Railway Company, and the said
William Simmons, Ayres S. Webster
and James c. Carter. constituting the
Board of Directors of the Street and
Sewer Department, commanding them
90 show cause, if any they have, why a
preliminary AnIMnAAlOlf 40 AlN AWl
in the said bill, should not be issued
returnable before the chancellor, al
Dover, on Friday, the 18th day of No
vember. A. d.. at II a. m. A. d.. 1899
and that in the meantime the said The
Wilmington City Railway Company be
restrained and strictly enjoined IRON
laying its tracks, erecting its poles and
wires. and operating its said cars on
said Sixth street.and the said William
Simmons, Ayres S. Webster and Jane.
c. Carter, constituting the Board Of D.
rectors of the Street and Sewer Depar..
ment of the city of Wilmington, be re.
strained from granting to the said
The Wilmington City Railway Com
pany, permission so to do until the fur.
ther order of the chancellor
CHARLES b. LORE, Chief Justice.
The Wilmington City Railway Com.
pany up to this morning had been de
livering. as fast as possible, rails an,
crossties on Union street and eastward
on Sixth street. When the injunction
was served this morning this work wa.
stopped.
The attorneys for both companies
are preparing arguments which they
will make before the chancellor az Do
yer on Friday. when the restraining or
der Is returnable.