Evening journal., 1899-11-15
JUSTICE LORE
ISSUES ORDER
Restraining Brandywine Springs
Company From Laying Tracks
in the City.
THE ORDER IS TEMPORAR Y
THE REPRESENTATIVES, OF THE
COMPANY MUST APPEAR IN
COURT IN DOVER ON FRIDAY BE-
FORE THE CHANCELLOR.

Upon application of Willard Sauls-
bury, attorney for the Wilmington City
Company, Chief Justice Lore yesterday
afternoon issued a temporary order re-
straining the Wilmington and Brandy
wine Springs Company from laying
tracks In this city.
As soon as Mr.. Salisbury learned of
the action of the Street and Sewer Di-
rectors yesterday he Immediately pre-
pared injunction papers and hurried off
to Dover on the 2.35 o'clock train in
order to present them to Chancellor
Nicholson. Upon his arrival in the
state capital, however, he found that
the chancellor was absent
Mr.. Salisbury then presented the pa
pers to Chief Justice Lore, who is sit
ting in court in Dover, and who has
power to act in such cases during the
absence OF the chancellor.
The chief justice issued the following
And now to wit, this fourteenth day
of November, A. D., 1899, the foregoing
bill having been read and considered,
it is ordered by the chief justice, in the
absence of the chancellor from the
state, that a rule do issue directed to
the Wilmington and Brandywine
Springs Company, commanding them
to show cause, if any they have, why
preliminary injunction should not be
granted returnable before the chan
cellor at Dover on Friday, the sew
enteenth day of November, A. D., 1899
and that in the meantime the Whining
ton and Brandywine Springs Railway
Company, its successors, officers, en-
ployes, contractors, agents, deputies
and attorneys shall be restrained and
strictly enjoined from locat-
in9 constructing and operating
a. maintaining city rail-
within the city limits of the city
Cf " mington from cutting, tearing
up or removing the tracks of the Will
mngton City Railway Company, or any
portion thereof, and from hindering or
delaying the operation of the cars over
the lines of the Wilmington City Rail-
way Company, and from interfering
with, cutting or removing the trolley
wires of any portion thereof of the
Wilmington City Railway Company,
and from operating or attempting to
operate their railway except in ac-
cordance with the terms of the contract
made between the two companies above
named, and dated the 10th day of May,
the chancellor"
The order requires the Brandywine
Springs Company to appear before
Chancellor Nicholson in this city on
Friday next to show cause why per-
manent Injunction should not be is
sued.
State Treasurer Ball. treasurer Of the
Brandywine Springs Company, was in
Dover yesterday on business, and Mr..
Salisbury Immediately served the pa
pers on him. The petition filed by Mr..
Salisbury set forth that the Whining
ton City Railway Company is a legal
corporation of the State of Delaware:
that the company is now operating un-
der its charter nearly thirty miles OF
street railway in Wilmington; that for
nearly twenty years the company could
not pay dividends to its stockholders;
that it. was the third street railway
company in the country, it is believed
to adopt the trolley system, which il
did to give the people good service and
cheap and convenient method Of trans
portation; that it has adopted electric.
ity because it is the only power which
could be conveniently used on the
steep grades; that it has assisted anC
benefited city Improvements; that il
has rapidly extended its lines for thu
accommodation of the people
that the company has beer
refused permission to extend il
lines.
The third section takes up the sub
ject of exclusive right to build railwa,
lines in the city, and holds that unde
the charter Of the company such exclu
sive right was given; that this charte
is a contract and is inviolable unde
the Constitution of the United States
and cannot become impaired by an
attempted grant of like privileges I
Others either by the state or any othe
subordinate governmental agencies; tina
the exclusive right was given to tn
company as an inducement to it t
build a street railway line in 1864, ,whe
it was manifest that the road would b
Improbable for years to come on az
count of the small population of tn
city; that the building of other line
across the lines of this company woul
cause inconvenience and danger; thf
If the income from the road had to
divided with any other line the r,
ceipts Of the company would be grea
ly diminished and irreparable injuI
done to the company; that the Wi
mlngton City Railway Company e.
tended its lines to meet the lines of II
Brandywine Springs Company, and el
tered into a traffic agreement with Il
company.
The petition takes up the variol
acts concerning the Wilmington al
Brandywine Springs Company al
holds that all have become nun al
void by reason OF the Wilmington al
Brandywine Springs Company havil
failed to comply with the conditio
imposed by the Legislature in buildil
and operating the lines for which DC
mission was given; that unaer Z
traffic agreement, the Wilmington al
Brandywine Springs Company acre
to make no attempt to extend its lin
into the city of Wilmington for
period of twenty-five years. which {
nirn on AInu 10 1oa1. lI,nt Al. c.