The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1899-05-06
CAN LAY
GAS PIPES.
Chancellor NichOl son De-
cideS that the Com
pany Has the Right.

The Oxy Hydrogen Company Of Della
ware, OF which John Edward Addicks Is
president. has won the famous injunction
suit instituted against 1t by The Street and
Sewer Department. eight years ago. The
question involved was the right OF the
company to open the streets of the city for
the laying OF pipes for the carrying OF IL
Illuminating gas This question has been
decided II favor Of tho company and il 1t
were not for the probable fact that the
oomplainants will carry the sait to the
Supreme Court, t4erw1ek OF the company
would be begun lfsfIediately. 2
The decision was announced by Cham
ceilor Nicholson this morning. He re.
viewed the case fully and his citations of
law on points raised by the defendant COM
pany, aud his clear and forcible opinions
In their favor can not help be sustained by
the higher cour6. The victory for the Oxy
Hydrogen Company will therefore be the
more pl onouucod.
The suit was instituted on April 2, 1891,
by Joseph l.. Carpenter, Samuel Chambers
and J.Newlin Gawthrop who then com
prised the street and Sewer Department
Previously the company through its attorn
eys had applied for permission to open the
street, OF the city for the purpose before
mentioned. Strenuous objsctlon was
brought to bear against the company in
the matter, as q consequence the street and
Sewer Department refused tho Company
the desired permit
On March 81 Of the same year the COM
pany filed notice with the department. that
1t proposed to begin the work Of opening
the streets for the purposes contained in
Its charter, and accordingly began tho
work Of opening Liberty street on that
day. Two days later April 2n1 the de-
partment obtained the in Junction. and
while the case pended. there was Of course
no work done on the street.
In the bill OF particulars filod by tho
Street and Sewer Department against the
Oxy Hydrogen Company it wns alleged
that the company was invalid and that
1T had not the right to open the streets of
the city because Of tho expiration of its
charter.
In the subseqent arguments before the
Court .he Oxy Hydrogen company con.
tended that it was regularly organized
company and that tits charter had not ex-
pred 1t was corporation for public i'm
provement and as such possessed u perps-
tual charter This question as before sta
ted, was the principal one involved. The
colnplainants contendea that the company
was not valid ono and they therefore had
not considered the company party to tho
suit.
But the opinion of the Chancellor this
morning sustains tho contention of tho
defendant company. 1t also orders that
tho complainants SO amend their bill as
TO mako tho company aparty to the suit
This must be done by June l, but 1T is
strongly probably that tho complainant
will not comply with the order but will
carry tho case to tho supreme court on an
appeal from the Chancellor's decision.
10 amend their particulars rs ordered
by the court would be to acknowledge
that the company ia legally organized
enc for public improvement and conso-
quently doing business under perpetual
charter and therefore entitled to the priv
ileges specified in the charter. This of
course on the part OF the compliments
would be q comple'e surrender at this
stage of tho proceeding.
They OF course will not DO enumerated
at this time but will carry tho case to the
supreme court, which tribunal many law
yers say cannot do otherwise than sustain
the opinion OF the Chancellor.
The credit of the Brilliant victory for the
Oxy Hydrogan company is due to H. II.
Ward of this city and G. Burkoly Taylor
of Philadelphia. William S Hills, Lewis
{. Vandegrift and Arthur W. Spruance
Represented the S,rcet and Sewer Depart
mcnt The opinion of tho court has CATS
ed much favorable comment. Everywhere
it was discus, I'D. Lawyers. in particular,
were impressed with its clearnc.s and for
cibleness.
The Oxy Hydrogen Company in 1890
creciod the building ut the foot OF Madison
street for the purpose of manufacturing
gas The action Of the Street and Sewer
acknowledgements the work, however
and the building was unoccuped until
scveral years ago. Although the COM
pany does not expect to inmcd.aiely re-
sumo the work for which it was organized
it will In the event Of tho case being car
riod to the Supreme Court and the present
injunction dissolvent by the court sus-
tanning the decision Of Chancellor Nichol.
son, take up the work. Electric culduits
will also be laid aud Wiimington,ans will
have cheaper gas and electricity than they
now have.