Delaware gazette and state journal., 1899-11-16
SPRINGS co. RESTRAINED
Wilmington City Railway Co. Claims Ex.
ClusVle Right 10 Use the Streets.
IN ABSENCE OF THE CHANCELLOR
The Order Was Issued by the
Chief Justice.
RULE MADE RtTuRNABLE TOMORROW


the use of Sixth street to the Whining
ton & Brandywine Springs Co.. Willard
Salisbury, attorney for the Wilmington
City Railway Co., began the prepara-
tion of bill Of complaint, which he
presented to Chief Justice Lore at
Dover, Tuesddy afternoon, Chancellor
Nicholson being absent from the State.
The Chief Justice issued tho following
ordef:
And now to wit, this fourteenth
day CT November, a. y. 1899, the fore
going bill having been read and con
sidered, 1T ia ordered by tho Chief
Justice, in the absence OF the Chancellor
from the State, that rule do issue
directed TO the Wilmington & Brandy
wine Springs Railway CO., command
Ing them to show cause. if any they
have, why II preliminary injunction IS
prayed in said bill should not he granted
retutnab)e before the Chancellor at
Dover on Friday, the seventeenth day
of November, A. ID. 1899, and that in
the meantime the Wilmington &
Brandywihe Springs Railway Co., Its
successors, officers, employees, workmen,
contractors, agents, deputies and at
torneys shall 10 restrained and strictly
cnioined from locating, constructing
and operating and maintaining city
railway within the city limits Of the
city Of Wilmington, from cutting, tear
ing up or removing the tracks of the
Wilmington City Railway Co.. or any
portion thereof, and from hindefing or
delaying the operation Of the cars over
tho lines uf the Wilmington City Rail-
way Co., and from interfering with,
cutting or removing the trolley wires
or any portions thereof, of the Will
lnington City Railway Co., and from
operating or attempting to operate their
railway except in acc6rdance with the
terms of the contract made between the
two companies above named, ard dated
the 10th day Of MAYA. ID. 1893, until
the further order OF tho Chancellor. y
The bill of complaint is signed by
Henry o. Moore, vice president of the
company. Paragraph one sets forth the
legal existence OF the Wilmington City
Railway Co., which was incorporated
under an act passed February 4th, 1864,
u supplement to which was Eassed
March 26th, 1891. Tho second para
graph speaks Of the constr uction Of the
railway which now comprises about 10
miles Of track, and says that for nearly
20 years 1t could not earn or pay any
dividends for its stockholders. Tbs
company AYERS that ii was the third
CITY railway company in the United
States to adopt the trolley system of
propellihg cars by electricity, because
1t recognized its public duty to furnish
rapid. safe, choap and convenient
transportation, and because by no other
known power OF system could lines of
street railway be operated on tho hilly
streets with steep grades which char
aoterize the public thotgughfnres thbt
the city has been developed and the
citizens benefited and the public faith
fully and efficiently served. and that
the acts of the company have been ap-
proved by the municipal authorities,
as we'll as BY the General Assembly !;
that 1t has more than anticipated any
public demand for railway acoommoda-
tions by the rapid extension Of its
lines, and has actually been refused
permission to extend in somo cases.
The third paragraph haslto do with the
company's claim of exclusive right TO
build and operate street railways within
the city, the words Of the grant being
1.-THE said corporation shall have tho
exclusive right and privilege OF
locating, constructing, operating and
lnulbhIulnS Clby runway Wibulu tHb
city limits," which Grnnt, being con-
tract between the State Of Delaware
and the company, Is, it Is claimed, in-
viulable under tho Constitution OF the
United States, and may not be impaired
by or because of any inconsistent or
conflicting attempted grant cf like
right Or privilege, to another or others,
either by the State or subordinate
governmental agencies. Ii is stated
that the exclusive right was special
induoement and consideration given
the company to procure the building Of
street railway in 1864, when IL was
manifest that such IN enterprise would
he unpi ofital |, fot many years, because
Of tho then sn1nll population und tho
steep grades which made operation very
expensive, and the only reasonable In.
ducefnent for the Investment WAS the
hope that 10 the future the population
might increase to such point that a
profit In some meas1re ptoportIonate to
the risk of the investment might be
obtained.
In section A. the company declares
that the building Of other lines across
the lines of this company would cause
incony enience and danger that VI the
income from the road had to be divided
with any other line the receipts Of tho
company would be greatly diminished
and irreparable injury done to the COM
pany.
The bill of complaint next takesEup
the acts relating to the Wilmington IL
Brandywine Springs Co., which ii
holds have become void through tho
failure of the corporation to accept and
perform the conditions precedent to OBJ
tanning the BENEFITS and privileges of
the acts.
The traffic agreement between the
Wilmington City Railway Co. ard the
Wilmington Il Brandywine Springs Go.
is mentioned, one Of the conditions Of
which was that the Brandywine
Springs Go. would not attempt OF enter
the city for 25 years, which would OK
pirs May 10th, 1929, and 1t Is alleged
that the Street and Sewer Department
has Illegally granted the Wilmington IL
Brandywine Springs 90. permission 10
build on Sixth street, after it had
granted permission to the Wilmington
City Railway 90. that II the line was
built it would be necessary for II to
three times cross tracks OF the Will
mington City Railway Co., to the great
danger and irreparahle damage OF the
Wilmington City Railway Co. IS bust
ness, from collisions which might
occur, delays which might happen, and
the diversion and division of street
railway traffic which would ocUur that
the Wilmington 4 Brandywino Springs
Co. threatens to tear up the tracks of
the company at Union, Monroe and
Market stu and to cut the trolley
wires at those points in order to make
crossing, to the detriment of the
business of the Wilmington City Rail
way Go.