Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-04-27
LEVY COURT REFUSES PERMIT.
Vote Evenly Divided on dissolution TO Grant
New Castle and Delaware City Railroad
Use OF Causeway.

Vote Evenly Divided on Bcsoiution TO Grant
New Castle and Delaware City Railroad
Use OF Causeway.
The Levy Court Tuesday heard argu-
ments on both sides with reference to
the application for permission to Use
the county roads and bridges for the
proposed New Castle and Delaware
City electric line. Three petitions were
presented, one from Red Lion and one
from New Castle hundred opposing the
granting Of tho application, and one
from New Castle and Red Lion to-
gether favoring it.
William S. Hilles argued against
granting the use of the county roads to
the electric railway people, holding
that it would interfere with the rights
OF tho public to use them. He gave
figures and estimates to the width of
the county highways and maintained
that in many places it would be i'm
possible to have the railway travel and
wagon travel on the same section.
Mr.. Hilles said that the people want
the trolley line but they do not want
the county roads given to it. These
roads cost the Taxpayers thousands of
dollars and should not be taken from
them. He did not believe the Levy
Court or anybody but the Legislature
could properly give away the right to
the use of the roads to anybody. He
held that the permission was desired
simply to savo money to the railway
people.
T. Bayard Heisel of Delaware City
advocated the application, declaring
that great majority of the people
there wanted the road a few merchants
pNiubf ~ f,,, fan, thair ht11 IN uu
would be affected.
Alfred j. Davidson opposed the use
of the public road.
Representative Theodore F. Clark,
who was speaker OF the House OF
Representatives, favored granting the
permission. He, understood that the
company proposed to widen to cause
ways where needed.
Theodore p. Rogers favored the road.
James G. McComb of Brandywine
hundred, spoke emphatically against
the use of the highways. He opposed
the grant OF privileges to railroad
without making it pay for them, and
| declared that some corporations i'm
posed on the people, by increasing
stock say from 100000 to $500, 900,
| making S400,0 on the transaction.
He said he was opposed to anything
that hurt the people. "Other people
have a right to live as well as me, u
he said. Although not opposed to cor.
| porations as such, he was opposed tc
| monopolies, and held it to be an out.
rage to allow the people to be imposed
upon. Mr.. McComb's spirited speech
caused sensation.
Court took recess without acting or
the application for the desired permit.
The Levy Court yesterday indefinitely
postponed a resolution to grant the
New Castle and Delaware City Rail
way Co. the right to use the county
roads, bridges and causeways between
New Castle and Delaware City, and on
a tie vote, refused to grant the privi-
lege Of using the causeway below New
Castle and Red Lion causeway.
The first resolution met its fate be-
cause of the opinion Of John II.
Rodney, attorney for the court, which
was announced on Tuesday afternoon,
that the court has nothing to do with
what are known as hundred roads,
which are under the control of the
road commissioners. The only juris-
diction left to the court, under this
opinion, is over causeways, which are
roads across marsh land and arc main.
tanned by the county. Mr.. Rodney die
not think that any consent or agree.
ment given by the court to cor
poration charging tolls or fares for the
use of or to occupy the public roads OF
causeways would be valueless. Such
power must be conferred by the Legis,
lature.
After that resolution had been, or
motion Of Mr.. Gallagher, indefinitely
postponed, Mr.. White offered the fol
lowing resolution =.
Resolved, That the New Castle an6
Delaware City Railway Co. be granted
the right to cross the causeway below
New Castle on the river side, hut moi
the bridge on said causeway, and pro
viding they put fiat rail on sale
causeway and they also be granted the
| right to cross the Red Lion causeway
on the east but not the bridge on sale
causeway, and also providing they put
a flat rail on said causeway.
'The Levy Court of New Castle
county, Delaware, will, in no event,
be liable for any damage resulting
from the granting Of this privilege
This was opposed for two reasons
one that under Mr. Rodney's opinion
the consent would be valueless. ant
the other that the concluding part O
the resolution might not save th,
county from litigation.
On an aye and nay vote being taken
Messrs White and Lynn voted aye, anG
President Scott and Mr.. Gallagher
voted nay. Mr.. Mealey was excused
from voting. The resolution was de
clared lost.
Adjournment was taken until mex
Tuesday.