The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1899-11-13
TROLLEY FIGHT
" IN COURT.
Brandywine Springs Com
pany Gets Temporary
Injunction Hating
Street and Sewer
Directors,

The fight betwe en- the Wilmington
and Brandywine Springs Railway
Company and the Wilmington City
Railway Company over the Sixth
street franchise has been transfer
red to Chancery Court for settlement.
William S. Hllles, representing the
former company, appeared before
Chief Justice Lore aat,srday afters
noon and sccuredr,rple oh.the lat;
ter company and on William SIM
mons, Ayres s. Webster and James
c. Carter, constituting the Board
of Directors of the Street and Sewer
Department Of the city of Whining
ton, to show cause why the direc-
tors should not be temporarily re-
strained from granting the fran
chse to the old company, and on
the company to show cause why it
should not be restrained from build
ing and operating its line ON the
street
The action Of Mr.. Hilles was as
predicted by the REPUBLICAN sew
eral days ago The petition was
allowed and the argument for and
against the orders prayed for will
be heard before Chancellor Nichol-
son at Dover, on Thursday. Novem-
Der 10.
The injunction bill is lengthy
document, containing ten reasons
why the temporary injunction should
be issued.
1t cites "that your orator is a COR
poration duly created BY and exist.
ing under the laws of the State Of
Delaware, having power to con-
struct, maintain and operate a rail-
way between the city of Wilmington
and Brandywine Springs; that on
or before the first day of January,
A. d. 1898, your orator built, and
had in operation, its line of railway
between Brandywine Springs and
the city of Wilmington, and since
that time has continued to operate
its said road.
That by the supplement to its
charter your orator was authorized
to build and extend its said railway
from the point at which said rail
way intersects the boundary line of
the city of Wilmington, to, through
and along Greenhill Avenue, to its
intersection with Sixth street, thence
through and along Sixth street and
to such point OH French street or
Walnut street, between Fourth and
Sixth streets as the directors might
determine upon, but before entering
upon the streets OF the city. it should
first obtain the consent of the auth
critics for the time being having
control of the streets of the said
city, on such terms and conditions
as they, the said authorities, might
impose to be used by the Whining
ton City Railway Company and your
orator alleges that if the said Will
mlngton City Railway Company
shall be permitted to use, and shall
use, Sixth street tor its tracks, turn
outs, poles, wires and cars that it
will be in violation of and will alto
gether defeat the Legislative grant
OF the use of Sixth street to your
orator, and will be in direct viola
ton OF the franchise conferred upon
your orator by the Legislature.
"That the Wilmington City Rail
way Company now threatens to
take possession of the said street
for the purpose Of laying its tracks
and erecting poles and wires there
in, and is in fact actually preparing
to do so, in violation Of the rights
OF your orator.
The compliments therefore pray
as follows: 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 re-
strained by the injunction of this
Honorable Court from granting to
the SAID, the Wilmington City Rail
way Company, the right to lay its
tracks and to erect its poles and
wires in Sixth street.
THAT the said. the Wilmington
City Railway Company may be re-
strained by the injunction of this
Honorable Court from laying its
tracks and require.
"The bill further states that the
required application before the Di-
rectors of the Street and Sewer
Department has been made, and
'your orator is informed and be-
lievcs. that unless restrained by
this Honorable Court, the said
Board of Directors will give its
consent to the Wilmington City Rail
way Company to build and operate
the Sixth street line.
"Your orator further shows unto
your Honor, that the Legislature
of the State of Delaware has given
to it, subject to the consent afore-
said, the right to the use of Sixth
street and that the said Wilmington
City Railway Company, the defend
ant above named, is not by its char
ter, authorized to operate an cleo
trio railway on the said street, and
that if. the said the Wilmington City
RailwayCompanv shall be permitted
so to do, it will be in violation of the
legislative grant to your orator.
The injunction bill is the first
one Chief Justice Lore has issued.
The new constitution gives him
authority to act in such cases in the
absence of the Chancellor.
Service on both the Street and
Sewer Directors and the Winning
ton City Railway Company was Sc
cured this morning. The action of
the Wilmington and Brandywinc |
Springs Company prevents the
Street and Sewer Directors from
awarding the franchise to the old
Company tomorrow as was intend
ed,