Evening journal., 1899-11-13

STATE. ISSUES THE PRELIMI-
NARY ORDER WHICH WILL BE
RETURNABLE AT DOVER ON
FRIDAY-RESTRAINT SERVED BY
DEPUTY SHERIFF BRADLEY on
CITY COMPANY AND THE STREET
AND SEWER DEPARTMENT d.
REcToRs.
The Wilmington and Brandywine
Springs Railway Company, through its
attorney, William S. Hilles, this morn
ing secured a restraining order from
the Court of Chancery enjoining the
Wilmington City Railway Company
from building a line on West Sixth
street, and restraining the Street and
SeFer directors from granting the
privilege of the use Of Sixth street to
the Wilmington City Railway Com
pany.
The injunction was served on Cen
eral Manager Joseph c. Lugar and VIII
lard Salisbury. attorney, for the Will
mington City Company, and on the
Street and Sewer Directors by Deputy
Sheriff Francis S. Bradley.
On Saturday Attorney Hilles, for the
Wilmington and Brandywine Springs
Company, went to Dover to secure a
temporary injunction against the Will
mington City Company and the Street
and Sewer Directors. The chancellor
was not at Dover. and he Immediately
came back and appeared before Chief
Justice Lore, who, under the new Con-
stitution. is empowered to grant an in
junction in the absence Of the chancel-
lor
The complaint Of the Wilmington and
Brandywine Springs Company is as fol-
lows
That your orator is a corporation
duly created by and existing under the
laws of the State of Delaware, having
power TO construct, maintain and oper-
ate a railway between the city of VIII
mington and Brandywine Springs; that
on or before the first day of January,
A. D., 1898, your orator built and had
in operation it's 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 of it to its
charter, your orator was authorized to
build and extend its said railway from
point at which said railway inter
sects the boundary line of the city OF
Wilmington to, through and along
Greenhill avenue to its intersection
with Sixth street, and thence through
and along Sixth street. and TO such
point on French street or Walnut
street between Fourth and Sixth
streets, as its directors might deter
mine upon. But befo-e entering upon
the streets OF the said city it should
first obtain the consent of the authori-
ties for the time being having the con-
troll of the streets of the said city. on
such terms and conditions as they. the
said authorities, might impose and re-
quire.
That your orator contemplates and
intends to build its said line through
and along the streets Of the city OF
Wilmington above mentioned so sOOr
as the proper consent shall have beer
first obtained, and to that end and now
bending before the directors OF the
Street and Sewer Department of the
city of Wilmington an application e
lobtain such consent.
That William Simmons. Ayres S
| Webster and James c. Carter, the de
lfendants above named, are the direc-
ltors of the Street and Sewer Depart
lment, and as such have the control o.
the streets of the said city of Whining
lton.
That the Wilmington City Railwa,
company is a corporation existing un
deI the laws of the State of Delaware
Having power to locate, construct, Oper
late and maintain a city railway within
the city of Wilmington, and as sucl
, railway claims the right to use Sixtl
: street in the said city. subject to tn
lapprOval and consent of the said Boar
} of Directors Of the Street and Sewe
q. Department, and to erect thereon poles
= wires and tracks, and to operate tn
, said road with its electric cars b.
means Of electricity.
That the said Wilmington City Rail
way Company has made application I
2 tho said Board of Directors of tn
/ Street and Sewer Department for per
mission to use the said Sixth street
and your orator is informed, and be
llieves, that unless restrained by thi
honorable court the said Board of ID
lrectors will give its consent to the sal
r Wilmington City Railway Company S
+ to do.
r Your orator further shows unto you
Honor that the Legislature of the Stat
of Delaware has given to it, subject I
the consent aforesaid, the right TO II
use of Sixth street aforesaid, and tn;
70 the said Wilmington City Railwa
company. the defendant above name
" is not by its charter authorized to ope
II ate an electric railway on the sa
J. lstreet. and that If the said Wilmini
ton City Railway Company shall
II permitted so to do, il will be in Violate
- of the legislative grant to your oratc
- Your orator further shows unto yol
honor that the said Sixth street is
street only forty-nine feet wide fro
building line to building line, and tn
III the said street between curbline al
lcurbline is only about thirty feet