The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1899-11-15

Now it is the turn for the Will
mington City Railway Company to
get out an injunction. Yesterday
Willard salisbury, attorney for the
Wilmington City Railway Company,
visited Dover and appeared before
Chief Justice Lore and presented a
petition for an injunction restrain
ing the Wilmington and Brandy
wine Springs Company from build
ing its line on Sixth street. A tenn
porary restraining order was is
sued and the company was direct
ed to appear in court at Dover on
Friday and show cause why the in
junction should not be issued. The
petition filed by Mr.. Salisbury sets
forth that the Wilmington City Rail-
way Company is a legal corpora
ton of the State of Delaware; that
the company is now operating under
it's charter nearly thirty miles of
street railway in Wilmington; that
for 20 years the company could not
pay dividends to its stockholders;
that it was the third street railway
company in the country, it is be-
lieved, to adopt the trolley system,
which it did to give the people good
service and cheap and convenient
methods of transportation; that it
has adopted electricity because it
is the only power which could be
conveniently used on the steep
grades: that it has assisted and
benefited city improvements; that
it has rapidly extended its lines for
the accommodation of the people;
that the company has been refused
permission to extend its lines.
The third section contends that
under their charter the company
have the exclusive right to use Sixth
street. that under the charter eX-
elusive right was given; that this
charter is contract and is inviol-
able under the Constitution of the
United States and cannot become
impaired by any attempted grant
of like privileges to others, either by
the state or any other subordinate
governmental agencies; that the ex-
elusive right was given to the COM
panv as an induccment oft to build
street railway line in 1864, when
it was manifest that the road would
!, be Improbable for years to come on
account of the small population of
the city; that the building of other
lines across the lines of this COM
pany would cause inconvenience
and danger; that if the income from
the road had to be divided with any
other line the receipts of the com
pany would be greatly diminished
and irreparable in Jury done to the
company; that the Wilmington City
Railway Company extended its
lines to meet the lines of the Bran
DIVINE Springs Company, and en-
tered into traffic agreement with
the company.
1t then further cites that the Will
IN ngton and Brandywine Springs
road has a contract with the Will
mington City Railway to operate its
road until 1923. That the Street
and Sewer Commissioners have il
legally granted the Wilmington and
b andywine Springs Company per-
IN asion to build on Sixth street.
that if the line was built it would
be necessary for it to three times
cross tracks of the Wilmington City
Railway Company. to the great
danger and irreparable damage of
the Wilmington City Railway Com
pany's business from collisions
which might occur, delays which
might happen and the diversion
and division of etrailway traffic
which would occur.
Chancellor Nicholson being absent
from Dover the petition was pre-
scented to Chief Justice Lore.
DR.. l.. Heisler Ball, the treasurer
of the Wilmington and Brandywine
Springs Railway Company was in
Dover when the restraining order
was secured, and service was at
once obtained upon him.
The papers were served on Will
liam S. Hilles and President of the
Company today by Sheriff Taylor.