The sun., 1900-09-28
WORK ON new
STREET RAILWAY
STARTS TODAY
Chancellor Decided Against City
Railway Company Yes
terday.
SALISBURY WILL APPEAL
Work Cannot be Stopped Permantly.
But Iniunctions Can be Gotten
Out Where New Road
Crosses old
One.

The Peoples Railway Co. was given Il
decision in its favor by the Chnncrlioi'
yesterday and this afternoon tn" work
of road building will be begun ut both
ends Of Sixth Slrect Church on the east
side and Grccnhill uvpnue ON the west.
Work will hc pushed rapidly ahead.
MrssrS Iliiles and NicldS stated yes
tcrday TINT although Mir. SaulshurS. nn
behalf 0f the Wilmington City Hallway
Co., might appeal the opinion Of the
Chancellor. there was now no barrier
to the construction and operation Of the
ne% line.
Chancellor John r. Nicholson handed
lown hc decision Yesterday morning.
i-lc City hallway had sought by in
junction proceedings to prevent the
Peoples Co from going ahead under its
permit from the Street and Sewer De
partmclt to build n trolley line across
town from Greenhill avenue on the west
side to tho Philadelphia. Wilmington
Il Baltimore Railroad. right Of way on
tie east side. by way Of Sixth street
The Peoples Go. camr into existence
after tile failure of the Wilmington u
Brandywine Springs Hallway Co. in its
efforts 10 build il line into tn" city. tn"
Chancellor having decided that it had
lost its right to come in because it had
not met the requirements OF its charter.
The great difference between the two
corporations was that the Brandywine
Springs Co. was created by Il special act
Of the Legislature whnreaS the pennle's
Co. is formed under the General lncor-
poration act.
In tn" former ease. the Chancellor de-
cidnd that the T.n~islntura hnd 'hn RIGHT
to revoke the charter Of the Wilmington
| City Railway Co. and it had revoked it
to the extent Of granting the Brandy
wine Sn,ugs Co. til" right to build IL
| line in Wilmington. hut ns the Brandy
wine Springs Co. had failed to meet the
1 requirements Of its charter. til" rpNo"il-
tion WAS Void. 1t remained, therefore.
to consider thn new relation c;lused by
tho formation cf til" Peoples Go. under
the General Incorporation act aud the
yiSt OF the decision was that the LcEiS-
| lntuIr stu had the power of rrvocatioT
or the exclusive right claimed lN the
CITY halfway. and that tho Peoples 60.
| had the right under its charter to build
its line herr.
The hill Of complaint in the case was
Gl"l May 15th thn pravcr hrimS that the
/
aud operating il rord within the city and
that preliminary injunction he issued
| \ rule WAS issued md in lilnC 'the mo
tion for Il preliminary injunction was
argued Briefs were filed. the last one
on July 5th.
'rhc City Railway alleges III its bill
| that under its act of incorporation
pnsscd February 4th 1864. il was grant
cd the exclusive right to build and oper-
ate ritv railway within the city limits
of Wilmington. and that the alleged
charter of the Peoples Railway Co. is
Illegal and void MS is also the pretended
consent of the Street and Sewer Depart
ment and that by them the obligations
of tho contract hetw"cr the City Rail
way and the State of Delaware would
he impaired. The P"onle's HALLWAY Go
on he other hand denies the exclusive
right and alleges that ii is valid cor
poraton, that it has II valid consent
from the Street and Sewer Department
and that in no way are the obligations
of the contract mentioned impaired.
The chancellor dwelt for Il tim" nnol
his decision in the case of the whining
ton CITY Railway Go, vs.. the Whining
ton X Blnndvwiue Springs halfway GO
in which he decided. first that although
the charter of the City Hallway did give
If the exclusive right claimed vet th'
; reserve power of revocntiontlon by th'
legislature contained in the ConStitu
tion Of 1881 became u part of all charters
. subsequently granted: second, that tht
. reserve power of revocation by the Leg
: islltmc means the power to revoke II
the pleasure of the LEGISLATURE, any Q
all Tie rights. privileges or franchiS"
granted To a corporation: third. that IN
HrandyYinc Sprin~S road hnd the riglr
uudcr certain conditions 10 build its rail
, WAY in Wilmington. Int havin" failed Il
meet some of the conditions had Gn"frt
\ ed tltc right. The case aroS" under
snerinl act and its supplements granted
= while tllc Constitution of 1881 WAS i
. force The nrcsent cause arises undr
q the General Incorporation law passed u
, ,ncnrlnpcc with HE provisions of IN
= Constitution Of 1897.
, 70 ProplrS ca. seeks to huiid
a trolley line from the intersection of Ian
: costor nvnnne and Grcenhll avenue
: thence alnrc Gie"nhill nvenuc and oth"
streets (princirall, Siyth to the rich
q of way of the r.. w 4 Il. Railroad GO
V rhn questions raisrd are;
f First, Does the resnrved power OF re
: vocaticr bv the LeP'Slatur" of chnrt"r
Il granted under the Constitution OF M
s exist under the present Constitution!
: Second. Has the Grnernl lncornor'
tion law. passed in accorlnnc" with III
+ urovieions of the new Constitution y.
! voked the nXclus'vo right of IN" wv
~ minrton City Railway Co. 10 constru'
s onl nnerate . city rHirond IN tn" oltv .
II Wilmington hv authorizing the lncorn"'
is alton of railw"vs no"scssinr raShtS nee
| -...a..:1., ;,,.nn.,istnut tbprpWith!
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