The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1900-01-20
WILL REMOVE
THE RAILS.
And The City Railway
Company Will Make
No Objection.

Councilman Kane, Oberly, Mansley,
flsher and stuart, comprising special
committee of council, conferred with the
directors Of the Street and Sewer Dspart-
ment last evening relative to the street
railway difficulties. President Simmons
Of che Street and Sewer Department. pre-
sided. 8
Chairman Kane stated the object of the
conference, to present the city from get
ting into legal troubles over the tearing
up OF the railway company's tracks.
Inis explanation was not sufficiently ex-
plicit so Mr.. Simmons offered an explana-
tion. He then started In and gave q
lengthy but interesting statements Of
what had been doue by tho Street Direc-
tors from The time he heard that the rails
way company was laying tracks up to the
present lime. ,A
He said he went out to where the tracks
We're being laid, accompanied by Sergeant
Black. They asked the foreman In charge
OF the work to show his permit for tear
ing up the street, but he was unable to do
so. He had expected that the matter
would be fought ont in City Court on
Monday night.
He said he did not know who had got
ten out the restraining order as the Street
and Sewer Department. had nothing what
ever to do with 1t. $
Mr. Kane said the mayor had done 1t At
the instance of the assistant city solicitor.
The mayor was reluctant about signing
1t saying he would do so II the oi,y solici.
tor said so. The assistant city solicitor
said he was acting for the city solicitor
and the mayor signed the order.
Mr. Simmons continuing said he had
seen the city solicitor on Monday morn
ing and was told by him that thoy had o
right to compel ths removal of the tracks.
do saw him again Tuesday morning and
In n h.A pnt tp,rs hp sol, ttru,
adopted by the directors.
He assorted that the directors had never
come to Council for penny for court
costs and would not do so now. He STAT
ed that all companies using the streets.
whether gas, telephone or railway com-
panies, holding franchises, always took
out permit when they wanted to tear up
tho street
The Wilmington City Railway Com
pany had on II previous occasion violated
the law by tearing up the street without a
permit and had then been warned. When
the franchise for Sixth street had been
awarded to the Wilmington City Rail-
way Company, typewriter conditions
were handed to representative OF the
company, but were never returned and
never accepted. The franchise was later
given to the ,Brandywine Springs Railway
Company.
In Ciiy Court OH Monday night the
case was retired for six months and Mr..
salisbury intinated that the case would
go to the Supreme Court
Director Webster said this would likely
tie up tho matter for several years and
they could not allow the street to remain
dug up for such u length of time.
After the explanations made by Direc-
tor Simmons, Webster and Carter, the
special committee seemed impressed with
idea that the directors were acting In the
right manner in ordering the rails re-
moved
After the con nference 1t was learned that
the railway company would make no et-
fort to present tho street aud Sewer De-
partment from teaming up the Sixth
street. rails and putting the street in the
proper condition. The company will con-
tent itself with an attempt to secure dame
ages litter. '..-'' -''