Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1900-01-18

pealed to Chief of Police Dolan to
have the work storped. Cant. Blacls,
Sergeant Wolch and squad OF patrol
men Immediately repaired to the scene
and put stop to the operations.
Street Commissioner Frank W. Pierson
and Supervisor Nivin Clowney, repre-
senting tine Street and Sewer Depart.
n,ent, were also early on the scene and
Commissioner pierson gave orders for
his department. President Simmons
and Commissioner Webster of the de-
partment ard Assistant City Solicitor
Cahoon, who had also heard OF the
matter, were also there and took q
hand in what was done.
Much work had been done before the
authorities interfered. The entire road
he'd from du pont street to Union,
three squares, had been graded and
rails had been laid from Union street
east beyond Lincoln, nearly half the
distance. A curve al du PoDt street
had also been put down, but not made
fast to the ties. The task was some
what difficult, as the ground was ex-
ceedingly muddy and there is. pro.
nouneed grade between Scott and
du Pont streets.
When the order to stop work was
given the announcement was made on
behalf of the Street and Sewer Depart
ment that there was no objection to
track laying on du Pont street, as the
company had been granted permission
some time ago 10 occupy that street.
Late in the afternoon Mayor Fahey
and Street and Sewer Directors Sim.
mons and Webster held a conference,
afrer which application was made on
behalf OF the mayor to Chief Justice
Lore for restraining order on the rail-
| way company, which was granted ard
made rnturnab!e before Chancellor
| Nicholson at Dover on January 23d.
! 1t cites the railway company to show
cause why il should not be en- ioiEed
from tearing up, interfering with, OH
structipg, or in any manner disturbing
| the public easement, in Sixth street.
The order was served by Deputy
| Sheriff Bradley on Preston Lea and
General Superintendent Lugar Of the
| railway company. The bill OF complaint
sets forth THAT the Wilmington City
Railway Co.. without any warrant or
authority of law whatsoever, is now
engaged in laying line of railway
tracks on one OF the public streets Of
the city, TO wit, Sixth street. and by
| SO doing is obstructing the said street
by tearing up the bed thereof, placing
| ties, rails and other Instructions there
ir., contrary 10 law, and threaten to
continue so to do unless restrained by
I the injunction Of this honorable court,
thereby interrupting travel, preventing
the use of said street, and causing
irreparable injury to said complainant.
"That this complainant for the pro-
| lection of the interests Of the public in
said streets, and for preventing the
1 injury resulting from the unauthorized
\ use of the street by the said defendant,
is without remedy save in this honor
able court. The complainant prays
\ that the said Wilmington City Rail
way Go. may answer this, it's bill ol
complaint answer under oath being
expressly waived.
s'Thut the said Wilmington City
l Railway Co.. its agents and servants,
may be perpetuslly restrained by the
]. Injunction ef,s this-hanorable court
form tearing up, interfering with,
osbtructing or. in any way disturbing
the public easement In the said street,
aud that preliminary injunction may
issue to restrain the said defendant,
its agents and servants, in like man
,ner, until tho further order of the
Chancellor. That the said defendant
be decreed to remove from said stree
forthwith any tracks, rails, tics Of
other distractions placed thereon, con
trary to law.
'tThat this subpoena may issut
directed to fhe said Wilmington City
Railway Go. as defendant in th!'
cause. "