Delaware gazette and state journal., 1900-01-25
the city has legal right to remove the
tracks from Sixth street.
'tWhu Is going to pay for itY'' asked


that the city railway had acted with
out right, and hc believed the depart
ment had acted properly.
Chairman Kane asserted that every
body knew that the city railway had
no right to lay the tracks.
The restraining order was again
taken up, and Mr.. Kane declared that
the mayor had signed the application
under the advice Of Assistant Solicitor
Cahoon. @
director Simmons said ii was his
idea that the Wilmington & Brandy
wine Springs Go. had got ont the
order.
Mr.. Kane informed him that the
mayor said Mr.. Cahoon told him be
mons understood that Mr.. Conrad was
out of town on Saturday.
Mr.. Fisher asked II, in case tine
railway company refused to pay for the
cost Of taking up tho tracks, the city
would bring suit for damages.
II don't know, answered Mr..
Simmons. "There are other ways to
collect money without suit. The Will
mington City Railway Go. needs the
city more than the city needs it,
why not wait until January 23dY"
asked Mr.. Kane.
Mr.. Simmons declared that the law
had been grossly violated and it would
be bad precedent to delay.
Mr.. Kane mentioned the suggestion
that the citizens go out there and tear
up the tracks.
President Alexander said that after
hearing that the Street and Sewer De-
partment did what was right, he was
almost willing to help in that
When Mr.. Kane again raised the
subject of expense, Mr.. Simmons
stated that for the last five years in
all matters of litigation the department
had been able to pay damages and
costs out of the annual appropriations.
at comes out of the taxpayers
money Just the same" said Mr..
Stewart.
The director stated that the depart
ment was not seeking trouble but when
it knew there was gross violation of
the law it did what it could under
the law.
Agpin Mr.. Kane thought the matter
of taking the tracks might be laid over
for while, but Mr.. Simmons declared
that it was not the first time the Street
and Sewer Department had had trouble
with the railway company. When the
city laid sewer in Monroe street,
suits were threatened but they did not
materialize.
I'VE hace nothing to do,' said Mr..
Simmons, with the trouble between
the Wilmington city railway and the
Brandywino Springs railway
He held that the city railways acts
were in defiance of the law, and Presi-
dent Alexander suggested that they
were in defiance of the city govern
ment. 4.s
\ "That is right" said Mr.. Simmons.
/ Mr.. Obefly spoke of the Importance
of having the city solicitors advice.
Mr.. Simmons remarked that if the
Brandywine Springs people had begun
working on Sixth street without per-
NIT, they, too, would have been stopped.
Asked by Mr.. Stewart as to why the
case against Harvey B. Vandegrift was
retired in the City Court, MIR. Sim
mons did not care to tell his thoughts
ON that subject. The department ex-
pected the case would come to an issue
that night; but il was retired; Mr..
Salisbury, representing the railway,
said the dispute between the two com
panies would probably reach the Su-
preme Court of the United States.
Mr.. Webster figured out that it might
be several years before a decision was
finally reached in the railway war. 1t
was suggested that ii would be long
while to leave the tracks remain in
Sixth street. Said Mr.. Webster "We
do not propose to allow that obstruc-
tion to remain there for six months to
satisfy u whim OF Mr.. Salisbury"
Mr.. Stewart said he understood itNto
be the intention of the department to
take M the tracks and ties and put the
road into condition unless the company
does it and he seemed anxious about
the cost.
''lf it does cost SA00 Or $500" asked
Mr.. Simmons, isn't it better to uI-
hold law?"
He said the city railway is always
asking fayors and there will be a way
to collect the money for damages.
Mr.. Fisher thought the acticn of the
Street and Sewer Directors deserved
commendntion instead of condemnation.
Mr.. Kane desired to know who would
be held responsible if man were hurt
on the line of the Sixth street work.
said Mr. Simmons.
| The place is marked by red lanterns
at night aud u watchman is employed
there.
Mr.. Carter said there was nothing
else to do but to take up the tracks, and
Mr.. Simmons averred that the depart
mont has all the law that is necessary,
when assisted by the police. Mr.. Car-
ter did not think there would be any
trouble.
Reverting to Mr.. Cahoon, Chairman
Kane expressed the thought that il
Mr.. Cahoon were helping his friends il
should be known 1T looked to him
like Niger in the wood pile.
| Mr.. Simmons said that on important
matters always two of the three direc-
tors had to agree.
The Street and Sewer Derartmen
received the following communication
last night:
Wilmington, DEL, Jan. 10th, 1900. =
To the Honorable, the Members of the
Street and Sewer Department OF Will
mington--G --Gentlemen l am instructed
! to ooKnoN ledge your recent communi
| cation setting forth a resolution passeo
| by the Street and Sewer Department
referring TO tho matter OF our extension
on Sixth street, and to say that oui
work was done on that street pursuant
| to the consent given TO this company
by you un December tNovember) Tth,
1883, which was accepted and acted
upon by this company.
We have also boon served with re.
straining order Of the Court of Chan
Gerry, which, Of course, prevents the
continuance Of that work on Sixth
street until it is dismissed.
| 1T .,,, fr,+hap 10 tb