The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1900-01-04
PRESENTING
AFFIDAVl1S.
Bul argument in the Rail-
way Injunction Began
in Earnest This
Morning.


the Wilmington City Railway Company
vs.. the Wilmington and Brandywlne
Springs Railway Company began properly
to-day All yesterday afternoon was Oc.
cupicd by the presentation Of affldavi's In
the case.
The alfidavits of tho compliments tend.
cd to show "a dozen different customs.
Some were to the effect that tho Whining
| ton and BraDdywino Springs Company
had not been built in the time specified in
the charter.
| U her atfidnyits were to the effect that
| the Wilmington and Brandywine Springs
Company has not yet built line in this
city and Las in fact not built line fur.
thor than E!smerc, the tracts Of tho Will
ming; on and Elsmero and the Whining
ton City Railway Company being used In
the a1fidavits said that on December 81,
1897. when the oar was run over the road
the line was not completed. The Cur was
pulled by mules and horses and pushed by
n gang OF wurkmen. For u part of the
distance no rails were mado of wood aud
several times broke. letting tho car down
in the mud.
Thomas S. Bellah secretary Of the Com
pany, said that The Wilmington and
Ernndywine Springs Companys limo was
srarted on December IL. 1898, and was
continued running for thrir cen days
After that it was stopped for three
months. Since that time 1t has been op-
Grated steadily. At that time it could not
have been operated had 1t not received me
power from The Wilmington City Rail-
way Company.
John A Riggs, president of the Whining
Ton City Hallway Company. who dopos-
cd that no is connected with tho running
OF ton other electric rOals, said the con-
stluction Of the local road is the best pos
sible. The Sixth street road would have
been built had not the injunction been is
sued.
An affidavit to the same effect was
made by ii. 4. Moore. Mr.. lilles then
began reading atiilavits in reply The
1irst one was made by Richard W. Crooks,
general manager Of the Brandywlne
Springs road. He rccited that tho Will
mington City Railway Company had used
every means to prevent the BrandyWile
Springs road being built. He said the
road would have teen completed in time
had not .he Whining on City Railway
Company secured nm injunction, and
work was stopped. On December %. 1877
tho injunction was modified 20 that The
WORK could go on. thus saving Tho Brandy
VINE Spring, Company its charter.
he said cars have always been operated
except when they wero forced to stop
SIKH street road would have bsen built
bad 1t hot been for the injunction. The
delay Is costing the company large sum-
of money daily. G, II. Mcdonald, ". H.
Quigg W. A. Il. Cooks, and J. L. McEiwoe
made aflidavits saying II Car was run over
the road on December 81 1897 Some of
these men rode on the Car
Fl. r. Fothrrgill n mechanical en- 81.
neer, made aft lavi thu, prior to SS7, the
WilnInu t nj III y X a luz ,np, ucaH
horses or mule power to move its cars.
An affidavit ma:le by Secretary Wiley Of
the : rect aud Sewer Department was
rend in which he stated there was no rec
ord of a resolution an hOriZipg the Wilm-
ingtoH City Itailway TO Use sixth street,
There was no rccoid OF tho acceptance of
such II resolution by tho Wilmington City
Company. On he q her hand there WIS
record of resolution passed giving that
right 10 he Brandvwlne Springs Com
pany, ana the acceptance of the provisions
OF the resolution by tho simc company.
Mr. salisbury read atlilhyits in answer
to hose presented By Mr. Hilles. The
first WA made by J. II. llooS II, and he
said in his opinion tho line Wa. not fully
completed, and on the day he first car
was "un over the line, but une person re-
manned on tho car. W. Il. Por or said
there was no connection between tho viii
ahihhootI hiu IylsiIItIe anu Ile
Brandywine Springs Companv's track.
Preston Lea, who was president Of the
Wilmington CITY Railway Company until
February S, 1898, snid he Wilmington
and Elsmere line and tho Wilmington
City limo were two different concerns At
that time, the wo companies simply
working under n traffic arrangement
Former President Clark Ct The Whining
ton City Company. /. }. Moore, J, A.
RiUua III e Mn,ro 4,
said 1t was not safe for lines to cross each
other unless the mOtormen We're employed
by tho sair3 company and under the same
head. MIR. Lugar eddcd to his affidavit
that he would not attach any weight to
what Mr. Crooks said about electrical con-
struciun as he had ben compelled to in
struct Crooks how to bnild MS line
This mornings argument was opened
by Mr.. Salisbury for the complainauts,
Ho remarked that no would Pre- ent every
one of tho mum 'rouI phases of the case in
its clearest light, The compliments re-
lint on many grounds for its action but no
had reduced them to five.
The first ground was that when the
State Legislature char cred the Whining
ton City Railway Company, they intended
TO give the people who Invested their
money in that railway enterprise tho ab.
soue control Of railway building III this
city for all time They al % enpo veret
the company to use whatever motive
power was conducive to no best interests
OF the reople. These grounds aro espcc-
!nlly set out in the. Companys charter Mr..
Salisbury contondcd.
lhe record t und was that when the
Board OF Directors Of the Street and Sew.
or Department on Nov T. 1879 gave to the
Winning on Railway Company the right
to build ard operate . railway line Oh
" est skin stTppt. fIi 4f
sive.
Mr.. Saulsbnry's third Contention was
that he defendant company Is without
power to operate line and in fact Is wi h
out corporate existence by reason OF its
fniiure to comply with the acts given 1t by
the Legislature namely the fact that it
had tniiei to com ,iete tbs construction of
the me vi, nh the ti!ne limit specified in
he char er
The fourth con,cuti0n WAS that the
Wilmington aud B.,ndywine Springs
Company nat not If or January /, 1898,
according I" the terms its charter, the
right ~ build a line anywhere
lhe last contention WI, that the defeu.
dant CON paEv now b ing under contract
WIN tue cDinplsinants to operate defen-
darts railway cDnIi NOT aanul that con.
tract 10 httemb to do 50 would b. 10
con2ol The Complainant. to hold derep
dnnti to The specific performance OF that
contract and 10 take injunction pruceed-
inRs to compel the dG'rbiant4 o carry ont
their cOntrac these contention. Mr. saul.
bury SAID constituted his Gaze reduced
to n minimum.
Then th" argumen,bepun In earne,, Mr.
salisbury ilrst Addressing the court. He
will probably rests this afternoon TO
allow Col. Benjamin Sirlds t. make the
initial argument for the def, n,e
-------
Hearing in Philadelphia
Tho heHrin before Com missioner G,ni,h