Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1900-01-04
SIXTH sTEEET RAILWAY.
Hearing, Began Before chancellor Niohoi-
son Yesterday Morning. y,


r. Nicholson at Court House yester-
day morning, and argument ~ likely to
occupy two or three days. The matter
before the Chancellor ID in the in
junction case of the Wilmington City
Railway Go. VS.. the Wilmington &
Brandywine Springs Railway, Co.,
beng an application for an injunction
to prevent the Bfandywine Springs
company from building and operating
street railway on Sixth street. The
real question involved is whether or
not the Wilmington City Railway I'd.
has the exclusive right to build and
operate street railways In the city Of
Wilmington.
1t locked as IL battle of the books
was brewing yesterday morning as the
attorneys prepared for their lombard
ment Of argument For Willard Sauls-
bury, who represents the Wilmington
| City company, Edward Schlipf, dis
patcher for that company, would come
| to the skirmish line with an armload
of stout volumes. For William s. Hilles
and Benjamin Nieids, who represented
the Brandywine Springs company, Cliff
ford MaDnering and j. H. West would
| appear loaded in the same manner OF
with bags Of the ammunition. Occa-
| SiOhaiiy iodmaOi lochpShlliio "a
SauIsbury's forces would arrive with
some special kind of munition in the
| shape Of brown bound book. Mr..
Salisbury prepared for battle by
| arranging his ammunition 10 front OF
| the Chancellor. Col. Nields and Mr..
| Hilles kept their war material in the
background for the time, because Mr..
Salisbury was to be allowed the open
| ing shots. A count of the volumes
showed that Mr.. Salisbury had a few
more than 100 and Messrs. Hilles and
Nields, u few less than 100.
| A preliminary skirmish occurred
when Mr.. Hilles asked leave to file the
answer of the Brandywine Springs COM
pany to the bill of complaint. Mr.. Sauls
bury objected to its having any effect
at this hear ing; it was dated Decem-
her 9th and had been withheld. The
| Chancellor ruled that the respondent
had the right to file the answer and it
was filed.
Dr. L. III. Ball, vice. president of the
Brandywine Springs road, and Richard
W. Crook, Its general manager, and E.
j. Moore, formerly vice president of
the city company, were present at the
hearing.
Before taking up the argument, the
solicitors for the Brandywine Springs
company applied for the discharge Of
the rule and the dissolution of the re-
straining order in the first Of the rail-
way cases, that Of the Brandywine
Springs company VS.. the city railway
company and the Street and Sewer Dr.
rectors. This was done, but the bill of
complaint remains. A motion to dis
miss the Eill goes over until after the
argument of the cases before the
Chancellor, that of the city railway vs..
the Brandywine Springs railway.
In opening the case, Mr.. Salisbury
read the bill of complaint of the city
railway company which holds that to
allow the Brandywine Springs COM
pany to build the, Sixth street line
would be In violation of the city tail-
way company's charter; that 1t would
cause damage and delays to the old
company, and that the acts passed by
the Legislature with reference to the
Brandywine Springs company were void
and of no effect. The bill referred
also to the agreement between the TWO
companies, which it was held the
building of the road on Sixth street,
would violate. The complainant asked
that the Brandywine Springs people
be restrained from building and oper-
ating the road. NJ.
Mr.. Hilles read the answer Of the
Brandywine Springs company, which
denies that the complainant. operates
practically 30 miles of track, The re-
spondent is not concerned with the east
history Of the complainant, nor with
the misfortune connected Herewith In
the matter of dividends or the cost of
operation, but denies that the com
| -, tr,
use electricity as a motive power or
transportation within the city, and on
the contrary, AYERS thar the General
Assembly passed the following acts for
additional railway facilities: 10 in
corporate the Wimingto Shellpot,
and Edge Moor Railway, Front and
Union Streets Railway, Wilmington Il
Brandywine Passenger Railway, Eighth
Street Passenger Railway. and Will
mington 4 New Castle Railway, and
that large portion of the tracks In
the city were laid and are now operated
only by virtue of those acts.
The respondent denies absolutely that
the complainant has, under an act, the
n exclusive right and privilege of build
4 ing and operating street railways in
the city and ayers that the right given
is an exclusive right and privilege to
operate the railway beginning at the
p, W. 6 b. station, extending thence
to Market, to Tenth and thence by
Tenth and Della ware avenue to Clayton
street; and that under the Constitution
then existing the Legislature reserved
to itself the power to rev oke the said
act at any time.
1t Is declared also that the city rail
way built certain railways, not to
answer to the public demand therefor,
but usually for the purpose of prevents
ing other railways from using the
streets The respondent AYERS that it
has complied with the legislative acts
in its behalf and denies that it will
CAUSE unnecessary trouble to the old
company where it crosses its tracks.
AS to the agreement between the two
companies, any question of the vio-
lation thereof is held to be for the law
courts and not equity court TO decide.
The Brandywine Springs company
maintains also that 1t could not by any
agreement surrender any of the duties
or franchises imposed upon it as a
public corporation and servant.
AS to the crossings, 1t offers to make
them at its own expense.
The granting of the injunction, the
company SAYS would work irreparabla
loss and damage to 1t. A
The answer bore the signature OF
Robert q. Justis, president of Che
company. r7, K
MILK Business Change. u