Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1900-01-18
MUST MOVE TIES ANG RAILS.

street and sewer Directors Order sixth
su-et Between du Pont ana Union
/ tI"arad Up nv Next Saturday.
At the meeting of the Street and
Sewer, Directors Tuesday tine fol
lowing was adopted, on motion of
President Simmons, seconded by Nj.
Webster.
Whereas, The Wilmington City Rail.
way Co. proceeded on Saturday, the 18th
day OF January. A. D., 1900, to make
certain excavations in the bed OF Sixth
street between Union and du Pont
streets, III this city, and to lay therein
ties and rails; and in so doing block
aided travel on said Sixth street, be-
tween Union and du Pont streets, both
by the excavations, made as aforesaid,
as we'll as by derositine the dirt taken
therefrom in the bed of the street on
either side Of said excavations, and
Whereas, This entire proceeding was,
in the opinion of this board, clearly
in violation Of all law and constituted
public nuisance; therefore, be it
Resolved. By the Board of Directors
of the Street and Sewer Department,
| that the street commissioner for the
city of Wilmington be and is hereby
authorized and directed to notify the
said Wilmington City Railway Go. to
remove all ties and rails SO laid in said
street and to fill in all excavations by
| it made thei Elm as aforesaid, on or be-
| fore Saturday, the 2Cth day of January,
| A. d., 1900, at y o'clock, noon, and
that IL the said Wilmington City Rail
way Co. shall fail or refuse SO to do,
the said street commissioner is hereby
ordered and directed to forthwith abate
said nuisance by removing all the ties
/ and rails laid as aforesaid, and by
siilling fn'fall excavations so made in
said street.
On motion Of Director Webster, Street
Commissioner Pierson was instructed
to ascertain which streets. the city rail
way company has the right to occupy
and is not occupying and report to the
board,
Concerning the Sixth street matter,
President Simmons said the depart
ment had not given the city company
| the right to use tine street, as it had
been the custom Of the department for
the conditions to be accepted by both
parties and in the case in point the cen
ditions had not been passed upon by tho
board or submitted to tho railway
company.
This point is one of the matters
now ponding in the courts.
Mr.. sAuLsBuRy's REPLY,
Relative to tho resolutions Of tho
Street and Sewer Department, Willard
Salisbury, counsel for the Wilmington
City Railway Co., this afternoon said
THE courts oil the State had as well
retire from business. The Street and
Sewer Department. has kindly relieved
them of their duties to settle disputes
between litigants and will now dis
oharge their functions.
"lhc moral or immoral conclusion
to be drawn from tie action of the
Street and Sewer Department is that
the most valuable asset in your busi-
ness, il you operate under public fran
ohise, is a minority Of tho Street and
Sewer Department They will sottle
1 all questions of law in your favor with
out trouble or expense, and il the other
fellow questions their decision the city
treasury will pay allthe costs of lti.
cation for you. fancy they will find
that the courts are still in operation
and not buund by their whims or de.
sires. But it will he hard on city tax.
payers to have TO back UP the Brandy,
wine Springs Railway 90, and pay its
expenses through to the end of this
litigation, y