Evening journal., 1900-09-27
hillCS and NicldS Say " We'll
Build the Road f"
WORK SOON WILL BIZ RESUMED
Salisbury May Take Appeal TO Stale
Supreme Court But This Cannot
Prevent Building Road

Chancellor John r. Nicholson came
60 this city this morning and delivered
the long -looked-for decision in the in
junction suit Of the Wilmington City
Railway Company VS.. the Peoples
Railway Company, in which the right
OF the latter to build and operate n
railway line in this city is disputed,
and the power OF the general corpora
tion law to grant the privilege OF lay
ing tracks on the streets of the city
PEOPLES RAILWAY WINS IT'S
SUIT.
After an exhaustive review OF the
suit Of the Wilmington City Railway
| Company VS.. the Brandywine Springs
Railway Company, and going fully into
the briefs and arguments in the present
suit, the court narrows the existing
contentious down to two questions,
which IL says are Of great public in
terest, and which have been brought
7 before the courts OF this state for the
FIRST time. They are:
4 First Does the reserve power OF
revocation by me Legislature OF char
ters granted under the Constitution OF
4 1881 exist under the present Constitu-
tion?
Second Has the General Inccrpora-
Z ton law, passed In accordance with the
\ provisions OF the new Constitution, re-
yoked the exclusive -rigAt-ef- -tlfe- VIII
mington City Railway Company to CON
Htruct and operate city railway Ia the
city OF Wilmington. by authorizing the
incorporation Of railways possessing
rights necessarily inconsistent there
with?
The first question is thus answered:
Having thus examined minutely every
clause in the present Constitution that
could by any ingenuity be claimed to
justify the contentious OF complain
ants counsel, ] am brought irresistibly
to the conclusion that the reserve
power OF revocation by the Legislature
OF the charter OF the Wilmington CITY
Railway Company, which, as has been
seen included the power to revoke its
exclusive features alone leaving its
other franchises intact, exists under the
present Constitution, that is. when ex-
/ iercised by general law, which is claim
ed by respondents counsel to have
been done by the general incorpora-
ton law and the organization under it
OF the Peoples Railway Company"
In answer to the second question
the chancellor says the general incor-
poration act has the power to grant
railway privileges to such railway
/ companies as the Peoples Company to
the use Of the streets here.
In concluding the opinion the chan
cellor discusses the right OF the Board
OF Directors Of the Street and Sewer
Department of this city to grant to
the Peoples Railway Company the
use OF the streets here, over which IL
asks that its cars be permitted to oper-
ate. The court holds that the depart
ment has the authority to grant such
a privilege, and it having done so. the
railway company rights are legal.
Then the opinion is concluded bv the
ordering OF the dissolution OF the pre-
llminary Injunction prayed for by the
Wilmington City Railway Company.
Ostensibly this was an action against
1.-THE Wilmington and Brandywine
Springs Railway Company since those
interested in the Peoples Company are
Officers Of the former. The arguments
before the chancellor were made by
Willard salisbury, for the Wilmington
City Railway and William s. Hilles.
Benjamin Ne.ds and John P. Nields
for the Peoples Company in June. The
decision since has been awaited with
much interest.
A previous decision by the ehapcel-
tor determined that so far as the Will
mington and Brandywine Springs Rail-
ways right to lay tracks within the
city its charter had been forfeited ty
its failure TO comply with the condi-
tions OF the charter. So far as the ex-
elusive right of the Wilmington CITY
Railway Company was concerned, that
was settled provided no other grant
for the same privilege to use tho
streets had been made.
! The Peoples Railway Companv was
incorporated under the new corpora
ton act. and Immediately upon the at
tempt Of the new company 10 carry out
the rights granted il a restraining or
der was obtained by the Wilmington
City Railway Company, preventing
the Peoples Railway from progressing.
In the arguments that followed the
exclusive right cause was not dwelt
upon. It was explained that me gen
eral corporation ACT Of the state mas a
separate section devoted exclusively
TO street railway charters. All tha
powers Of street Included under the
act are specified in this section. 1t was
eontended by Mr. Salisbury that there
fTor&f-,.~a 49,.