The sun., 1900-09-28

Fundamental principles of constitutional
law and il consideration Of the sections
Of the Constitution involved the Chan
cpllor said: II am irrCsiStibly br0ugt to
the conclusion that the reserved power
of revocation by The Legislature Of the
charter of the Wilmington City Railn av
Co, which as has been seen. included
the power to revoke its exclusive feu-
lures alone leaving its other franchise
intact exists under the present Cunstiti-
ton, that is when exercised by general
law. which is claimed by respondents \
counsel to have been done by the Gen
eral incorporation law and the organiza-
tion under it of the Peoples Railway
Co."
On the second question the Chancellor
examined sections involved in the incol-
poratinn act in detail and took into con
sileralIon the ruling Of the New JERSEY
| courts on the provisions concerning rail-
roads. The act contains no spcciiic pro-
visions for street railways. Section 112
gives authority to build railways com
mencing at or within and extending to
or into any town named as the place of
| terminus. The provision is practically
| the same in both the Delaware and New
Jersey acts. and the New Jersey courts
hav" ruled that undrr il II company can
ln''ll j.. outr" line within II city.
| The Chancellor reached the conclusion
that th" General Incorporation act au-
4 thori2cd associations like the respondent
! to exercise powers that revoked the eN-
elusive riifht previously POSSESSED hv an
I oth"r ,"nnnr"
| Thp Chruc"ll9r saw no dilIicultv with
rcf"""""" 20 thn consent GRANTED tho
Feop','s Co. hv tho Street and Sewer
nerrh'""'t ana ON Tho claim that the
rse "f Siv'h street could net hr granted
tn thn Ernlc's 90 herarsc Il had been
r"evi"n Is y''"ntrd 10 ti" City Railway.
tie Ch"uotilo" said il did not arncar
! thlt II hnd h""n H"t2d iuon hy the Com
n""" anl lad been withdrawn.
In consequence OF his conclusions on
the question involved. the Chancellor
denied thu motion for II preliminary in
| Junction and ordered the dissolution of
the restraining order heretofore issued.
! About iifty-tive minutes were occupied
in rendering the decision. William $.
IIilles and Col. Benz. Nirlds attorneys
for the Peoples Railway Co. when the
decision WAS announced leaned over and
shock hands with each other. The de.
cision was ~ most popular one and the
4 news that the wilmington anu Brandy.
wine Springs Hallway would mt last bs
able To cnte" the city soon spread Ill
over town. Ii was not long before flags
were put ont or the Brandvwne Spring,
cars. u. w. Cook manager of the vii
rnngton n Brundywine Springs Railway
Co. said he felt very grateful over tht
fact that after struggle Of 10 year,
the right of way into the city had at last
been granted.
Willard Salisbury attorney for the vii
mington City Railway Co. said yester
day afternoon that an appeal would b,
taken to the Supreme Court.
1t was reported last night that ther,
was IL likelihood of the completion of tn,
road being indefinitely delayed. 1t wa,
stated that nS soon rs tn" new road ut
TEMPTED ~ clnsS the tracks Of the vii
min@ton CITY Halfway Go. ut any noin
that company would get out an iniunc
tion and lie ZIP the work.
The matter would then come up in til,
conrtS and long DELAYS enSue.
u was also reported last night that til,
Wilmington and New Castle Ront
wonld now make an attempt TO enter tn,
city.