Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1900-04-26
NEW STREET RAILWAY co.
Citizens Traction Co. Wants to Lay Track
All Over the City.

directors OF tne Streeb anu EoWu. ~
partinent at the weekly meeting tues
! day morning.
A new company, the Citizens
Traction Co., through its attorney,
Tilghman Johnston, sent letter TO
the board notifying it that in the near
| fnture the company, having mapped
out general railway system in The
city, will make application for ger
mission to lay tracks or Second, Sixth,
| Seventh, Ninth, Jefferson. Broome,
Poplar, King, Shipley and Washington
| streets, Pennsylvania and Elliott ave-
nues and the Boulevard. The letter
| was filed.
After the meeting Mr.. Johnston was
asked by reporter Of The Gazette
| for information concerning the new
company, but he said he was not IN
a position to make any statement con-
corning it at this time.
BRAxDYwrSE SPRINGS PROTEST.
A letter from President Robert Q.
Justis of the Wilmington Il Brandy;
! wine Springs Railway Co. was read
letter Of the Wilmington City Railway
Go. and said:
THE Wilmington City Railway Co..
claims the exclusive right Ia use the
streets of the city Of Wilmington for
railway purposes, net only as against
the Wilmington Il Brandywine Springs
Railway Co., but as against any other
roads now or hereafter to lie organized;
in other words, 1t claims to practically
be able TO exclude foI all time any
competition and to have the entire con-
troll Of the railway traffic in this city.
1t Is against this claim, which strikes
this company as monstrous, that we
have been fighting and against which
we propose to continue the fight until
it is finally settled one way or another
in the courts. This we can and will
! do, providing our hands are not tied
by action on the part Of your depart.
ment, and therefore We respectfully
protest against the withdrawal OF the
present proceedings restraining the
Wilmington City Railway Go. from
using Sixth street. which that COM
pany attempted to do in utter d $.
regard of the laws of this State and
city, and without any warrant of law
whatever.
J "While We. with due respect to the
opinion of the Chancellor, lately rem
, dered, do not consider that that opinion
city states :he law, until revised by
the Supreme Court Of this State. or
modified by the hancello, in his final
decision OF the cause before him. il
i remains as a part OF the law, which
/ we will of course obey. We simply ask
that the Wilmington City Railway Co.
may not until these questions ait
finally settled have The right TO use
. Sixth strest. the only possible avenu,
D by which this railway can ever hopt
5 to got into the city of Wilmington. lr
the light of past actions of the Viii
mingtop City Railway Co. in the
. matter of the use of Sixth street w
q are not surprised at their communi
:. cation addressed to you, but we vii
certainly be surprised IL the people o
: this community will submit to an,
a such claim as that made therein.
o "ln this connection 1t may be well t
!, understand, first, that the decision o
: the Chancellor is only preliminar.
decision, and in no sense determine
s the final rights of the parties, and
: second, that Sixth street if given owe
L to the Wilmington City Railway Co
7 will determine the question of tn
7 right Of this company outside Of tn
! courts, and before the matter has beef
s finally determined. Two railway com
It panies cannot occupy Sixth street; thi
It company desires to use it because il !
@ the only avenue by which it can &c
. into the city of Wilmington under it
charter, land the Wilmington City Rail
d way Go. never desired to use the street
n or made application therefor. until
- was informed and knew that this com
" pany was about to make that az
l. Elication, and its sole purpose is I
Is exclude this company from the use c
IS that street.
Another matter which should b
a. called to the attention of your boar
, is the following: In the present il
corporation law, which is the only on
70 under which railway company can b
20 inserted q clause, by influences whic
ic arc not far to Seek providing that u
railway should be authorized or en-
powered. nor should any consent {
pf authorization Of any board or otlicia
.. of any city, county or hundred be hel
TO authorize any railway to he col
u structed, maintained or operated upo
10 any street upon which any track
~ row laid. A little consideration wi
L, show that Sixth street is the onl
NJ street in the city of Wilmington uro
which new railway line can be bui
under the provisions of the law. Shoul
tho Wilmington City Railway Co.
allowed to place its tracks upon thu
=. street no new corporation Tan over III
it for railway purposes as the law no
,o stands. Yorr board is perfectly famiii
20 with the efforts which have been mac
~ during the past few years by the Wi
u, ~ mington City Railway Co. to constru
-. eS tracks, or obtain permission to col
hhe struct tracks. upon the streets Of tn
~ city in such way az to make con
~ petition impossible. How we'll it hi
= succeeded in his effort an examinatic
~ of the city man will show, but tn
H. u. city map must be taken in connectit
Lo with those rights heretofore granted
-. the Wilmington City Railway Co.
-. which 1t has never availed itself uni
in it is brought face to face with son
~ competition. II the people CT this ci
- were familiar with the unused RICH
~ claimed by the Wilmington City RAJ
'i' way Co. they would have a bett
no understanding of the situation.
IN, 1--WE believe that we are entitled
~ use Sixth street under our charte
Of We propose, as speedily as possible,
ms have this question determined by Il
highest tribunals of this State, who
ba decision alone can be final. We W
ie. use every possible means 10 expedi
the determination of this auestio
NO until which time we respectfully insi
nf that matters should remain as they nc
sts are, and that no action should be tax
.y by your board to change the sItuatio
sis We are ready and willing TO fight tt
~ hnttle 10 its cOncusion hut ne n,