Evening journal., 1900-04-24
SPRINGS COMP ANY
SHOWS FIGHT
Objects to Use Of Sixth
Street By City Railway.
Regards the Claim Of Old Company as
MOnStrOuS-Letter Presented to Street
and Sewer Directors.


ton and Brandywine Springs Railway
Company do not intend to sit IDLY by
and allow the Wilmington City Rail-
way Company to occupy Sixth street
for track purposes. was evinced by the
following letter, presented to and read
before the directors Of the Street and
Sewer Departmnt at their meeting this
morning:
To the Directors of the Street and
Sewer Department Of the City OF
Wilmington.
Gentlemen: In all Of the litigation
now pending between this companyl
and the Wilmington City Railway
Company, 1t has never been the policy
of this company to pay any attention
to statements made by the Wilmington
City Railway Company, or its agents
but we believe that the communication
Of the Wilmington City Railway Com
pany Of April l6 to your body should
not remain unnOticed.
While this company is carrying on
the present fight for the purpose Of Sc
curing what it believes TO be its char
ter rights, we believe that the interests
OF the people Of the city of Whining
ton are vitality linked with those of
this company and the future prosper
ity of this city very largely dependent
upon the result Of what may now be
done. The Wilmington City Railway
Company claims the exclusive right tol
use the streets of the city of Whining
ton for railway purposes, not only asl
against the Wilmington and Brandy
wine Springs Railway Company, but
} as against any other roads now or
hereafter to be organized in other
words, it claims to practically be able
to exclude for all time any competi-
ton and to have the entire control Of
the railway traffic in this city. 1t Isl
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 ac-
ton on the part of your department,
and therefore we respectfully protest
against the withdrawal of the present
proceedings restraining the Whining
ton City railway Company from using
Sixth street, which that company at
tempted to do in utter disregard of the
laws Of this state and city, and with
out any warrant Of law whatever.
While we, with due respect to the
opinion of the chancellor lately rem
dered, do not consider that that Opin-
ion correctly states the law, until re-
yersed by the Supreme Court OF this
Estate, or modified by the chancellor in
bis final decision OF the cause before
him, it remains as a part Of the law,
which we will of course obey. We sim
llr,1r sfrtor Duf1
way Company may not, until these
Questions are finally settled, have the
fright to use Sixth street, the only pos
lsible avenue by which this railway can
ever hope to get into the city of Will
mington. In the light OF the past ac-
tons Of the Wilmington City Railway
Company in the matter of the use OF
Sixth street, we are not surprised at
their communication addressed to you.
but we will certainly be surprised ii the
people of this community will submit
to any such claim as that made there
IN.
In this connection it may be well to
d understand, first. that the decision Of
the chancellor is only preliminary de-
cision, and in no sense determines the
/, final rights, Of the parties; and, second,
that Sixth street, if given over to the
Wilmington City Railway Company,
/, will determine the question of the
right of this company outside of the
courts, and before the matter has been
= finally determined. Two railway com
- panies cannot occupy Sixth street; this
company desires to use It because It is
the only avenue by which it can get
" into the city of Wilmington under its
: charter, and the Wilmington City Rail
way Company never desired to use that
street, or made application therefor
until it was informed and knew that
this company was about TO make thai
q application. and its sole pHrpose is tC
exclude this company from the use Of
that street.
Another matter which should be call.
ed to the attention of your board is the
following: In the present incorpOra'
4 ton law, which is the only one under
which a railway company can be in.
! corporated in this state, there was in
serted a clause, by influences which
are not far to seek, providing that NJ
railway should be authorized or EN-
powered, nor should any consent or au
p thCrization of any board of Officiall
of any city. county or hundred be helG
20 authorize any railway to be con
l. structed, maintained or operated upOI
any street upon which any track Il
now laid A little consideration vii
chow that Sixth street is the onl,
street in the city Of Wilmington upoI
!, which a new railway line can be bull
IS under the provisions of the law. Shoul'
Y the Wilmington City Railway Compan,
]. be allowed to place its track upon tha
? street no new corporation can ever us
e it for railway purposes as the law no,
l. stands. Your board is perfectly famil
( lar with the efforts which have bee
made during the past few years by tn
Wilmington City Railway Company {
construct tracks. or obtain permissio
10 10 construct tracks, upon the street
u OF this city in such a way as to max
I, competition impossible. How well
/, has succeeded in this effort an exami
= ton OF the city map will show, bu
!, this city map must be taken in cor
nectiOn with those rights heretofoI
granted 10 the Wilmington City Raj
way Company of which it' has nevf
= availed itself, and of which 1t neve