Evening journal., 1900-05-29
RIGHT TO USE
CITY'S STREETS
Chancellor Hears Argument
in Railway Case
EXCLUSIVE RIGHT Az ISSUE
Wilmington City Railway Company
ReyiYeS Former ClaimS-DeniaIS
By Peoples Company
EXCLUSIVE RIGHT At ISSUE

Argument on the application of the
Wilmington City Railway Company for
an injunction against the Peoples
Railway Co. to prevent the latter from
building railway lines on the streets
Of this city was begun before Chancel- /
lor Nicholson in the Court House this
morning Representing the complain
ant, Willard Salisbury, attorney, and
/ Nice-President Henry c. Moore were
present William S. Hilles and Benja-
min Nields, attorneys, and General
4 Manager Richard w. Crook wosel
present in behalf Of the Peoples Rail-
way Company
In introducing the argument Mr.
Salisbury read the application for thel
injunction, in which the ground ON
which the action was taken is that the
/ Wilmington City Railway Company, a.
corporation of the State Of Delaware,
has completed and operates thirty
miles Of railway track in this city;
that it could not for twenty years al
ter its incorporation February 4, 1864,
earn or pay any dividends for its
stockholders, and that it was the third
i city railway company in the United
States to adopt the trolley system Of
lIrCpelling its cars by electricity, to-
furnish rapid, safe, cheap and con-
Yenient transportation, and the city
has been benefited thereby; that 1t has
supplied the demand for transporta-
: tion, and has not been requested by
the city authorities to further extend
its lines: but has actually been refused
! permission to extend, and has, in some
cases, met with strong opposition to
> increase its mileage in the city; that
this company was given in its charter
the exclusive right and privilege OF
building and operating a street railway
!, within the limits of the city of VIII
mington; that this exclusive right was
a special inducement and consideration
held out and given to procure the build
, ing Of a street railway in this city in
the year 1864; that this company is
entitled under its charter to the in
come, earnings and tolls which can
be secured from city or street railway
business within the city Of Wilmington,
as against the respondent, or any other
person whomsoever, and should not be
interfered with either BY crossing OF
its lines within the said city by any
a other railway which would cause de-
s lays and dangers in the operation Of its
n
d the trade or traffic, freight or passen-
ger; that the Peoples Railway Com
Z pany has attempted to acquire rights
and franchises to build certain city
0 railways in the city Of Wilmington;
s that the alleged charter of the said
3 Peoples Railway Company is illegal
and void, as is also the pretended con-
sent obtained from the Street and
Sewer Department
MR.. HILLES MAKES REPLY.
In reply Mr. Hilles. for the People
railway, admitted that the General AS
I sembly had granted a charter to the
p complainant, but whether or not il
s was properly incorporated the defend
' ant knoweth not" that the defendant
4 is not concerned with the past history
Of the complainant, and denies thai
the complainant was in any way au-
thorized to use electricity or meet the
public demand for transportation, as
ehai ters were granted TO the Whining.
ton, Shellpot and Edge Moor Passenger
{ Railway Company, the Front anC
Union Street Railway Company. the
n Wilmington and Brandywine Passenger
l. Railway Company, the Eighth Street
:. 4 Passenger Railway Company. the Viii.
mington and New Castle Electric Rail.
way Company, 10 use the streets OF
Wilmington; that the defendant denie.
Y that the complainant was given the ex.
- elusive right and privilege Of building
y and operating street railways i'm vii.
Y mngton; that the complainant is oper.
a ating a vely large, if not the larger
Is part of the lines Of railway, undei
'6 charters ether than its own; thatthe dc.
3 fendant denies that the complainant j.
a entitled TO the income, earnings ant
Y tolls, and that in crossing the lines oil
the complainant it win cause delays oi
% dangers in operation; that the defend.
Is ant has complied with the provisions 81
l6 the General Corporation law; that ths
"A defendant has no intention to build ia
Is lines across The tracks of the complain.
a aut, except by agreement with the sait
,2I complainant; as to delays. removing
l5 of portions Of the latters tracks. etc.
"a ard denies that it viii otherwise inter
j fere with. hinder or delay the opera
q ton Of the cars of the complainant oi
e interfere viii cut or remove any pnr
vs. ti'ns OF the .iolley wires of the sale
" complainant, excepting as the same
v may be necessary or proper TO carr,
IS nut the lawful purposes OF this dc
II fendant.
D6 AT'FlDAVITS FILED.
u MIR. Salisbury then fled afidavits 8
Thomas S. Bcllah. secretary and treas
y urer Joseph G. Lugar. general super
Is intendent; iChn A. Rigg. president
I5 Henry c. Mtsre, vice-president Of thi
- Wilmington City Railway Company
IS Harvey J. Wiley, secretary Of th'
"A Street and Sewer Department. Mr.
l6 lIilles iiled the affidavit Of Leslie V
II Christy. assistant secretary of th'
Street end Sewer Department, and
% certified copy of the charter of th'
y Peoples Railway Company.
l4 In Mr.. Saulsbury's brief he include,
N the exclusive right of the complainant
a the invalidity Of the charter Of the re
a spundent; the invalidity of the Stree
b and Sewer Departments right to giv
,7 consent for use of streets to the re
spondeni, consent given by Street ant
20 Sewer Department to the Wilmington
a City Railway Company, November z
1899, was valid.
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