Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1900-01-11

untl was uIreCtOr OF bne II, w. ~ ID.
railroad and member Of its road com
mittee. and any statement that the
Brandywine Springs road was complete
and operated December 3lst, 1897, was
Ridiculous. He was president of the
city railway for q time aud he said that
the agreement between it and tho
Brandywine Springs rond was kept.
Several of the railroad men spoke OF
the danger Of crossings whero trolley
lines were under different management,
tho employees not being held by the
same rules. General Manager Lugar,
IN his affidavit, expressed himself as
giving little weight to General Mana
ger Sjrook's knowledge of electric rail
way construction. HIT EM.
Before tho atfidavits were taken up,
Mr.. Salisbury asked for time in which
&c prepsre denials Of allegations in the
respondents answer, but the court re-
fused his request.
The real Argument in the Chancery
proceedings, which involve the right
TO build a trolley road Oh Sixth street,
was begun before Chancellor Nicholson
Thursday, when Willard Salisbury,
of the Wilmington City Railway Co..
complainant IN the INJUNCTION case,
presented a lengthy brief and sup
ported it with arguments and autbori-
ties. Among the points which he dis
cussed was that of exclusive right to
build and operate street railways here
as claimed by his company, and that
for the oompany's right to use cleo
trioity, although its charter makes 10
express grant of that right.
While Mr.. Salisbury was speaking.
William s. Hilles, Benjamin Nields
-
anu 2ohn Z. Nieias' VINO are Working
Iogetner 10 nenalf OF Inc Wiimineion
anu branayWine SPRINGS 20. Maue
numerous NOTES anu occasionally mao
whlsfefed conference over some line OIL
argument
WI. oau,sDufy see aown me IoiioW-
ny grounos Ior tne apPiGsl,on Ior
reslraIning oroer upon tne bfanoJ~lne
oPrings company
Eaoiuslve r,gne OF oomEialnan1 TO
oPT9llaee 2 street railway 10 Wlimlnglo 9ii
lnaI sne consenI given 70 tne VII
nlng.oh ,Sl1y Nallway 20. on WOVEN.
az 81 W, to59' W eAtena lts Runway On
SixSn stIeet, Is vaid grant ana may
no ~, pe IMPAIRED.
lne acts charteriDg uelenuaut com
pany are VOID 1or non,perfornanoe Of
oonuitions preceuent. Inc ueienuant
- sueu as all unincorporateu associat'on
Vi persohs.
al 9eIenoant rigns 70 pullo Ok
plreo Januapy ISL, loSo; Contrao, oL
oelenuanG
On tne subject OF exclusive right,
MI. oaulspufy helo tnat the company
was nnooupteoly one created ior great
pnpn I., InproVemenl ana ny lts charter
Its Hie was inhue perpetual IneIe
Mas 10 prohiDItion 70 granting VI
hioq IN ID the Cons!itutioh OF 1901.
Al, Ing graht OF exelusiv9 rlghS was IN
ehe ioiIoWing words: me saia cor-
poIaelon shali nave tne exclusive rigne
anu privilege OF iocatlnR, constructing
operaling ana MAINTAINING CITY rail-
WAY a WltnIn 'ne Guy hmits.
Inere was no right OF Amending the
cnarter reserves py the legislature,
ana no anehoment, except such as
askeo Ior anu accepteo ~ tne company
nus evet peen passed ~ the LegIslatnre.
Inc WllnlngIon City hallWay 20.
leMos uPon 'nat Rrosis,os " he Con-
ssIeution q tne oniteo Ssales lsection
~, article I wnion declares tnat
| NO 5tate snali pass any
Jaw impairing the op,igaeion
| OF contracts, ana declares tnat its
onarter granted IN looa, wherein u
was grantee exclusive street railway
PrNlieges, Is CONTRACT Wnisn cannon
Ge vIolateu, impaired or aHecteo "
| ieglslat'on, apd that tne aot OF the
6eneral Assembly antnorlzing tne
axtand y M ~ ,;re op ;nt the citay 81 WI
,n;natan ~, IL ~ ENTHUSIASTICALLY ,nd ,n;a
re- ~ aroI,s;na us;n;iano ,a sna 'o; H.
a,,a nu ont, ~ na pit th me' on
mt,a go; "vsop' , ~. ,a,.. a. :
.,aht -, 10 , VIII sS;u VIC se
u sns ~ ns ,, uae ;n h i;n ., w
tic mower Of the I.eeislatnre cannot he
s,1ocessfullv questioned = y
Tho attorney cited the ease of tbe
| p w. Il p. Railroad C,u defendant
below. arnaIlant va Tbnmaa "
1 Rnwers nlaintiff below resnotiant in
tbis State. in which II was daoided
that the charter of a raiir,aA oonnanv
i "a "a ,,ontract between tha State and Az
comnanv w,tbin The nrobib;torv ciamse
of ,tba FedaraI Constitnt;on and anv
act III the f.eo;s,at,re hny;no +ba afiact
IN abr;doa nr rastr;,t anv rnrer o ~
nriyileee vested by The oharter which
Is nateriaI IN the henetic;al avarc;aa
rf fine franchise orantad ,yitbnnt III a
resarvation of tne riaht ~ rass sn,b
act and nassed witbnSt the c p1 ~
Inc cnn, n,,nn ;n,na;rs tba nbI;oation ~
ths contracf and ;a Invalid mba nart.
1 ,montb (,oileoe casa was c;te5 hy
1 Chancellor Bates in the case before The
4 Court Of Errors and Anneals
L -Nr--N = ~.'<N- So ..