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

|IXROuhot at JVStOth1y VIVA .
of the Cours Of Chancery il the
potion case of the Wilmington City
way Co. va. tho Wilmington Il
bdywine Springs Railway Co., which
decide the question vi whether or
the Braudywiuo Springs company
be allowed to construct and oper
n line on Sixth street. Although
chief subject for consideration will
10 is expected, tho claim of tho city
way to exclusive rights and prisi-
IS to build and operate street rail
Is within this city, yet the old com-
n is striving to show that the Bran
line SPRINGS company failed 10 meet
terms laid upon IL by the Legisla-
and that therefore the acts relat-
thereto are Of no effect. f.f
Il was on this point that tho battle
lie, afiidayits was to q largo extent
Rht yesterday week. Willard
Ilshury, for the city railway, had,a
ple string of aflidnyits to show that
Mi only did the Brandywine Springs
|l11pany fail to have Its road in opera
I1n prior to January 1st, 1893, the
lt fixed by the charter, but that it
not have it in operation until the
of 1888 Some of them, moreover,
Fred that the road was never built
rer to the junction OF Union street
ID the city line than Elsmere, and
St the Brnndywine Springs company
Yer did operate its own line between
mere and this city, the line it uses
n being the Wilmington II Elsmere
p, under traffic agreement
Civil Engineer William B. Carswell
3 one OF those who swore to the con-
lions existing along tho route of the
w road ON December 3lst, 1897, when
b first trip was made to save the
hrter. The start had been made from
hndywine Springs before Mr.. Cars
rs arrival ON the scene, but he saw
! car, which had formerly belonged
~ the Philadelphia Traction Co.,
kwn by mules, and party of men
th it. His appearance seemed to ex-
<e some alarm as we'll as profanity,
he said that one Charles Atmoie,
REPRESENTATIVE Of the contractors, came
f|th pick handle towards him. Mr..
rs veil vas carrying camera which
tmed to cause n furry, and he said
Hiking boss was sent to keep him
In taking pictures. Mr.. Atmore,
E]wever, did afterwards permit him to
lie a view of the car. And he
&rped his kodak at other times unob-
we'd. MIR. Carswell watched the un-
|7en progress Of the car over portion
|l>the road. From his statement there
. - no real operation of the line up to
|.buary 10th following.
f others who were represented In affi-
Tits were Chief Engineer George HI.
1pghman, Civil Engineer I. Gordon
hnoy, Daniel w. Taylor, John w.
User, Edward W. Mckee, Alexander
Rnson, George Reed, Photographer
rry Butcher, who took five pictures
The neighborhood of the overhead
bye near Elsmere on January LIST,
b; Joshua Rawcliff, conductor on
Elsmere line; Edward Brooks, who
employed by the Drandywine
tings railway; George w. Anderson,
ity, railway motorman; Superintend-
Al Harvey B. Vandegrift of the city
way, Charles p Kitchens, motor
"a on Elsmere line John E. Arm
6ng, employed as trackman by the
5ndywine Spi ings road; Thomas s.
lah, secretary and treasurer of the
railway; Henry @. Moore, vice.
sident, and John A. Rigg, president
Jhe old company.
b lrom the account Of the first trip. as
[|1bn in some OF the aiiidavits, horses
2j|1 mules, negroes and Italians worked
|I96ther to get the Car over the line |;
4 Nome places, the car was drawn over
Htden stringers instead of rails, and
bn the car would sink into the mud.
LES, mules and woTkmen had strug-
+ <to get it out. .l.
r bout the worst place was at and
h ! the county bridge over the Will
N q ton IL Northern tracks near Els
|yzk<e and the crossing OF the new line
~ M the tracks of the Wilmington &
|1i1mere road. A Altogether IL took posi-
I1J9 Blk hours to make the run from
2fbdywine Springs to Sixth and
3f1anhill avenue. There the car re-
h he'd until January 9Th, when its
9|5S was carried away in wagon to
NJ " Bratton farIn and it has not since
8if1 used. =
" tcording to the affidavit of MIR. Bel
|IlIithe road went into operation De-
|'IHlber 18th, 1893, and continued in
! 1<ntion until the oath and then
\ ned until March 22d, 1899. He said
5l]S( it was and is operated by power
fi(SNished by the city railway. He de-.
dI={sd that the contract between the
gf companies had been kept by the
\ ~ railway.
] pme comment was caused by two
"a tnvits of Harvey j. Wiley, secretary
tic Street and Sewer Department.
[j1e read by Mr.. Salisbury announced
|@H at u meeting of the board on
75tember It'll, on motion Of Mr.. Wei
Ss seconded by Mr.. Carter, the Will
Ii1Et gton City Railway Go. received per-
i {sion to lay tracks on Sixth street
7/0 ON November 14th, on motion OF
Webster, seconded by MI. Sim
ia, this action was reconsidered and
pission to use Sixth street granted
he Brandywino Springs 20 Mr..
ly's other affidavit, read later by Mr..
rs, for the respondents, announced
M the department Eassed no rssolu-
& granting to the city railway the
)t to Sixth street, and no resolution
Mat effect was ever accepted by the
8pany.
residont Rigg swore that he believed
ILL., city railway as good as il was pos
!, @e to have in city with popula-
NA no greater than this $50
r, Hilles read tho affidayits in be-
"a of the respondent, the first being
To Of General Manager Richard W.
box, who declared that the city rail
~ had tried to hinder the construo-
"a of tho road. Although the line
3 not altogether straight at the du
pt road, yet it was operated on De.
fnber 3lst, 1897. Mr.. Hilles related
a fact that the Brandywine. Springs
sd was enioined by the Esmere lien
IL Mr.. Foreman from laying its tracks
ross tho Elsmere line and on the du
bpt road on December 25th, 1897, hut
bat on December Both, the Cbapcellor