The sun., 1900-04-12
Gan NOT ENTER THE CITY
Chancellor Nicholson EnjOins
the Wilmington and Brandy
wine Springs Company.
COMPANY'S RIGHTS FORFEITED
Result of the Injunction Case is a
Victory for the Wilmington City
Company Although Its En-
elusive Rights Claim Re-
ceiyes a Shock.

Chancellor Nicholson yesterday gram
ed preliminary Injunction restraining
he Wilmington and Brandywine Springs
Railway Company from constructing and
operating trolley line in the city of
Wilmington.
The injunction was consequent to
decision handed down by the Chancellor
in the Court of Chancery Yesterday
morning in the case of the Wilmington
City Railway Company VS.. the Will
mington and Brandywine Springs Rail
way Company. Although the decision
| is a victory for the Wilmington City
| Railway, its effect is blow to the claim
Of exclusive rights put forth by the City
Railway.
The Chancellor decides that the viii
mington City Railway had exclu;iv
rights in Wilmington until the Legisla-
ture, in effect revoked such rights by
granting a charter to the Wilmington
and Brandywire Springs Railway Com
psny, which contained provision that
il night, under permission, extend its
| line into Wilmington; that the Legsa-
ture had the right under the Constitu-
ton oi 1881, to revoke the exclu, i've
rights OF the Wilmington City Railway
Company, which privilege was prarted
by the General Assembly of 1861; that
the Wilmington and Brandywine Springs
Railway Company forfeited its rights
and privileges because it failed to con-
struct and operate it's road in accordance
with the requirements OF its charter
within tine time limited, and that the
Wilmington City Company had stand
ing in the Court Of Equity TO raise these
questions in a bill for injunction to re-
strain the Brandywine Springs Company
from entering the CITY.
The Chancellor holds that because of
the twenty-five year traffic agreement
between the two companies, the Brandy
wine Springs Company had no right to
deprive itself OF franchise accompanied
( by public duty, such as the construc-
tion and operation of railway.
On November 81, the Wilmington City
Z Company filed bill of complaint in the
/. Court OF Chancery, asking that the Will
!, mington x Brandywine Springs Com
( pany, which had secured permission &c
. build trolley line on Sixth street, be
!, restrained by an injunction OF the Conrt
( from constructing and operating line
|. within the city limits. A rule to sh"w
!, cause why preliminary injunction
< should not be granted was issued, ono
!. the Rrandywine Springs Company vas
| li'JlH pIJCrtllhg Nibli bb'
( work until the determination Of thu
!. suit.
The respondent company filed its an
Z swer on January ;, and subsequently
! Chancellor Nicholson heard ali exhaus
tive argument, Willard Salisbury rnpre,
senting the City Railway, and William
5. IIlllrs and Colonel Benz min Nields
appearing for the Brandy wine Springs
: Company.
Future Steps in the Case.
: To all appearances there will be {
future to this railway case. Citizen!
, generally are dispeased With the Chan
: ccllor's decision and the directors OF The
Brandywine Springs Company with tht
support of the public seem determined
to continue the fight. Several steps are
possible. Tie next step in the il juno
tion inst issued will be the appointment
/ of an examiner to take testimony in the
case. He will return that testimony anC
the Chancellor will make final decree
q granting perpetual injunction on the
! lines of yesterdays decision.
A conference was held at the office o.
William S. Ililles, the counsel for the
Springs road. Thomas McCulkle and
, Manager Richard w. Crook were pres
ent. Although the directors would not
! reveal the future policy yesterday, the
. Wilmington and Brandywine Springs
Company will probably take an appeal
| to the Supreme Court of the State, which
! will review the Chancellor's decision
Either party dissatisfied with the deci
sion of the Supreme Court of the State
can then appeal to the Supreme Court oi
the United States for final adjudication.
Meanwhile no road can be built on
. Sixth street. Two other cases are pend.
ing in Chancery, that of the Brandywine
Springs Co. vs. the CITY Railway, and
that of the City of Wilmington vs. the
City Railway, both of them involving
+. the nse of Sixth street.
} After the granting OF the preliminary
! injunction, the court fixed the bond Of
the Wilmington City Railway Co during
: the continuance of the suit at $50, 600.
S The court adjourned until the first
8 Monday in May.
WILLIAM GOLDING DEAD.