Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1900-12-27
0XY-HYDR0GEN GO.
81 WANTS MANDAMUS
TO Compel City Of Wilmington to Lei
It Open Streets to Lay Pipes.
SUPERIOR COURT ISSUES
A RULE TO SHOW CAUSE
Which Is Made Returnable On
February 4th.
DIVORCE REFUSED DOLAN VS.. DOLAN

Following the suggestion of Chancel-
lor John n. Nicholson, in his decision
on injunction proceedings in the case
of the City of Wilmington vs.. J.
Edward Addicks, ct al, Known as the
Oxy-Hydrogen case, Herbert H. Ward,
attorney for the gas company, applied
to Superior Court Saturday for man.
damus to compel the city to grant the
company a franchise. A rule was
granted requiring the Street and Sewer
Department to show cause why man
damus should not he issued, and made
returnable Monday, February 4th.
As it goes into Superior Court, the
case bears this title: The State Of
Delaware, upon tho relation OF Oxy-
Hydrogen Go. of the State Of Della.
ware, and John Edward Addicks vs..
and James ID. Garter, constituting the
Board of Directors Of the Street and
Sewer Department. of the City of Will
mington.
The application fecites that the Oxy
Hydrogen Co. was Incorporated April
3D., 1873, and organized before August
9th, 1890
That on August 9th, 1890, the COM
pany entered into contract with John
Edward Addicss, that he should, In
consideration Of $500, 900 OF 6 per cent
bonds, and 100000 at par of the capi.
tai stock of the company, build for it
complete gas works in the said city
Of Wilmington, and lay 10 miles OF
suitable main pipes in the streets and
five hundred services and meters, and
restore ths streets to good condition.
As part Of said contract, the company
guaranteed to Addicks free and unre-
stricted access to the streets of the city,
for the purpose Of laying pipes; that
under and by virtue of said contract,
the Addioks proceeded with the
building of gas works for said com
pany, and on or before March 30th, 1891
completed gas holder upon tract Of
land containing five and forty mine one
hundredths acres Of land on the marsh
lanu adjoining lands of the Harlan 4
Hollingsworth Go. in the city, which
tracs of land was subsequently conveyed
to the company. Addicks having ac
quiied vested rights under said cen
tract, demanded that said company full
fill its contract by obtaining for him
the right to enter the streets Of sale
city of Wilmington.
That prior to May 18th, 1890, appli
cation was made by and in behalf o.
said company to the then Board o
Directors of the Street and Sewer De
partment Of Wilmington, Delaware
for permit to open the bed of Shiple.
street for the purpose Of laying ga
pipes therein; that said application
was refused the same day. That there
after, and before the fifth day o
August. 1890 further verbal application
was made 10 behalf OF said company t,
said Board of Directors OF the Stree
and Sewer Department Of the city 0
Wilmington for "a permit to lay go
pipes on Monroe street in the said cit
of Wilmington, which application wa
refused the same day.
That permission was refused ais
December 2lst, 1892; that permission
was asked In May, 1899, to which n
reply was received.
That the company expended in prep
aration for the due performances of it
corporate. powers, a large sum 9
money; that the refusals to Termit
to entet vi on the streets have been G
great detriment to the company.
That on or about March 3lst, 1891
upon the attempt of the company I
open Liberty street a preliminary ii
junction was granted: under tie il
junction as amended, AddicSs aud th
COMPANY were restrained from enterin
upon the streets until the compan
should apply to the Superior Court ft
writ of peremptory mandalnus upo
the Street aud Sewer Directors con
manding them to grant the compar
permit to enter upon the streets.
A mandamus is therefore prayed fo
The petition is signed by j. Edwai
Addicks and the Oxy-H Hydrogen Go
by W. "a. Miller, secretary and trea
urer.
These proceedings will eventual
bring decision, it is supposed, {
the strength Of the Oxy-Hydrogt
Co.'s charter, the question beir
whether its charter does not give it
right to use the city streets irrespe
tive of the action of the Street ar
Eawer Denartment