Delaware gazette and state journal., 1900-01-25
be SIXTH STREET TROUBLE
Iscussed Friday Night at Con-
ference of City Officials.
FREET AND SEWER DIRECTORS
lot Changed in Determination
to See Law Upheld.
Ae General Superintendent OF the Will
SninEton City Railway Co. Claims That the
fracks We're Rightfu1ly Put on Sixth
5trcet, and Refuses To remove Them.

th street railway trouble, aud the
come of the meeting was that the
eet and Sewer Directors were not
!bred one whit from their purpose to
4 the law upheld. A leading question
the mind of some of the committee,
bn was as to the possibility of the
by being involved in expensive
tigation by reason of the stand taken,
ID the fact was brought out that the
order secured last Saturday
bek,ss after the department had
ID Superintendent Harvey b. Vande-
lift arrested for opening the led Of
|e street without n permit, was not
|oured Mt the instigation Of the de-
lrtment, and tLe directors denied all
Bponsibility for it. That order was
kned, it was stated, by Mayor
&hey, upon the advico of Assistant
{ty Solicitor Medfcrd II. Cahoon,
hing In place Of City Solicitor Henry
n Conrad. who was out of town.
bon the question Of expense involved
fthe possible tearing up of the tracks
3d ties, after the expected refusal of
IA Wilmington City Railway Go. to
N it, President William Simmons of
N department inquired whether it
IS not better to uphold the law even
ID did cost S400 or $500.
The meeting was held in the mayors
Ice. There were present Chairman
Inc and Messrs. Oberly, Mousley,
ioher and Stewart, of the committee,
Hi President of Council Alexander,
Mex -oificio member, and Street and
yer Directors Simmons, Webster and
tier. After Mr.. Kane had stated the
bet of the meeting. Mr.. Simmons
tied the incidents of Saturday week ;
upon learning that the city rail
E was laying tracks, he notified the
III of police and asked for officers to
bp 1t. Capt. Black was detailed and
yAnd Mr.. Simmons went to Sixth
"A du Pont streets. Mr.. Simmons
l6 the captain TO ask the man in
mae of the workmen il he had a
Mhit to use that street. No permit.
Vh he shown. The work went on
R{e Mr.. Vandegrift was talking with
prney Willard Salisbury by tele-
4he, until Mr.. Simmons ordered tile
k stopped, and when Vandegrift
NJ the men to resume, he was
<Bted.
nd. Simmons stated that the depurt-
M had expected to fight the case In
k8N M unicipal Court, bat somebody
Iok out restraining order, with no
Afuctions frem the department.
H6ctor Webster remarked: 1.-THE
NET and Sewer Department had
Ming to do with tho restraining
hairman Kane supposed Mayor
BY had signed it under the order of
department, and related that the
i}pr had told him he signed it to
ntinue until January 23d.
n reply to question of Mr..
H0Rrt's rs to legal instruction, Mr..
mnons said he went to City Solicitor
ftad Monday week and stated the
s&to him and usked him whether
8department had the authority and
WIN its side, to 90 there and remoy 9
bfails, provided the railway COM
Ice. The city solicitor said he
HlH look il up and on Tuesday
Mping told Mr.. Simmons that the
p2f tment could do it without ques-
,1& Thereupou the resolution was
Hpared directing the railway COM
pfto remove the rails by noon of
tufday and notifying it that ii it
18a to remove the rails the city
uld remove them. The resolution
Id Hpassed unanimously.
, 5ubpose, suggested Mr.. Stewart, the
eeef and Sewer Department would
, fhere and take up The tracks,
, ,pding S400 or $500, il the Chan
ap< decided against the department
;b6n who would pay il?
MI Simmons declared that the city
Ef4 street than MI. Stewart had to
, kifup Market. Then Mr.. Simmons
, nfinto some more history. relating
pn November 7th last the depart
Warranted to the Wilmington City
, ilWay Co. the right to use Sixth
/ Aeb: the secretary was instructed to
!. pnre a resolution em6odying the
/. dHions under which the grant was
i. d. The secretary conferred with
5nlembers of the department and
lr&fed the resolution. IL was sub
tt&1 to a representative of the Will
r. n8ton City Railway Co.. who read
g bna said that the Wilmington City
lhfay Go. would not aceept it. and
o 4 his taking it away with him was
9 uEeless trip. That resolution has
a ef been returned TO the derart-
a IT. The usual manner for handling
k h q matter is first to adopt a
10 tiob; then TO make the resolution
g lfthe conditions, which must be
j. pBted in writing and returned to
it department, before the right to
1t p tracks is fully granted, Mr,
IL pns told Councilman Stewart that
J, d the sameright under the law
u up Market street as the city
~ had to Sixth street. The Will
ii (tn Coal tias Co. and the tele-
1t {hId telephone companies always
m EAk permit before erecting their
m M The railway company has the
at Wfghts; but they have no right to
10 street unless granted permission
1. W& department.
or Fman Kane inquired whether, II
a! Wy railway company had returned
al additions il would still have had
b permit to open the street. Mr..
ons replied that in soma cases,
M a permit must he secured. He
Z" az tn4 CITY railway nau once
! u street without permission,
Il one was brought up, it being
:. to avoid any trouble. At the
Neeting of the department., (No-
u l4th, it revoked the resolution
ii 5Eember 7th and granted a fran.
"a ito the Wilmington and Brandy,
Ia Springs railway.
h, &ptor Simmons stated that he
to see Mr.. Conrad again Fri
MA the CITY solicitor told him thai