Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1900-01-20
RAILWAY TRACKS
WERE REMOVED
Street and Sewer Department
Today Took Up Rails on
West Sixth Street.
WORK BEGAN PROMPTLY
ONE HUNDRED MEN, UNDER d.
RECTION OF STREET COMMIs-
sIONER PIERSON, ENGAGED IN
THE WORK-NO RESTRAINING
ORDER ISSUED.

THE WORKING RESTRAINING
I ORDER ISSUED.
At three minutes past - o'clock to-
day 100 workmen, under direction OF
Street Commissioner Pierson, began
the tearing up Of the rails laid on West
Sixth street between Scott and Union
streets by the Wilmington City Rail-
way Company.
/ The work of removing the tracks be-
gan at Sixth and DUPONT streets and
the curve rails on the west side of Du-
Pont were soon taken out and placed
alongside OF the surb. The ties were
also removed and the street bed filled
lin. The straight rail on the east side
of Dupont street was allowed to re-
main.
In the meantime workmen were en-
gagged in removing the ties and rails
which had been laid on the surface OF
sixth street between Scott and Union
streets. The work progressed rapidly,
landry 4 o'clock the centre Of the street
was cleared.
Mr.. SIMMONS PRESENT.
President Simmons, Of the Street and
Il Sewer Department, was early upon the
scene and had a general supervision Of
the work. He said: "The department
believes it is right in the action it is
taking. No person or persons have the
right to tear up or obstruct a street in
1.-THE city of Wilmington without first
lcbtaining a permit from the Street and
lSewer Department. This the Whining
ton City Railway Company did not do.
2 If the company is so positive that II
5 has a right to proceed with this work
cannot see why it did not await the de-
1 lcision of the chancellor on the matter
5 land all this trouble. and expense would
D have been avoided. The speed with
. which the work Of removing the rails
lis nov progressing will probably re-
K duce the cost to $3.50. This, Of course
{ does not include the cost of removing
D the rails and ties from the street bed.
COMPANY MUST ACT.
Upon suggestion of President Sim
mons, the secretary of the Street aid
Sewer Department will address a COM
munication to the Wilmington City
Z Railway Company, notifying it that the
: rails and ties must be removed from
West Sixth street within fOrty-eighi
: hours after it is in receipt of the no
tice or they will be seized by the de-
partment and placed in its storehouse
: The communication will be sent this
afternoon.
f NO OPPOSITION.
4 A number of people cOngregated IN
: the vicinity of Sixth and DUPONT
j. streets expecting that trouble would
a larise but in this they were disappointed
as the work progressed without oppo-
sition. No representative of the rail
way company was present except Mr.
II lStell, who offered noobjectiCn to The
v lwork. Police Captain Kane was on thu
r ground in case any disturbance arose
n but his services were not required.
IS NO RESTRAINING ORDER.
Isl It is stated that Willsfdr Salisbury
= attorney for the Railway Company
ol lappeared before the chancellor in Do
y yer on Thursday and asked for re
"a lstraining order to prevent the Stree
land Sewer Department from taking u
the company's tracks.
Chancellor Nicholson refused the pc
tition on the ground that he could no
ie issue such an order when the action O
re the company was in direct violation I
IN a city ordinance.
IN The conference between members {
IN City Council and the Street and Sewe
e. Department, held in the mayors oi
a. fee last night, proved to be an intel
y esting one. Those present were Jane
Kane, Prince A. Mousely, James I
Oberly, George NJ. Fisher, Hamilto
Stewart and President W. S. Alexande
ad of City Council, and President Wilhal
ex Simmons, A. S. Webster and James ]
We Carter, of the Street and Sewer Depar
tic ment.
ed One point which seemed to have bee
us obscured before was that according
at the statements made in the meetir
he the present injunction proceeding
We brought by the city against the Wi
mington City aRilway Company to pr
vent it laying tracks on Sixth stree
RS were brought without the knowledge
,lv the Street and Sewer Departmer
ilv without it being consulted and ups
tor the advice of Assistant City Solicit
av Medford H. Cahoon.
mi President Simmons, Of the Street al
lat Sewer Department explained at leng
nd the position of the board relative to 4
Wilmington City Railway Compan
and stated that it was the expectati'
Of the directors when they ordered I
~ company to desist laying tracks
~ West Sixth street, and placed Superi
20 tendent Vandegrift under arrest, tn
~ the matter would be fought out in M
an sro nicipal Court. Someone, however, h
~ got out restraining order.
ad. THAT RESTRAINING ORDER.
Director Webster then said: ~
were not consulted regarding the orc
and knew nothing of II.
Ter Members of Council seemed 81
ton prised at this statement.
ing Mr.. Kane-I thought the may
hen signed the order by your direct.cn.
nee lir. Simmo mons-'Nc, sir.
Mr.. Kane--"It is known who sigr