Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1900-03-01

Sole jurisdiction To the Campany-Boy
otner Interests VIII be Affected ii TINS
franchise Holds Good.
While few people are aware of it, yet
it is fact, that the grant made by the
Street and Sewer Department, on Feb.
ruary 9th, by the votes of Directors
Simmons and Webster. gives the Univer-
sal Conduit, Light, Heat and Power Co.
gives the company, provided the fran
-chise is legal, almost unlimited control
over every street. lane aud alley in Will
mington, as, by the resolution, the de-
partuient gives the company the right
to begin, as soon as $40, COO bond is
filed, 10 lay conduits. ducts or pipes 10
any number of streets, lanes or alleys
OF the city as the company may see fit
and prosecute the work at will, without
any further formaIity. Or it may erect
poles for wires on any number of streets.
The bond is simply fot the purpose OF
guaranteeing that the streets are TO be
restored to their former condition after
the work is done.
The grant also gives the company the
right to lay as many conduits or pipes
10 any street or streets as it desires. Ii
can fill any street full of such conduits
or pipes if it sees fit to do so. 1t can
also do this, so far as the Street and
Sewer Department is, concerned, with
out egard to water pipes. gas pines or
anything else now in the streets or
which may be put down hereafter. 1t
can use its discretion in overcoming
a1y difficulties which may be encoun,
tered. In other words. it is master of
the situation, and the Street and Sewer
Department, which is supposed to be
the custodian of the streets and other
highways, has no voice. provided The
grant stands, in any work the company
may undertake, no matter how great or
how much it may interfere with public
and private in ;erests, having surren.
dered this right by the resolution
granting the franchise.
Having this gigantic power, the
company can, if it sees fit, without ask
ing anybody. proceed to place obstruc.
ticns under the surface of tho streets
anywhere in the city, and it can work
around any mains or pipes now down
as it elects. 1t can arrange its conduits.
ducts or pipes so as to prevent other
pipes now down from being extended
in certain directions, by laying its
own pipes so as to form an obstruction.
As stated above, it can do all Of these
things without saying a word tc tho
Street and Sewer Department. while
other private corporations, without ax-
ception, are required to apply to the
| department for a permit each time they
desire TO open street for any purpose
whatever, whether the undertaking be
large or small. The following. from
the franchise granted by the depart
ment, gives this right: - and
upon the giving OF bond with surety
as aforesaid, the said company may at
once, without formal permit for that
purpose, proceed to act as above set
olth;' - that is, may proceed to open
the streets to put down conduits. ducts
or pipes, or erect poles on the streets
| wherever it sees fit.
Even the Water Department, city
body which must be making extern.
sIous almost continually. is required to
keep the Street and Sewer Depart
ment advised Of all street openings as
they are made. All private corpora.
tons, as stated above, must take out a
permit for all work which requires
the opening of streets, and the depart.
ment is supposed not to permit oEen
| ings to be made unless they are for the
public benefit o, for the benefit of in.
dividuals or corpor tians and do not
encroach upon the rights of the public.
| This rule applies TO the telephone
and telegraph companies, which must
have the special permission of the de.
| partmert before they can lay conduits
or erect poles in or on any highways.
1t has been the custom in the past, and
only few weeks ago there vas ar
instance which will serve as an illustra.
ton, to grant permission for only sc
much conduit laying as is TO be dons
| within a reasonable time after the per.
mission is given. A few weeks ago tbs
Delmarvia Telephone Go. asked per.
mission to lay conduits in a number o.
streets which were specified, Superin
teldent Wood was present at the meet
ing of the beard when the application
was made in writing, and the director:
asked him specifically what lines hi
desired to build first. He pointed out {
portion Of the streets named and sale
work would be done there first, but hi
could moi tell Just when the company
would be ready To begin the work. A;
q result, the company was given rermis
sion to lay cgnduits only in the street;
where work was 10 be done soon there
after, and Capt. Wood was instructed
TO ask for the other streets when hi
was ready for them. This was salts
factory, as assurance was given tina
permission to use the streets would b.
granted when the company was sure j
would occupy them and other interest!
would not he interfered with
This method is undoubtedly tine SAT,
method, and one calculated to hes
serve the interests of the public. Blu
why the Universal Conduit, Light
Heat and Power Co. has been giyeI
the right 10 use nj. nj the streets jus
whenever il Gets ready, and without re
gard for other considerations, is NOR,
than the average citizen can under
stand. Nor is it easily understood
why the department specifically stateS
in the grant that the company, uulikl
all others, would not be required to GO
permit when it desired to open {
street. 1t is obvious, however. tina
this proviso precludes the possibilit
of the company being refused permits
sion to open any street, no matter hoy
much any member of the department
or any other city official, private indi
yidnal or eorroration might object 70
some good reason to any street or poI
tion OF . street being opened. II th
company was required TO apply to tn
department for permit each time
desired to begin any work, it might b
necessary to show good cause for begin
ming such work, but the grant make
: this unnecessary.
just why the Street and Sewer De
: paEtment saw fit to surrender thi
, supervision over the streets has nc
: been EXPLAINED.