The sun., 1900-01-15
CITY RAILWAY
RESTRAINED BY
MAYOR FAHEY
Preliminary Injunction Added
TO Power Of the Street
Directors.
HEARING FOR Mr.. EANDEGRiFT|
If Permanent Injunction Issues tho
City Railway Company VIII
be Compelled to Take mp
Track Already Placed
in Position.

Much to the surprise OF tile residents
Of this city and especially the Street and
Sewer Department, the Wilmington City
Railway Company on Saturday started
force Of l70 men, under Superintendent
Harvey +. Nandegrft, digging up the
rnadbed Of West Sixth street, between
Union ard Lincoln streets.
The work continued until about ,
o'clock when Street Commissioner Frank
w. Pierson heard OF the work. He COM
municate1 with the Street and Sewer
Department. Secretary Harvey J. Wiley
was instructed to send the following order
to Chief Of Police Dolan:
''.IouN F. DoLAN, ESQ,
DEAR SIR: We do hereby request that
you stop any persons laying or attempt
ing to lay any railway tracks or other
things, or in any manner disturbing the
bed Of Sixth street, as there has been no
authority given to do SO.
"By order OF the Street and Sewer De-
p2rtment.
HARVEY J. WILEY, Secretary.
Captain Black was sent to the scene
ot The work and ordered Superintendent
Nandegriit to stop the work. This he
refused to do. Re was arrested and held
in 500 bail tor city court today. Willard
Salisbury gave bond for his appear
ance.
Late Saturday night Chief Justice
Charles b. Lore issued tie following re-
strsining order:
"That the Wilmington City Railway
Company, without any warran: or au-
thoritv Of law whatsoever, is now en-
gagged in laying line Of railway track
on one of the public streets OF the said
CITY, to wit, Sixth street, and by SO doing
is ohsttucting the said street by tearing
up the bed thereof, placing ties, rails
and other distractions therein, contrary
to law, and threaten to continue so to do
unless retrained by the Injunction OF
this honorable court, thereby interrupt
ing travel, preventing the use of said
street, and causing irreparable injury to
said complainant.
That this complainant for the protec.
tion OF the interests of the public in said
street, and for preventing the injury re-
sulting from the unauthorized use OF the
street by the said defendant, is without
remedy save in this honorable court.
"The complainant prays that the said
the Wilmington City Railway Company,
may answer this its bill Of complaint,
answer under oath being expressly
waived.
"That the said The Wilmington City
Railway Company, its agents and ser
wants, may be perpetuallY restrained b.
the Injunction cf this honorable court
from tearing up, interfering with, o.
atructng or in any manner disturbing
the public easement in the said street,
and thai a preliminary injunction may
issue to restrain the said defendant, its
agents and servants, in like mauner
until the further order OF the Chancellor.
THAT the said defendant be decreed
to remove from the said street forthwith
any tracks, rails, ties or other obstrnc.
tions placed thereon contrary to law"
The restraining order was seryed or
Preston lea and General Manager John
c. Lugar.
This preliminary injunction OF course
caused all work to cease. 1t is returnable
on January 25 at Dover.