Evening journal., 1900-01-04
RIGHT TO USE
ELECTRICITY
Mr.. Salisbury Urges the Point
Raised By the Brandywine
Springs Company
ATTORNEYS ARGUING TODAY

FILED AND NUMEROUS AU-
THoRITIEs CITED BEFORE
THE CHANCELLOR.
The legal battle between the Will
mington City Railway and the Will
mington and Brandywine Springs
Railway Company was resumed yester-
day afternoon before Chancellor Mich
olson.
Mr.. Salisbury, for the Wilmington
City Company, asked for time in which
to formulate reply to Mr.. Hilles' an
swer to Mr.. Saulsbury's bill of COM
plant. The chancellor held that the
document submitted by Mr. Hilles
should be considered as an answer and
refused Mr.. Saulsbury's request.
Mr.. Salisbury then read affidavitsto
show that the Wilmington and Brandy
wine Springs line was not really built
In the time specified by the charter.
These affidavits were also to the effect
that the Wilmington and Brandywine
Springs Railway has not yet built a
line in this city and has in fact not
built line further than Elaemere, the
tracks of the Wilmington and Elsmere
and the Wilmington City Railway
Company being used in reaching this
city. The persons who made the affi-
davits, Chief Engineer George H.
Boughmann, William B. Carswell, John
w. Stetser, Edward w. Mckee, Alex
ander johnson, f. ]. Jenney, George
Reed, Joseph Rawcliff, Edward Brook
elif, George w. Anderson, Harvey B.
Vandegrift, Charles p. Kitchens and
John Armstrong stated that on Decem-
Der 81, 1897, when the first car was run
over the road the line was not COM
pleted. The car was pulled by mules
and horses and pushed by a gang of
wOrkmen.
Thomas S. Bellah, secretary Of the
Wilmington City Company. said that
the Wilmington and Brandywine
Springs Company's line was started on
December ~, 1898, and continued run
ming for thirteen days. After that it
was stopped for three months and has
been operated steadily since. At these
times 1t could not have been Oper-
ated had it not received power
from the Wilmington City Rail-
way Company. Affidavits OF John A..
Rigg and II. c. Moore were also read.
Mr.. Hilles then read affidavits for
the Wilmington and Brandywine
Springs Company in reply. The first
was by Richard W. Crook, general
manager He said that every means
had been used by the Wilmington City
Railway Company to prevent his com
pany building its road. The road, he
said, would have been completed in
time had not the Wilmington City
Company secured an injunction, and
work was stopped On December 25,
1871 the injunction was modified so
that the work could go on, thus saving
tne charter. He said cars have always
Deen operated except when they were
forced to stop while repairs were being
made. The Sixth street road would
have been built had it not been for the
injunction. The delay is costing the
company large sums of money daily.
c. H. Mcdonald, w. H. Quigg, w. A. p.
Cook and J. 4. McElwee made affi-
davits saying that a car was run over
the road on December 81, 1897.
II. X. Fothergill, mechanical engi-
neer, made affidavit that prior to 1887
the Wilmington City Railway Com
pany used horses or mule power to
move its cars.
The AFFIDAVIT of Harvey J. WILEY
stated that there was no resolution au-
thorizing the Wilmington City Railway
Company to use Sixth street, nor ac.
ceptanoe Of such a resolution by the
Wilmington City Railway Company
o. the other hand there was a record
Of a resolution passed giving that au.
thority to the Wilmington and Bran.
DIVINE Springs Company, and the ac
eeptance of the provisions Of the reso
luton by the same company.
. Several affidavits were read in reply
10 those read by Mr.. Hilles
Chancellor Nicholson decided to hea
the arguments Of the attorneys Of botl
sides in the county court room thi
morning AL the books and paper
were moved from the Levy Court room
and Mr.. Salisbury began the citation
OF authorities Of the Wilmington Cit
Company to the exclusive use of tn
streets of Wilmington.
There were a number OF spectator
present in the court room throughou
the morning. e. ]. Moore, a directo
OF the Wilmington City Company, wa
within the bar railing. General Super
intendent Harvey B. Vandegrift, of th
Wilmington City Company; Presiden
Robert G. Justis, and General Manage
r. w. Crook, of the Wilmington an
Brandywine Springs Company, also o,
cupied seats within the enclosure.
Mr.. Salisbury occupied the who
session in presenting the points for h
company. They included the aulAorit
of the company to use exclusively N
streets OF the city. the rights to u.
electricity and the rights of the Sire
and Sewer Department to grant the III
of Sixth street to the Wilmington an
Brandywine Springs Company. NJ
Salisbury said that the phraseology
the charters Of the two compani
was different, in that the Street al
Sewer Department had the power
grant the privilege Of the use OF stree
to the city company, but that 1t h,
no right to grant such privilege to Il
Grandywine Springs Company unle
approved and signed by the mayo
and this would require the passage
an ordinance.
A. Johns, a Washington stenogr