Evening journal., 1900-04-11
DECISION FOR
WILMINGTON CITY
This Prevents Wilmington and
Brandywine Springs Company
From Using Sixth Street.
oCCAsIoNED MUCH SURPRISE

AND OTHERS THAT THE DECIS-
ION WOULD BE IN FAVOR OF
THE RURAL COMPANY.
The Wilmington City Railway Com
pany owns the streets Of the city OF
Wilmington for the present.
Chancellor Nicholson so decided this
morning, when in handing down the
long delayed opinion in the Injunction
suit of the Wilmington City Railway
Company VS.. the Wilmington and Bran
dywine Springs Company, he granted
the order restraining the new company
from continuing the work of building
its line on Sixth street.
The decision of the chancellor, which
bars out the city OF Whining
ton and Brandywine Springs Com
pany, Delaware corporation, fell like
thunder clap out of a clear sky upon
the beyy Of lawyers and business men
who occupied the chairs within the bar
OF the county court room. in which
the chancellor sat. 1t was a shocking
surprise to William S. Hilles and Ben
jamin Nields, who had presented the
defendant company's case before the
court, and TO disinterested parties.
Both in the court room and on the
street, it was received with condemna-
tion which is seldom called forth by
any judicial act.
Chancery Court opened promptly at
10 o'clock. Half an hour before that
time Chancellor Nicholson reached the
building, and, going to the judges par
lor on the second floor, met Justice
Grubb and several newspaper men. to
whom he chatted pleasantly. The vo-
luminous opinion, typewriter and I'M
condition for delivery, he held in his
hand and in reply to a reporters ques-
tion said the opinion would be an
nouneed shortly after 10 o'clock, and
il was. Messrs. Salisbury, Hilles and
Nields sat near the bench and listened
to every word OF the deciding docu-
ment. Nearby sat officials OF the Will
mington and Brandywine Springs Co
Manager Richard w. Crook the presi-
dent Of the company. and DR.. L. H..
Ball, it's treasurer. The Wilmington
City Railway Company was represent
ed by Mr.. Salisbury alone,
Twenty pages Of the opinion are de-
voted to a discussion OF the Whining
ton City Companys claim to an exclu-
sive right to occupy the citys streets
for street railway purposes; the CON
clusion being that ii does not possess
such exclusive right, the power of re-
vocation being with the Legislature.
As to the right of the Wilmington
and Brandywine Springs Company to
enter the city. the chancellor finds that
the charter and its supplements made
that conditional upon completion of
the line to the boundary OF the city at
Onion street, by the first day OF Janu-
airy, 1898; that the company failed to
comply with that indispensable condi-
ton; that therefore its charter is for
feited so far as it covered the streets
within the city.
The opinion of the chancellor which
closes to the Wilmington and Brandy
wine Springs Company the streets of
the city for several years at least, Is
based mainly on the complainant
company's charter which the court
holds to be an exclusive one except
when revoked by the Legislature. This
was the subject Of much argument byl
Messrs. Hilles and Nields, when thel
case was being argued before thel
court, and il was the opinion of many
members of the bar that they had sue
ceeded in breaking down the argument
of Mr.. Salisbury, for. the complainant
company, in this particular.
Upon the conclusion Of the reading
OF the opinion, Messrs. Salisbury, Hn-l
les and Nields agreed upon $4,000 as |
the amount OF the Injunction bond to |
be furnished by the Wilmington Cityl
Railway Company. Mr. Salisbury in
formed the court that he would for. |
ward the bond to Dover in few days
for the approval of the court.
This mornings opinion Of the court |
does not end the litigation, as may be |
supposed from the fact that COUNSEL
for the respondent company made no
notice of appeal from the decision. In
the document the chancellor SAYS hisl
opinion would not be changed if thel
case should come before the Supremel
Court of this state. This being a fact. |
the case will probably be appealed tol
the United States Court, but when this
action will be taken is unknown,
An Evening Journal reporter asked
Manager Crook what the Brandywine
Springs Company now proposed to do. /
i cannot say at this time" he said /
i will consult with the company's at
torneys this afternoon, until which
time ! will be unable to say just what
course we will pursue"
The opinion confirms, as far as 1t is
authority in that respect, the right OF
he city company to avail itself of cleo
tricity for power, Notwithstanding the
fact that it was chartered as a horse
ar line.
The chancellor also expressed his
opinion that the twenty-five years con-
ract between the two companies is in
valid to a given extent. as a corpora
ion cannot by contract surrender its
chartered rights bestowed by the Legis-
ature.
LEG FRACTURED BY FALL