Evening journal., 1901-09-26
ADDICKS CANNOT
LAY GAS PIPES
As COTeIatOr Court Said lie
Is a Fatal MiSjOinder
CASE REVEALS The SNAKE
Writ Of MendamuS Against Street aud
Sewer Department Is DiSSected
and QuaShcd


Like his senatorial aspirations, J. Ed
ward Addicks scheme to grab the streets
Of the city Of Wilmington to further his
gas project will have to be shelved for a
while. For nine years he has been trying
to get permission to lay gas pipes in the
city streets, but his designs have been
frustrated.
The Superior Court yesterday after
noon dismissed the application Of the
xy-Hydrogen Company, Of which Mr..
Addicks Is said 10 be president, asking
for a writ of mandamus to compel the
Street and Sewer Department to show
cause why the company should not be al
lowed TO lay pipes in the city streets.
The court holds that the city has the
right TO say who shall and who shall not
use the streets, and also that the applica-
tion OF the company is not clear as it
should be in asking for streets in which
TO lay the pipes.
LOOKS LIKE CONTRACTOR ADolcKs
"Addicks as corelator is misjoinder
and fatal to the writ" said the court
"The relation OF Addicks TO the COM
pany Is, that under date Of August O. 1890,
he made an offer to the company 60 build
FOR il complete gas works in said city Of
Wilmington, FOR the sum Of 100000 in the
bonds and 100000 in the stock OF the
company at par; the company TO guaran-
tee to him free and unrestricted access 20
the streets for the purpose Of laying pipes.
This offer was accepted by the company.
The right Of Addicks, therefore. on the
face Of the writ seams TO be that Of a con-
tractor, upon a contract made with tho
company alone. He is like any other con-
tractor or cmploye. His right is that OF
contract with the company, and to be en-
forced only against the company. To this
contract the respondents are, In nowise
parties nor in any manner liable there
under.
AoDIcKs IMPROPERLY JOINED
1T would seem, therefore, that Adj
dicks was improperly joined with the
company as a relator and for that reason
the writ is bad.
1T is further objected that the writ is
bad for dupNcity.
'Ihe relief asked for in the language
detailed embraces four subjects, viz
Il. The opening OF the bed OF Shipley
street.
''2. The opening and excavating Of the
bed OF Monroe street.
'3. The opening Of the bed OF Liberty
street.
"A. The opening and excavating Of the
bed of all the streets OF the said city.
Each subject has peculiar features and
contains conditions different from the
other. They are four successive and nee
essary steps Of one procedure for relief,
but each one is distinct and separate
cause of action in itself, and may not be
joined together in one writ"
COURT FINDS THE REPTILE
In commenting upon clause No. 4, tho
court says.
This clause is vague, indefinite and inn
possible of enforcement. II asks for a
permit for the company to open all the
streets and highways of the city in the
future, where, when and as It's business
may make it necessary under conditions
not yet asccrtained or ascertainable. This
would tie up for the future the hands OF
the Board Of Directors of the Street and
Sewer Department of the city and put the
streets. health and convenience Of the en-
tire city at the mercy of the company if it
should be left TO its discretion TO deter
mine upon the necessity. If it may not so
NNAlAfs tAtli NilN - 10 hhAtAHllNt lut CA
istence of such necessity or the condi-
tions, time and place for such work COW
erng the future.
"Manifcstly these requisites are impOs-
sible when the conditions are all in the
womb Of the future. depending entirely
upon the rights and necessity yet TO be de-
veloped.
For these reasons, clearly, this writ
ought TO be quashed.
with this conviction we deem it un-
necessary TO pass upon the other 0bjec-
tions raised, viz, the want of proper de-
mand upon the respondents before tho
writ was asked for, and the loss Of the
right 10 relief as to Monroe and Shipley
streets by the laches Of the relators."