Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1905-08-31
PARK TROLLEY IS
AGAIN IN COURT
Thomas F. Bayard Claims
the Line Would be a
Detriment to Him
LATEST PHASE OF PROCEEDING

Chancellor Nicholson. at Dover yes
terday. on the application of Thomas
f. Bayard granted restraining order
preventing the Peoples Railway Com
pany from doing anything further ON
the work for the proposed park trolley
line, until the case is heard In court.
When the Chancellor recently gave a
decision refusing to grant an injunc-
tion to prevent the line from being
constructed. it was supposed that the
matter had been finally disposed Of but
yesterday Thomas +. Bayard fled "a
bill Of complaint and the Chancellor at
Dover granted the restraining rule.
That he is the owner of a lot OF land
situated at the southeast corner Of Red
Oak road and Greenhill avenue. which
Adults upon the park land. that he Is
liable for his proportionate share Of
/ taxes for keeping up the public park
system of Wilmington and that he be-
lieves and AYERS that it would be detri-
lmental and unjust to him as a tax
payer and as an abutting owner If the
Peoples Railway Company is allowed to
operate the line are some Of the rea-
sons filed by Mr.. Bayard in his bill
of complaint.
He asked that the respondents fully
answer the bill of complaint. that an
injunction be issued restraining the
Board OF Park Commissioners. Mayor
and Council from taking further action,
that an injunction be issued restrain
ing the Peoples Railway Company OF
its agents from taking further action
in the agreement and that a prelimi-
mary injunction be issued restraining
all Of the respondents in a like man
ner.
In conclusion he asked that sub
poenas be issued for all the parties con-
lcerned
This is the restraining rule Of Chancel-
lor Nicholson:
And now to wit on the SOth day Of
August A. ID. one th0usan nine
hundred and five the foregoing having
/ been read and considered il is ordered
by the Chancellor that a rule issued
/ directed to William p. Bancroft, John
/ NJ. Rogers, Joseph L. Carpenter, Jr,
J. Newlin Gawthrop. Henry 4. Du-
Pont, George S. Capelle, Dennis J
Mention. Samuel Bancroft. Jr.. Samue
H. Baynard and Horace w. Gauze. as
members Of the Board Of Park Com
lmissioners of the city of Wilmington
and Horace Wilson, c. Marion Leitch
William p. White and George II
Boughman, members cx-oficio OF th
Board Of Park Commissioners, an,
Peoples Railway Company command
ing them to show cause. If any there
be, why a preliminary injunction az
prayed in the said bill should not bl
granted, returna'ble before the Chancel
lor at Wilmington on the eleventh day
of September at 10 o'clock in the fore
noon. and in like manner the said VIII
liam p. Bancroft, John NJ. Rogers
Joseph l.. Carpenter Jr., j. Newlii
lGawthrop Henry A. DUPONT, George S
Capelle. Dennis J. Mention, Samue
Bancroft, Jr., and Horace w. Gauz
as members of the Board of Park Com
missioners of the city of Wilmington
and Peoples Railway Company thoi
agents, attorneys deputies and ser
wants. respectfully shall be restraine
: and strictly enjoined from further pro
ceeding in the execution of the term
; of the said agreement, license or con
tract of May 1. 1905.
In the original opinion Of Chancello
Nicholson handed down last Monday.
dismissed from consideration the origini
grant Of William F. Bancroft and wifi
of the land on which Rockford Park
situated. because Samuel Bancroft. Jr
the complainant in the bill then befor
] the Chancellor, was not an origin,
grantor. nor an abutting property owne
and therefore had no standins ~ coui
under the law.
The refusal of the preliminary injun'
tion in that case was based entirely q
the wording of the deed Of William ]
Bancroft and Samuel Bancroft, Jr., ,
5, the second tract which included RockfoI
d road. This road was expressly stipulate
- in the deed TO be a public street or higl
way and the chancellor's decision W.
e that being a public street or highway II
d city had tho same right to grant frai
r chise to the railway company over thi
"A road. as over any highway.
In the present proceedings Mr. Bayal
. is the complainant as an abutting Owl
It er to the original grant by William
II Bancroft. This case will therefore
IS decided on its merits, as to the right
the Park Commission TO use or prevei
2 the use Of any part Of the park land 4
n trolley purposes.