Evening journal., 1905-08-28

puuy
Chancellor John p. Nicholso appeared
In the Court.of Chancery today and hand
cd down an opinion denying the applica-
ton OF Samuel Bancroft, lr., TO restrain
the Park Commissioners from allowing
tho Peoples Railway CONF ANY TO bu,id
trolley lnc through Rockford Park.
Work on the road. which has been sus-
pended pending tho litigation, Will now be
completed. The Park Col nmlssioners and
tho Peoples Railway WEI made joint de-
PENDANTS.
The Chancellor goes into the merits OF
tho case at length His decision ia full IS
as follows:
THE OPP MON.
In the Court Of Chilncery of the state
of Delaware in and for New Castle
county.
Samuel Bancroft. Jr.. VS. William
P. Bancroft, John NJ Rogers. Joseph
L. Carpenter, Jr-. ]. Newlin Gaw-
throp, Henry A.. Dupont. George S.
Capelle Dennis J. Mention, Samuel
Bancroft Jr, Samuel II. Baynard,
Horace w. Cause. Charles d. Bird.
Francis ]. Men ulty, James Kane and
George II. Boughman. constituting the
Board Of Park Commissioners Of the
City of Wilmington. and Peoples Rail-
way Company. a corporation duly or
ganized and existing under the laws
of the Statei of Delaware.
Thomas +. Bayard. solicitor for the
complainant.
william S. Hnles. isolicitor of the re-
spondent.
Chancellor:
The bill i'm this calse was filed on the
29th day of May. 1905. and restrain
ing order granted pending the hearing
and determination of the motion for
a preliminary injunction. which was
\ argued at Dover onl the seventh day
OF June, 1905, upon bill. answers. af-
] fidavitsi and exhibits one additional
afidavit having been presented by
the complainant on the 10th day of
June.
The complainant alleges in para
graphs V and VI Of his bill. as fol-
lows. viz:
t"v. That on or about the 2sth day
OF September A. d. 1889, one William
j. Bancroft. and Emma c.. his wife,
and your lorator. Samuel Bancroft, Jr,.
and Mary r.. his WIFE did grant any
convey unto the Mayor and Council
Of the City y,of Wilmington, New Castle
county and State Of Delaware afore-
said. 4 certain spot or parcel of land.
for a valuable consideration and for
the purposes mentioned in the deed of
conveyance. sad deed being recorded
in the Office Of the recorder Of deeds
in and for New Castle county. in
Deed Record T.. Vol. Il, page 229 etc.
ia which your orator begs leave to re-
Ter and prays that it may be taken
as a part of this. his bill"
"vI. That on or about the 2Sth day
of September. A. d. 1889 a certain
plot or parcel of land i'm New Castle
county aforesaid was granted ano
conveyed unto the Mayor and Council
OF Wilmington. New Castle county
and State of Delaware, by one Will
liam P. Bancroft and Emma c.. his
wife. for a valuable consideration ant
for the purposes mentioned in ths
deed Of conveyance. said deed beins
recorded in the Office of the recorder
of deeds in and for New Castle coun.
ty. IN Deed Record ". Vol. IA, page 50
etc. to which deed your orator begs
leave to refer and asks that it may b,
taken as part of this, his bill"
1t is further alleged that the saiC
Board of Park Commissioners on OF
about the Goth day Of April, 1905, for.
lIullltu n certain 0EittlItAAAs AAltISi
or contract in writing in the name o.
the Mayor and Council of Wilmington
granting unto the Peoples Raiwa!
Il Company the right and privilege L
7 place and operate a portion of thei
Il line of railway in over and upon por
y tions Of the two parcels of land refer
n red to in paragraphs V and VI abov'
quoted. and by resolution did approve
the same That thereafter Charles u
al Bird. as Mayor of the city of Wii
~ mington. and the said The People
Railway Company duly executed thi
agreement. and in accordance with II
terms the said The Peoples RailWa.
Company did with the permission o
the Board of Park Commissioners be
"a gin the construction and placing of tn
81 equipment OF it's said line Of railwa
in. over and upon the said two parcel
~ OF land.
81 Complainant then alleges that, "a
one Of the grsntors of the parcel G
IA land mentioned in Paragraph V of tn
~ bill, the installation and placing an
81 operating of the said line of railwa
~ would be in violation of the terms {
& the conveyance by which the Mayo
81 and Council OF Wilmington becam
IA seized Of the said parcel OF land" an
FL finally in paragraphs seventeen an
fa eighteen Of the bill he alleges that h
Is a resident, citizen and taxpayer {
S the city OF Wilmington. and as sue
= liable for his proportionste share {
|N tbs taxes levied for the purpose {
# Keeping UP the public park system
~ and that Il would be detrimental an
S injurious 70 him as a taxpayer if th
81 said ePoples Railwey Company is al
S lowed 70 place, install and operate Il
44 line OF railway upon either OF bot
E8 Of The said parcels or land mentions
# IN paragraphs v and vi OF this bill.
Copies Of the conveyances referre
70 in paragraphs Wand VI were pre-
b# Eented at the heaging Of the motto
" for a preliminary 'tnsunetieR and n