Evening journal., 1905-06-20
City Solicitor Has Doubt
Concerning the Legal
Standing Of Wilmington
City Electric Company
Street and Sewer Di-
reCtOrs Will Meet in
Special Session on
Friday Next

On Friday morning next at 10 o'clock
the Street and Sewer Commissioners will
hold a special meeting to receive from
city Solicitor Robert C. Harman a re-
port on the legality Of the franchise un-
der which the Wilmington City Electric
Company is operating. The special meet
ing was called at the request of Mayor
Charles d. Bird. who asked the members
a the board at this mornings meeting,
20 pass a motion instructing Mr. Har-
man to make such a report before Satur-
day and furthermore TO notify the COM
panys counsel TO give him copy Of the
concerns franchise and copies Of any
amendmqnts that may be existing.
Mr.. Gray made the motion embodyng
Mayor Birds desires and it was passed,
Friday being fixed for the day Of the
meeting.
While Nj. Harman refused to talk for
publication today he intimated that in
his opinion the company was doing busi-
ness without a franchise. The concern is
supposed 20 have received its franchise
in 1857, about the time the Street and
Sewer Commission was created.
~ lAOAN 4ANAaAAAN AfAAA A4ANANA4Are
The board deferred action on the appli-
cation for a franchise of the Whining
ton Electric Light mad Power Company
until Friday when it is expected that the
franchise will be granted. Messrs. john
son and Melvin WILL it Is understood,
vote to grant the franchise and Mr.. Gray,
who bitterly opposes it in its present
standing will vote against it.
Charles c.. Kurtz and Harry p. Scott
who are interested in the new company,
and Mayor Charles d. Bird and City So
lititor Robert G. Harman were present.
The last two had little to say on the
franchise but Mr. Harman reiterated
former statements TO the effect that he
first believed i'm municipal ownership and
when that GOULD not be obtained, in COM
petition
Mr. Gray is opposed 70 granting the
new concern a franchise mainly because
il will not give the city more than two
per cent. Of its gross earnings annually.
He is firm in the conviction that the COM
pany should pay the city one per cent OF
its gross. earnings in 1907 and 1903 and in
crease that amount 1 per cent. each year
until the year 1917 when it shall pay the
city ten per cent. Of gross receipts an
nualIy He also insists on the officers OF
the company making sworn statement
Of the actual cost of the construction OF
its plant and furthermore sworn state
ments Of the actual cost of extensions
and removals of its plant; also that the
books Of the concern shall always be
open for the inspection of the Directors
Of the Street and Sewer Department OF
its secretary.
Unless these clauses are complied will
Mr.. Gray is quoted as saying that he vii
absolutely refuse to vote to grant the
franchise.
WILL ABATE NUISANCE.
Secretary William L. Hamann of thu
Board Of Health appeared before tn
commissioners and called the attention
of the latter to a nuisance at Anchorag
and Beach streets caused by an opel
sewer that passes the intersection of thos
thoroughfares. He requested that tn
sewer in question be closed. Engineer o
Sewers Rommel informed the board tina
ne knew Of the nuisance ard on his recon
mendaton the board ordered the worl
done
terday afternoon received a petition sign
ed by almost all the employees of tn
Trump Brothers Machine Company ask
ing that the nuisance be abated. 1t
claimed that the stencil from the sewer !
sitting and that the men employed Il
the Trump Brothers Machine Shops ar
often made i'll by it, and at times canno
eat their MONDAY meals. In warm wealth
or The nuisance is the greatest thoug
thes nell is bad enough in winter.
Magistrate Francis s. Bradley appeare
before the board and requested that som
action be taken with regard to repairin
Railroad avenue between Tenth an
Eleventh streets Mr.. Bradley said tina
since the wall of the elevated railroa
was built, pools Of water with no out
let to run off have formed in the stree
and became stagnated with the resu
that it is almost impossible to live in tn
thoroughfare. He said the departmer