Evening journal., 1905-04-06
Street and Sewer De-
partment Allows Branch
Of New Castle Line to
Run Tracts to Front
and Market Streets
Litigation Is Now Ex-
peCted to be Begun by
the Wilmington City
Railway Company to Re-
cover Its Original Grant

q-he BOARD of street and Sewer Com
rnissioners In special meeting this morn-
ing. granted the South Wilmington Rail
way Company the franchise for which it
has been lighting for some time, to lay
tracks in South Market street. Before
the board took final action on the matter
a private meeting at which the members
Of the department and II. j.. Evans one
OF the promoters of the New Castle rail-
way with which tho new company will
connect and willard Salisbury, counsel
for the latter company, were present.
The financial condition OF the Whining
ton, New Castle and Southern Railway
Company was discussed and figures show
ing its earning capacity and the tolls paid
20 the wilmington city Railway Com
pany for use Of the latter's tracks in order
TO yeach Fourth and Market streets, were
presented by Mr.. salisbury.
AMIcABLE AGREEMENT REACHED.
The various changes in the franchise
advocated by Mr.. Salisbury at the meet
ing OF the board on Tuesday last We're
discussed at the meeting following the
private session. and an amicable agree
ment reached on each point raised by
the petitioners for the franchise. The
objections made by Mr.. salisbury includ-
ed the question of allowing other railway
companies to use the tracks Of the South
Wilmington Company without giving the
latt ar concern the same reciprocal rights.
The original franchise provided FOR just
such condition. but the members Of the
Street and Sewer Board did not intend
that such condition should prevail and
under an agreement reached the follow
ing section was added to The franchise.
Whenever hereafter any other railway
company shall IN writing under its cor
t1s,rate seal file with this department an
.1A,ctive agreement wherein II shall agree
tlslt the South wilmington Railway Com
NV may use its tracks for a distance
nat exceeding 7Oj feet for the purpose OF
,,shxing connections with other lines of
rauway now or hereafter operated in the
citv ~ wilmington. then the South VIII
minxton Railway Company shall permit
such railway to use its tracks hereby au-
tborized for like distance for similar
purposes. or TO obtain an entrance into
n, exit from the said city. In case any OF
either Of the companies affected by such
aersement shall fail to agree upon the
terms of a contract providing for fan
comnensation for the privilege of using
e,ch tracks of the other company, such
compensation shall be fixed by three per.
sons. one of whom shall be named by
tbis department and one by each of the
companies interested the decision of th'
said referees or a majority Of them to be
binding and conclusive upon both of th'
said companies.
PROVISIONS OF THE FRANCHISE.
Re If resolved by the Board of Direct
ors of the street and Sewer Department
of the city of Wilmington, Delaware.
Section j. That the consent of this de
partment is hereby given to the eSoutl
wilmington Railway Company to locate
construct operate and maintain its rail
way from point at or near the inter
section of Front and Market streets ii
4 tho city of Wilmington southwark!
across the Market street bridge over tn
Christiana river and along the vii
mington and New Castle Causeway lead
ing therefrom southwardly to the cit.
line. the said railway to be constructs
NAV be either a double or single track
and with such sidings. switches and turn
outs as may be necessary for the prope
oneration of said railway. provided tina
tho tracks. switches, turnouts and pole
he located in said streets in such position
as this department may direct and con
form TO grades now established, or tina
may at any time hereafter be establishe
by this department, and always at tn
expense of said company.
Section . The said railway compan
shall. at its own expense. pave and re
pave its tracks between all its rails an
for the space of three feet on each sid
thereof as. when and in the same manne
and with the same materials as this q,
partment may now or hereafter adopt /
the paving of the said streets or any POI
tion thereof. and shall at all times here
after keep the said portions OF the sal
streets paved by It i'm proper condition an
repair. The street paving required {
said company shall be done. in a goo