Smyrna times., 1905-09-13
WOODLAND BEACH TROLLEY
CONTINUED FROM FIRST PAGE
Kent Levy Court Grants Right of Way.

- O'ASA1 ASt.f AhOo bhC AAOfJ |
Court of Kent County in special ses-
session at Dover yesterday and forti-
fed with strong petitions and the good
results they had obtained from Smyrna
and Clayton, they laid the matter be-
fore that body. 1t was one of the most
spirited meetings they had to contend
with since the trolley project was
started, and they were forced to fight
strong lobby who were opposed to
the Traction Company having right of
way other than the Woodland Beach
road. Attorney LeFevre put up
magnificent fight and after a memor-
able contest the Levy Court met in Sc
cret session and granted the franchise
| by one of the most liberal resolutions
ever granted a trolley company in the
county. At the meeting things moved
along smoothly in the proceedings un-
til Mr.. Knots asked that F. H. Davis, |
attorney for the Levy Court, be ac-
corded the floor to be heard upon the
legality of granting the rights of way
along public roads. Lawyer Davis op-
posed it, until, he had been allowed
opportunity of searching the law and
decisions bearing upon the case. A
spirited debate then resulted between
Mr.. Davis and Charles FL. LeFevre,
attorney for the new concern. '"To
whom else can we apply?" asked the
corporations lawyer. "We do not
seek for ownership of the road, but
merely a right to run our cars by the
extreme side limit OF the road. The
grant requires us to keep the track bed
on a surface with the road and in
thorough repair, to build all our own
bridges, to run over our own cause
ways, and to establish and maintain
. accurate signal systems for the pro-
I lection of hersemen and travellers. "
The resolutions granting the right of
way was as follows:
q Be it resolved by the Levy Court of Kent
>, County, at its September session, September
Il II. 1905, held at Dover, That upon the in
g corporation of the Smyrna, Kent County
L and Delaware Bay Traction Company
l. Delaware, the said Company be and the
u same is hereby authorized to lay its tracks
and to prOpel its railway cars over the streets
and highways of Kent County, according tC
le the terms of its charter, subject to the fol
lowing provisions
i The said roadbed shall be located at on
extreme side limit of the public h ghway
, with the said tracks within two feet of saiC
:, side limit, and shall not occupy more thai
Ell ten (10) feet of said public highway through
out its length, except as may hereafter b
provided by the said Levy Court
as All turnouts shall be so constructed as no
in to occupy any portion of the driveway o
~ said highway. Where other public high
IL ways or private roadways are crossed b
ay SAID tracks, the said tracks shall be so con
structed as to make continuous smoOt
driveway over said tracks, the full widt
'n of said public or private road.
-s The bridges to be 50 constructed or e,
= tended for the use of said railway shall
OI constructed independent of the Count
of bridges.
The said Company shall keep its ow
roadbed in good repair, and two feet on IL
d, side thereof next to the driveway, said roa'
al bed shall be so constructed as not to prevel
the free flow of water from the surface
on saidpublic highway.
The ties composing the roadbed of sa
. Company shall be imbedded in the grouu
TO- so that their upper surface shall be at graz
lr. with the surface of the driveway of sa
highway.
>, The poles of said Company shall be $
IL on the extreme side limits of said publ
ith highway.
''N Where said railway is constructed along
public causeway, said railway shall be
ng constructed as to leave a safe roadway fl
e teams of at least fifteen feet upon that pa
Oh of the causeway already constructed.
1rk And the said Company shall be and th'
av are hereby required to provide and mainta
~ | at the annrOapn of nnlllG CauS6Wa
ra- which they may occupy with their railw
at tracks some system of signals whereby ira
elers may be informed as to whether a c
or cars of said Company is on or apprOac
ord ing said causeway.
roo Adopted, September -. 1905.
Strong Petitions and Letters to Levy COur
the Ali along the proposed route there
more or less enthusiasm over the pr