Evening journal., 1905-06-23
ELECTRIC CO.
OFFICIALS MUST
GOBEF0RE BOARD
Street and Sewer Department
Takes This Course Re
garding Franchise
REPORT OF THE CITY SOLICITOR

The Street and Sewer Directors IN
special session today received communi- |
cation from City Solicitor Robert c.. Har-
man on the subject OF the legality Of the
franchise Of the Wilmington City Electric
Company. The City Solicitor was in
structed by the Board on last Tuesday to
call on the companys attorneys OF OIL
GERS and obtain a copy Of its franchise
and then inform tho directors OF its
status.
The City Solicitor submitted the follow
ing communication;
MR.. HARMANs LETTER.
Wilmington. Delaware. June %, 1905.
Tho Board Of Directors Of the Street and
Sewer Department
Gentlemen:-In pursuance to the reso-
luton passed by the Board instructing
me 60 get from the Wilmington City Elcc-
trio Company a copy Of its franchise un-
der and by virtue Of which it is operating
an electric lighting plant on the streets
OF the city Of wilmington. and to pre-
sent 20 the board the status OF said COM
pany as tho same appears in the records
Of this department and Of the Council, I
would say briefly,
That on the minutes Of the Council for
the year 1867. Page 2s. on the 18th day
Of July 1857, a paper was introduced TO
repeal an ordinance which had granted
certain rights relatives TO electric lighting
to a company known as the Fort Wayne
Company. A substitute was offered by a
member Of the Council IN lieu OF the
above paper granting the right to use
the streets Of the city for electric lighting
purposes TO a company, which, while the
record does not disclose the name Of said
company, was as far as the same can be
ascertained. The Wilmington City Elee-
trio Light Company. This substitute was
adopted July 14th, 1857, Page 81
The ordinance was sent 10 the Mayor
for his approval and was vetoed by the
Mayor on the ground that the Council
had no jurisdiction in the matter. An at
tempt was made to pass the ordinance
over the Mayors veto but this failed by
a large vote Page 81. This is all that the
records Of the Council disclose in regard
10 the matter on December 10Th, 1887, IN
Record A. Page 100 Of the Street and
Sewer Department appears the following
"On motion OF J. n. Gawthrop the privi-
leee given the Wilmington City Electric
Company by the Council TO erect the
poles and construct lines throughout the
I city. necessary to the carrying on Of their
business. was confirmed"
This referred TO the ordinance that was
vetoed by the Mayor and it therefore
conferred nothing as it was an attempt "a
confirm something that the Council never
actually did. The ordinance referred TO-
as VIC have above shown. having been
vetoed by the Mayor and his veto sustain
ed. The accompanying letter is the only
answer 1 have received from The VIII
mington City Electric Company in re-
gard TO its franchise.
Very respectfully,
ROBT. C. HARMAN.
ELECTRIC coMPANY's ANSWER.
Following the reading Of Mr.. Harman'i
letter the communication to him from the
wilmington City Electric Company wal
read 1t follows:
The Wilmington City Electric Company
wilmington. Del. June %, 1905,
Robert G. Harman. Esq, City Solicitor
Wilmington. Del.
Dear Sir.-At ten o'clock this morning
there was left at the office of the VIII
mington City Electric Company a lette
addressed 70 you and signed by l.. V
Chrlsty, Secretary of the Street ant
Sewer Department of Wilmington il
which it stated that you were directed
by the Street and Sewer Department Il
call on The Wilmington City Electric
Company. its proper attorney or officer
for a copy of its franchise or franchise
in the City Of Wilmington.
: Replying to this request we would sai
that we have erected our poles and struni
our wires on the streets of the city b,
, virtue of permissions given our compan
and our predecessors in title from tim
, to time by the Council and by the stree
and Sewer Department of the city Of WI
mlngton. Acting on such permissions W
have made our investments and conduct
ed our business down to date. Since lSs
in accordance with such permissions an
occupation Of the streets We have pai
municipal taxes upon our poles and upo
the property invested in our business an
have entered into contracts for municipa
4 lighting with the city Of wilmington, on
j of which is now running and will continu
4 I'm force until the Slst day Of December
, 1907.
= In the short notice which you hav
2 given We have been unable 10 gather IN
1 evidence OF the permissions above re
4 ferred TO. Respectfully yours,
- The Wilmington City Electric Company
= By d. L. OFT, Assistant supt.
MUST APPEAR BEFORE BOARD.
Mr.. Gray seemed to think the letter q
the electric company was only a partia
= answer and he made a motion that tn
: attorneys OF officials Of the company b
> requested TO appear before the board o
4 " disday morning next and to have tn
|, city solicitor present at the same tim
! for the purpose of asking questions neces
= sary to gain the information desired
This motion was unanimously adopte
and the matter went over until that tim'
Will Attend Strictly to Duties.