Every evening, Wilmington daily commercial., 1906-01-24

tion becomes imminent, and the vile crime
win not be committed.
Moral suasion and pity for the vote
sellers; the law for the vote-buyers Thus
may the crime OF election bribery be
driven from Delaware.
The Turnpike Company and the
Water Department.
IL is not a fact, as some persons may be
inclined to assume, that the Wilmington
q Great Valley Turnpike Co. is attempting
to "hold up" the Wnter Department of
Wilmington in relation to a right of way
along the turnpike for laying water mains
to connect the Porter Reservoir on the
Weldin farm with the city water works.
The Wilmington & Great Valley Turn
pike Co. is a corporation having material
vested interests in lis charge Il is COM
posed of stockholders whose interests are
entitled 70 the same consideration as are
the property holdings Of individuals The
directors of the company would be derelict
in their official duty, and faithless to the
trust reposed in them, II they failed to
protect the interests Of their stockholders
TO the fullest extent, oven in matter So
important 10 the public as the laying of
large mains for supplying water to the city
Of Wilmington.
The duty imposed upon the turnpike
company is that Of keeping in repair. and
in proper condition for easy vehicular
traffic, the section Of the public highway
which IL has in charge. 1t may be held
10 a strict performance Of this duty,
under It's charter and the travelling
public has not only the power to enforce
q suspension of tolls, and consequent free
traffic until the roadway is placed in good
condition, but il may also compel tho
company to take action towards making
the highway thoroughly serviceable. The
law is ample in these respects.
As a recompense for the construction of
a good highway and keeping it in repair,
the turnpike company is authorized to
collect tolls from the travelling public
These tolls provide the revenue from
which expenditures are met and interest
paid on the holdings of the stockholders.
The rights of the latter, therefore,
have monetary value which il
is the duty Of the company to protect.
The company must see that the
earning capacity Of the property is not
impaired, and in the matter Of granting
a concession for laying large water mains,
which may so tear up the roadway as TO
make il unfit for vehioular traffic. and CON
sequently non-productive to the stock
holders il must.make sure Of ample recon-
pense for any loss Of revenue. II the COM
pany failed to do this, it would be guilty
Of gross injustice TO is stockholders, and
would wrongiully deprive them Of iinan-
cial benefits to which they arc legally
entitled. In fact, the situation with
respect 10 the turnpike company is pre-
cisely the same as it would be with respect
TO an owner Of private property. The
latter, under similar circumstances, would
insist upon indemnity against any loss,
and in addition would be very likely TO
insist upon remuneration for the privilege
accorded. There is no sound reason, GER
tainly no legal reason, for holding that
in these situations a corporation should be
any less circumspect, or any less insistont
upon It's full rights In the premises, than
a private owner would be-
IL is held by many that turnpikes
should be regarded as relics Of a by-gone
age, not TO be tolerated in these modern
times. If this belief represents public
sentiment, there is no lack Of a remedy,
through a change which may convert the
turnpike roads into public highways. Il
may be found in the enactment by
Legislature Of law providing for the
condemnation Of the turnpike roads and
their reversion 10 public use. when their
care and maintenance in good travelling
condition would become a charge upon
the county. But in the event that this
shall be done, it viii not be disputed that
provision should also be made to compel
the public authorities 10 keep the roads So
acquired in at least as good condition as
they are now kept by the turnpike com.
panies. Not 90 do this would be a dis.
tinot retrogression in the matter OF good
roads.
There are no turnpike companies in
operation in Delaware except around
Wilmington, those that existed down the
State-il any ever did exist having been
abolished years ago. The last instance Of
a toll highway in any ether locality was
a toll bridge over the Nanticoke River at
Seaford. Twenty-Five years or so ago a
legislative act was passed authorizing the
Levy Court Of Sussex county to buy
this bridge and make it free, and Il was
purchased irom the then owner. the late
Or. Hugh Martin, for the sum of $1,000.
and since has been a public bridge Of
Sussex county.
Thus may the turnpike roads of New
Castle county be converted into public
highways. But the process must be in
due accord with law. The vested rights
Of the turnpike companies may not be
taken from them or rudely disturbed.
The Philadelphia "Ripper" bin a
measure designed TO deprive the