Every evening, Wilmington daily commercial., 1906-05-25
oIrY EoLIcIroRIs oPINIoN.
A. 10 the Decision Of Delaware Water 90.
10 Lay Pipe IN Streets.

70 Lay Pipe IN Streets.
Following is the opinion of City So
hcitor Townsend on the request Of the
Delaware Water Co. for permission to lay
water pipe across city streets, the opinion
being directed 10 the Water Department:
Gentlemeni You have referred 10 me
for my opinion thereon, the two ques-
tions, viz:
b O) Can Delaware Water Colawfully lay
water pipes across the streets of the city
of Wilmington without first obtaining
the consent Of the proper city authori-
ties; and (2) II Delaware Water Co. cam
not do 80 can any railroad company
passing through the city lawfully lay
water pipes in tho streets Of tho city TO
supply such railroads with water for It's
own purposes, without first obtaining tho
consent Of the proper city authorities.
Replying 70 the hut question / would
state that am clearly Of opinion that
Delaware Water Co. cannot lay water
pipes for the use Of said company
without tho consent Of tho board OF di-
roctbrs OF the Street and Sewer Depart
ment is FIRST had. Tho Delaware Water
Go. Is a corporation existing by virtue
Of the provisions Of tho General Corpora
ton law of the State OF Delaware, section
iOi which provides as follows;
Every corporation organized under
the provisions Of this act for the
supply and distribution Of water =
shall in addition 10 tho powers conferred
upon corporations generally, have full
authority 10 lay down necessary pipes,
mains and oonduits beneath the public
roads streets, go, OF any city Of
this State; provided that the consent Of
Tho isf.ifrtnI
other persons having control over the
public roads, streets, &c., of the .
city, town, and district wherein or
through which il il contemplated 10 lay
such pipes, mains and conduits beneath
such public roads, streets, &c, shall first
and as condition precedent be obtained
before any such public roads, streets, &c
shall be disturbed, opened or dug up
As Delaware Water Co. exists by
virtue Of the provisions OF the Genera
Corporation law, that law is the measur,
Of rs power.
My opinion as 20 the second question
Is that Il is covered by the act of As
sembly passed at Dover May l4th, 1891
(l9 Delaware Laws 444) which provide.
as follows:
'No person or corporation shall oper
or excavate the bed Of any street ot
highway In any city, town or village II
this State for the purpose Of laying o
placing pipes, wires or other conductor
therein without first obtaining the con
sent Of the only constituted authorize.
Of such city, town or village provided
however, that nothing herein containe,
shall require such consent before omen
ing or eNcavating the bed of any sucl
street or highway for the purpose o
repairing any pipes, wires or other con
ductors Heretofore lawfully laid o
placed in such streets or highway"
Il is contended by counsel for IN
water company that the act of Ma,
l4th.f 1851, does not govern in this case
in that such act could not under pro
visions Of the Constitution, take ava,
contract rights granted under the variou
railroad charters by which IL is claime
such railroad companies have the rich
TO lay water pipes in the streets withou
the consent Of the city authorities
am of the opinion that because Of III
provisions Of the act of May l4th. 1SQl
the railroad company cannot Law waite
pipes in the streets Of the city. excer
with the consent of the Board of 1
rectors Of the Street and Sewer Depart
nont Yours very truly.
5. d. Townsend. Jr..
City Solicitor.