Evening journal., 1907-06-08
REPLY
TO MAYOR WILSON
Declares That Present Republican City Organi-
zation Is Controlled By Gas Monopoly and
City Officials Are Dancing to Its Piping

the power to lay pipes for gas, heat, oil
or power In no way concerns or grants
a right 10 lay pipes for water.
3. "That no right is reserved to the
city to regulate excavations In the
streets Permission to open the streets
should have been given under pre-
scribed conditions"
4. mo provision Is made as to what
depth beneath the surface pipes, mains,
ducts. etc, should be laid, nor Is there
any provision as to the design OF the
manholes. Provision should also be
made for the removal Of pipes, etc,
whenever the space should be needed
for city purposes"
s. "That no power IS reserved to the
department 20 determine what portions
OF the streets Il is necessary TO open to
enable the company to perform with
proper economy the work Of laying
conduits, ducts, pipes and mains"
The very conclusive answer TO these
objections Is 70 be found in Section io4
OF the General Incorporation Act which
says;
"That such use. for the sale and dis
tributlon OF gas, Of the public roads,
highways. streets. avenues, and alleys
IN amy city shall be subject 70 such
terms. regulations. taxation and re-
striotions as may be imposed by tho
Council. town commissioners or other
persons having control over the public
roads and highways OF the city"
Similar provision is contained in
prior sections OF tho act, as to steam,
heat. power and electric companies.
For the Street and Sewer Directors TO
place such restrictions In their resolu-
tion when they are already by statute
the law of the land would be absurd.
over this whole subject the Street De-
partment has statutory, plenary power
Revoke the Franchise
\ Objection Is made that there Is no
lclauss~~j revoke the franchise In the
event OF the failure Of the company
10 spend $4,000 on its gas plant and
equipment within twelve months. and
another $4,000 within eighteen months
from January /. 1907. or TO pay to tho
city the further sum Of S1s.750 The
answer 10 these so-called objections Is
that the company has already perform
? ed It's undertakings IN this behalf as
J far as it has yet fallen due. It has paid
70 tho city Si2.50O and It does not pro-
pose 10 lsse the money already paid by
abandoning the construction and oper-
alton OF It's gas plant In the city Of
Wilmington. AS J stated to the mayor.
since this resolution was pending be-
fore the Street and Sewer Department.
as soon as the pending resolution is
adopted, the company win begin tho
Installation OF its plant and carry It to
la rapid completion. II now expects
TO pay the next instalment Of s6,25O
prior to the time when It falls due. un-
der the terms OF the resolution.
The city solicitor objects to the pro-
vision 70 indemnify the city against
suits for damages for negligence on the
part OF the company. This clause Is In
the same language as the franchise of
. the Universal Conduit Company, re-
ceived the approval Of Mr. Harman. as
city solicitor when the Commercial
, Company was first presented 10 the
board was not objected 10 by Mr..
Townsend when before submitted to
him. and IN my legal opinion IS amply
! adequate TO protect the city.
Finally. the city solicitor objects that
r lno provision Is made for revenue from
, the company operating its franchise as
TO steam. heat, air or OIL
such a resolution as this may be-
, under the city charter, referred 70 the
solicitor for his opinion as 70 Its legal
r sufhciency
, What pecuniary return may be ex-
lactod from the company for It's fran
/ chise IS for the street directors and
the mayor 70 consider For the city
. solicitor 10 advance his opinion upon
= lit Is an impertlnence.
Anyone carefully considering these
y objections and the further objections
reached by the mayor In MS messase
, can. with dimculty, resist the conciu-
, sion that these officials are more con-
I cerned in the interest OF the present
Z gas monopoly than they are Of the city
! They make no mention Of the gooe
q faith shown by the Commercial Com
4 pany IN the payment OF $4,000 to th'
d city when every penny OF 1t was 70 'n'
s city Council ike drop OF water ''
r one famishing in the desert.