Evening journal., 1911-08-01
WOULD AVOID
ALL CONFLICTS
Street Department Wants to
Know Its Authority Over
Public Utilities
NOW THAT SPECIAL
COMMISSION IS CREATED

OlIector6 OF the street ana sewer
Department today decided to ask City
Solicitor Hastings for an opinion
setting forth the line of demarcation
between the duties of the Street and
Sewer Board and the Public Utilities
Commission as to the granting OF
franchises to public utilities corpora
tions and the control Of such corpora
tions.
No contention has arisen between
the Street and Sewer and the Utilities
Commissions, but there appears to be
conflict in the laws, both bodies
having the same powers in many in
stances. President George w. Sparks
of the Street and Sewer Board says
the powers of the two commissions
are about identical except that the
Street and Sewer Board has no au-
thority to fix the rates, which power,
however, the Utilities Board has. Be-
cause of this apparent conflict, the
Street and Sewer Directors wish City
Solicitor Hastings to set forth the
powers that should be exercised by
each Of the commissions.
Hear One Opinion.
President Sparks today said that
shortly after the Public Utilities Com
mission bill was passed he obtained
an opinion from a well-known lawyer
showing that both commissions have
about the same power. A copy OF
this opinion will be forwarded to City
Solicitor Hastings along with the re-
quest for him to define the duties OF
the Street and Sewer and Utilities
Boards. Mr. Sparks said it was an
opinion obtained by him personally,
and not by the board.
This opinion quotes the law Of 1887
comforting the powers of the Street
and Sewer Department, Section 4 of
which provides that "the said direc-
tors Of the said Street and Sewer De-
partment shall, after the time last
aforesaid, have control OF all matters
relating to said streets, squares, lanes,
roads, alleys, cutters, drains,
sewers, natural water courses
runs and rivulets, and all the machin-
cry, tools, buildings, rights, fran
chises, books, accounts, and other
property of whatsoever, nature Or
kind appertaining to the management
of said streets, etc, in virtue OF any
law, ordinance, rule or regulation
now or hereafter in force"
This was the law giving the Street
and Sewer Directors the powers and
Jurisdiction pertaining to streets held
by City Council prior to that time
Continuing the opinion says:
"There can be no doubt but what
under the provisions Of the act OF
1887, the Street and Sewer Depart
ment OF Wilmington has absolute
complete and final control OF the
streets of the city and their use by
public service corporations of every
sort. It has been held also by the
Supreme Court Of the State that such
control extended to any direction OF
orders for safe and adequate service
by such corporations in the City
The case of Bullock VS.. the VIII
mington City Railway Company de-
cided in 1905 is referred to and the
opinion continues.
| "Under this law the Street and
Sewer Department has the exclusive
authority to grant or withhold fran
chises for public service corporations
and to impose terms upon granting
J such franchises. Its decision under
the law was final"
Continuing the opinion says. The
Board of Public Utilities Commission
? ers for the city Of Wilmington seem
: to have been given by the act recent
lv passed by the General Assembly
practically the same powers as were
= granted to the Street and Sewer De-
partment.
= This Board is given general su
narvision over all public utilities a.
in the act defined, within the limits o
] the city of Wilmington. Undsr tn
: law of the state relating thereto o
with any legally adopted ordinance o
regulation of the city OF Wilmington
or with ony of the terms of the fran
chises under which such public utili
tv operates, and to require every pub
lie utility to furnish safe and daequat
} service. Under these provisions ther
is likely to be a clash of authority be
tween the Street and Sewer Depart
ment and the Utilities Commission. n
public utilities company or assocla
= ton could. under a direction OF tn
= Street and Sewer Department, expen
: money for paving, wiring, increasln
q or making more safe its service with
4 out the risk of the Utilities Commis
sion giving contrary directions or dill
q ferent directions, which might rende
the expenditure of such money whol
" useless. Under section seven 1t
provided that no privilege or franchis
hereafter granted to any public uti
ity by any municipal governing bod
j OF department shah be valid unit
approved by the Utilities Commission
whenever it shall be determined ths
e such privilege or franchise is neces
II sary or proper for public convenience
10 that is to say, all final control OF th
l. granting Of franchises TO or the MAI
: agement Of public utilities companie
S. under existing law or ordinances
y apparently conferred upon the Utiliut
e, Commission. We have then two boo
y les with practically the same power
over the same subject matter.
Ie "It would look as if this would lea
d TO a chaotic condition. 1t might b'
o. come a very serious question whethf
st any public utility company could ODE
the order of either OF these bodit
N without subjecting itself to prosecl
a ton or interference with the other