Evening journal., 1911-10-17
CONTINUED From First Page.)

AAOutllueu from flTSl RdRe.)
such terms or conditions as will pre-
vent the stockholders Of one company
from selling their stock to whomso-
ever they please, and so long as this
right exists it will be possible for
one man to purchase all of the stock
Of both companies.
Under these circumstances Il has
been deemed wise as further pledge
of good faith to the public TO agree
on the part of the Public Utilities
Light, Heat and Power Department
that it will make contracts for such
length OF time as the consumers may
desire, and thereby guarantee to the
consumer a rate that will insure to
his benefit and be binding upon the
company regardless of who, owns the
stock Of one company or Of both com
panies.
THE other terms and conditions of
the resolution being the same terms
and conditions imposed upon the VIII
mington City Electric Company In the
franchise granted said company in
April Of this year. constitute the-last
word Of our municipal government
upon electric light franchises. and
therefore needs no discussion. In
view Of the additional terms referred
to herein and Incorporated in the pro-
posed resolution It may be that the
benefits arising out OF the adoption
of the same TO the city OF Wilmington
are so plainly evident that further
argument on our part may not be
necessary, but for the purpose of set
ting forth fully the purposes of our
client and the terms Of the franchise
asked for. we would respectfully re-
quest that when this resolution is
open for consideration that we may be
permitted TO appear personally before
your Board for the purpose of pre-
senting further matters as may be
deemed pertinent.
Very truly yours,
Marvel g. Marvel"
Section I OF the franchise resolu-
tion provides:
THAT consent is hereby given TO
the said Public Utilities Light, Heat
and Power Company to use all OF the
public roads. highways. streets, ave-
nues and alleys in the said city of
Wilmington for the purpose OF erect
ing posts OF poles to sustain the neces-
sary wires and fixtures for the sup
ply and distribution OF electricity for
electric lights and heat or power which
said posts or poles shall be so located
as In no way TO interfere with the
safety or convenience Of persons trav-
cling on or over the said public roads,
highways, streets, avenues and alleys
and further that consent is hereby
given to the said Public Utilities Light,
Heat and Power Company TO lay pipes
or conduits and to lay wires therein
beneath the public roads. highways,
streets, avenues and alleys in the said
city as 10 the said company may bc
deemed necessary, provided that sucH
pipes and conduits shall be laid at
least two feet below the surface Of tho
said public roads, highways, streets,
avenues and alleys, and shall not In
any wise unnecessarily ohstruct or In
terfere with public travel or damage
public or private property. And pro-
vided further that before entering
upon any such public road. highway,
street, avenue or alley In the said
city for the purpose Of erecting posts
OF poles OF laying any pipes OF con-
duits, the said Public Utilities Light
i Heat and Power Company shall COM
ply with such regulations as may now
or hereafter be adopted by this Board
including the obtaining OF "a written
permit from this Board. issued in az
cordance with such regulations"
Section provides that wires Shall
not be laid within three feet Of any
water or gas pipe, except where
necessary to cross them. Section 3
requires the company to restore
streets to proper condition and in
demnify the city against damages.
Section 4 reads: THE said COM
pany shall not charge for electricity
furnished under this consent more
than seven cents C7c) per kilowatt
hour"
Section provides that a conduit
shall be reserved for the free use OF
the city.
Section 6 provides that the company
shall give a $4,000 bond for the faith
ful performance Of the conditions OF
the franchise, good for five years,
after which a new bond Of amount to
be prescribed by the Street and Sewer
directors shall be furnished.
Section provides that the books OF
the company shall be open at all
times for inspection Of the Street and
Sewer directors or its agents
Section provides that the company
shall not lay conduits where the city
already has adequate conduits to
carry the company's wires.
Section 9 provides that the COM
pany shall pay an amount equal TO
two per cent Of its gross receipts to
the Mayor and Council annually, he
ginning in 1912, except when the
annual taxes, licenses and revenue i'm
posed. required or derived in any year
by the said the Mayor and Council oi
Wilmington from any conduits, pipes
mains. ducts, wires, poles. cables,
lamps. lights and all other equip
ments. materials and apparatus be-
longing to the said Public Utilities
Light, Heat and Power Company in
or placed In, on or over the streets OF
the city of Wilmington and required
by law to be paid by the said Public
Utilities Light, Heat and Power Com
pany to the said The Mayor and
Council OF Wilmington are In amoun;