Evening journal., 1911-03-21
DECIDING SOME
LAW QUESTIONS
City Solicitor Sends Opinions
on Three Subjects to
Street Department
HAS RIGHT TO REGULATE
SALES ON PAVEMENTS

City Solicitor John w. Brady sent
to tho Directors OF the Street and
Sewer Department this morning legal
opinions on three questions that had
been submitted to him by the depart
mont. In one Mr.. Brady says tho
Board has the right to regulate the
sale OF merchandise on street pave
ments; in another that he Is unde-
cided whether the Department has
the right to open streets through
cemeteries and in the third suggest
ing that the Department deal only
with the original companies In grant
ing future privileges to the present
Wilmington and Philadelphia Trac-
ton Company.
Tho opinion on the street sale ques-
/ ton follows:
Referring to your request for an
opinion as TO the powers of your
department to regulate the exhibi-
tion Of goods for sale over the public
sidewalks. | beg to reply as fol-
lows:
An act entitled "An act in rela-
tion to the Streets and Sewers OF the
city of Wilmington" gives to tho
Street and Sewer Department entire
jurisdiction and control within the
limits of the city, of the streets. lanes,
roads or alleys thereof, said jurisdic-
ton and control 90 extend from
building line 70 building line. This
language. taken by itself. would seem
to undoubtedly give your department.
the right TO regulate the exhibition
for goods for sale over public side
walks The only cases which would
cause any doubt upon. the above con-
clusions are the cases Of Wilmington
VS. McNabb. a Municipal Court deoi-
sion. and Wilmington VS.. Davis, a
similar decision. In which the ordi-
nance prohibiting the construction
of area-wayB. cellar-ways. passage
ways. doOr-steps, etc, was declared
\ invalid. the court constituting the
words "a majority OF the buildings in
said building block abutting on said
!, sidewalk shall be used as stores
T. halls, hotels, etc, to be unreasonable
10 and uncertain as a majority might b'
le business houses one month and resi-
IN donco houses the next month. Il ais
o. decided that the ordinance was dis
he criminating. and for the above rea
IS sons held said ordinance void.
OF II does not seem TO me that tn
reasoning IN the above case would ap
~ ply TO the question under present con
y sideration. because, a regulation OF th'
4 Street and Sewer Department coult
n easily be passed without any reference
TO business houses, ETC. which would
n do away with all question OF discrimi-
g nation or unreasonableness. II is
T, therefore. my opinion that If a regula-
J. ton Is drawn generally prohibiting
the exhibition OF goods for sale over
y any public sidewalk in the city of VIII
a mington. It will be perfectly valid
{, and one which your department can
5. enforce
n Yours very truly.
4 John w. Brady
The opinion on the trolley company
- subject follows:
y "Gentlemen: Your recent communi
cation was duly received, inquirinf
a into the status Of the Wilmington ant
PHILADELPHIA Traction Company. re-
D rarding extensions, etc, OF the lines
of the Wilmington City Electric Co.
the Wilmington City Railway Co. ant
the Wilmington Light and Power CO.
"Since the franchises of the WI
mington City Electric Co., Wilmington
!, city Railway Co. and the Wilmington
Light and Power Co. were granted r.
these companies exclusively. and since
these companies are operating undel
these franchises. I'm my opinion, the
II Street and Sewer Department should
not deal directly with the Wilmington
and Philadelphia Traction Company
II your department deals directly witt
the original companies, It cannot ther
be said that It has in any way granted
franchise to the Wilmington AM
Ig Philadelphia Traction Co, and vii
h. permit that company to have only sucl
Ia powers as il obtains through IL
Of leases with the original companies.
at IF the board desires me to go int
f. this matter more fully. / shall be gla
to do so at any time.
ne yours truly.
r. John w Brady, City Solicitor
ln Regarding the right Of the depart
d, ment to open streets through cem'
a teries Mr.. Brady said:
Gentlemen: Regarding your inQuir
ed as to the right Of the Street and Sew6
ly Department to open streets throug