Evening journal., 1913-08-15
APPROVES OF
RAILWAY LINE
TO THE FAIR
Utilities Board for First Time
Exercises 0. X. Power
Gived by Law
CITY SOLICITOR SAYS
APPROVAL IS NECESSARY

Members Of the Board of Public
Utility Commissioners in special meet
ing at 10s45 o'clock this morning, ap-
proved the resolution adopted on Au-
gust by the Street and Sewer
directors. empowering the Wilmington
City Railway Company or it's success
sors to lay and operate tracks on
Union street from Eighth to Ninth
and along Ninth street from Union
street to Woodlawn avenue The ex-
tension will continue the railway com
panys tracks from Eighth and Union
streets to the State fair grounds.
Prior to the meeting. President j.
Jackson Peirce and ]. Ralph Baily,
of the Utility Board walked over the
route of the proposed extension to
familiarize themselves with the CON
ditions. President Peirce and Com
missioners Baily, Samuel G. Cleaver
and Richard G. McMullen attended the
meeting. Commissioner william H.
Vance is at Rehoboth.
A letter was received from City
Solicitor Daniel o. Hastings, stating
that he had approved of the legal
form of the resolutions granting per-
, mission to the railway company to
make the extension to the fair
grounds, as adopted by the Street
and Sewer Commissioners. The re-
solutions also were enclosed. City
Solicitor Hastings letter added
Under Section Of the act Great
ing your commission it is provided
that no privilege or franchise here
after granted to any public utility, as
herein defined, by any municipal gov
ernment body or department, shall
be valid until approved by said Board
whenever it shall determine that
such privilege or franchise is neces-
sary and proper for the public con-
yenience.'
Il am of the opinion that these
resolutions do grant a privilege "a
the public utility mentioned therein
and, therefore, that the same are not
valid until approved by your board
II am inclined to think that these
appovals should be given by your
board before the resolutions reach the
Mayor for his approval, and for that
reason | am sending the resolutions
10 you before they are returned to the
Mayor. / am not certain. however
that il makes any difference whether
your approval is given before or after
that OF the Mayor | think. perhaps,
however. it would be better practice
to have your board pass upon then
before they reach the Mayor. The
approval should be in the form of a
resolution adopted by the board and
7 requires only a majority vote.
The long resolutions then were read
T by Hermon r. Bothum. secretary of the
E board. President Peirce submitted a
7 form of resolution approving Of the per
mission granted TO the railway company
+ bv tho Street and Sewer Board 1t re-
cited that "NShercas. The Wilmington
CITY Railway Company applied for per
.sicn" t. extend its tracks etc. Mr..
Cleavcr pointed out that there was moth
inu in The resolutions adopted by the
Street and Sewer Department showing
chat the railway company had applied
for permission. but on the contrary 1t
was set forth in the resolution that the
Delaware State Fair, Incorporated had
requested that the company he permit
ted to extend its tracks and the Street
and Sewer Board was acting on the re-
quest Of the Fair association, the railway
company agreeing to make such an
extension Mr.. ably remarked that he
understood the railway company was not
eager to build the extension, but would
do so as convenience to the State FAN
and its patrons.
Mr.. Peirce's resolution was chang
ed BY Mr. Cleaver and Mr. McMul-
len as a committee designated fol
that purpose. The resolution was
adopted unanimouslysa follows;
whereas, The State Fair lncor
porated did apply to the Street ant
Sewer Department of the city OF vii
mington. Del. to locate. construct
maintain. alter, extend and operate
its line OF railways on Union stree
from Eighth to Ninth streets in thu
city of Wilmington, Del, also In tn
same manner to extend and operate
its line of railways on Ninth stree
from Union street to Woodlawn ave
lue in said city of Wilmington; and
"Whereas The said Street and Sewe
Department did by resolution adopte
August Z. 1913. grant unto the said WI
mington CITY Railway Company IN
right to extend and operate its I'm
on said streets upon certain terms an
stjpulations therein mentioned ana eA
pressed therefore be it
Resolved. That the Board Of Publ
Utility Commissioners for the city
wilmington, ipei.. htitbN aPPiN'N
said resolutions as adopted by Il
Street and Sewer Department August
1913"
The Street and Sewer Departmer
resolutions then were formally Ell
dorsed as approved by Presider
Peirce and the other members of th
Board.
Thomas w. Wilson, vice-presideI
and manager of the Wilmington an
Philadelphia Traction Company, cal
Continued on Page Ten.