Every evening, Wilmington daily commercial., 1922-05-06
LlTLE's CONTENTION
HOLDS IN SU6JECTlON
CONDEMNATION LAW
Continued from page 1.

CONDEMNATION LAW
Continued from page 1.
Prior to the condemnation Of the
land agents OF the Levy Court nt-
tempted to buy It, thinking purchase
would be cheaper than condemnation.
but for some unexplained reason the
attempt to buy was discontinued. II
is reported that Mr.. Little offered to
deed tho land In fee simple, but the
Levy Court would not take advant-
age OF him." Condemnation proceed
ings were finally resorted to. and In
the subsequent deciding of the land,
il is alleged, agents of the Levy Court
bungled by not consulting n mortgage
holder. but the error was corrected
last year by II. Warren Green while
he was attorney for the court. 1t is
said Mr.. Little wants the Wilmington
4 Philadelphia Traction Co. to pay
him $1,000 for pole line right OF way
on land between the roadbed OF the
Lincoln Highway and the. fences OF
his farm. He declares this land was
condemned solely for highway pur-
poses and argues that a pole line
would be burden and could not be
classed as a highway purpose. Some
lawyers think his contention in sound
Persons In close touch with the Levy
Court contemplate suggesting that the
Levy Court grant the Wilmington &
Philadelphia Traction Co. "a pole line
right OF way and let Mr.. Little and
the company fight out the issue.
Mr.. Little holds, and some lawyers
agree with him, that the Wilmington
4 Philadelphia Traction Co. must get
the consent OF both the Levy Court
and himself before the company can
erect a pole line along the Lincoln
Highway. In support OF their declara- e
ton the lawyers cite 2.o4s. section
1874. article Z, OF the General Corpora
ton law, as follows:
What the Law Says.
ANY telegraph or telephone cor
poration organized under the provi-
sions Of this chapter shall In addition
to the powers conferred upon corpora
lions generally. have authority TO oc-
cupy and use the public streets. roads
lanes, avenues. turnpikes and water
ways within this State. or elsewhere
il they shall extend their lines and
business. for the erection Of poles and
wires or cable or underground CON
dufts, portions of which they may
lease, rent or hire to other like com
ing upon any street. road, lane, alley
avenue. turnpike, or waterway, the
consent of the authorities having
jurisdiction thereof shall have first
been obtained and the same shall be
used and occupied under such rules
and regulations as shall be prescribed
by such authorities; the portions OF
the surfaces OF the streets. avenues OF
alleys. disturbed in the laying OF the
wires, cables or underground conduits
shall be Immediately restored to THEN
original condition. and any pavements
which are removed for the purpose ot
laying or repairing the wires, cables
or underground Conduits shall be re-
stored 10 as good condition as they
tanned for six months after the com
pletion OF the works; and in case OF
failure on the part of the corporation
90 60 restore and maintain the same
the proper authorities having super
vision OF the streets. avenues and al
lcys may properly restore and main
tain the same, and the cost thereof
-
or district from the corporation In
any court OF competent Jurisdiction
provided that all posts or poles which
shall be erected by authority hereir
conferred shall be so located as IL
no way 10 interfere with the safety
or convenience of persons travelling or
or over the said roads and highways
and provided, further. that all wire,
fastened upon posts or poles erected
as aforesaid shall be placed at The
height Of not less than 20 feet abov,
all road crossings and % feet abov,
railroad crossings; no posts or pole,
shall be erected upon the soil OF
prperty Of any person without frs
obtaining the written consent of tn,
owner thereof.
1T shall be lawful for any telegraph
or telephone corporation or corpora
/ tions of this State. whether created
by prior special acts or under thi.
chapter, 10 consolidate with any other
telegraph or telephone company ol
companies incorporated under tn,
laws OF this State, or any other State
or Of the United States. whose telegraph
or telephone line or lines, within ol
without this State, shall connect OF
form a continuous line or continuous
lines with the telegraph or telephone
line or lines OF the company or com
panies so consolidated. Such console
dation shall be made in the manne
and by the proceedings in this chapte
prescribed: and the corporation Great
ed thereby shall be possessed of, ex
ercise and enjoy all the rights. powers
and privileges which this chapter con
fers upon consolidated companies
and il shall likewise be possessed OF
exercise and enjoy all the franchises
rights. powers. privileges. immunitie
and benefits which any corporation o
this State, constituent thereof, wa
possessed OF or entitled TO exercis'
under its charter or any law of thi
State and shall be subject, within
this State, to the conditions and re
strictions imposed by its charter OF
any corporation OF this State, con
stituent thereof"
Although this section refers 10 tele
graph or telephone corporations. law
yers say it's provisions also apply 4