Smyrna times., 1923-03-14
RIGHT OF EMINENT DOMAIN
Bill Passes Legislature Giving Tele-
phone and Telegraph More Rights


After a lengthy debate on the sub
ject the House Thursday afternoon
passed Senator Cams bill known as
the "wire bill or the "eminent domain
bill" The vote was % to 3, the OBJ
jectors being Representatives Little,
Lord and Virden, all three Republicans
This act gives to wire companies, such
as telegraph, telephone and electric
light concerns, the right to erect their
pole lines along the public highways,
subject to the approval of the author
itives having jurisdiction over such
highways. 1t provides further for
compensation for damages to the
property of abutting property owners
and in case they and the companies
erecting the pole lines cannot agree
then their dispute will be referred to
a jury. A substitute to the bill eX-
cludes the Wilmington Street and
Sewer Department so the laying of
sewers will not be effected by its pro-
visions. Mr.. HOlcomb explained under
present law one property owner may
hold up q wire line indefinitely and he
cited an instance of where one man is
now demanding $4,000 before he will
permit a wire line to pass along the
public road in front of his property,
this line being intended to carry cleo
trio current from Wilmington to New
ark. Mr.. Collins made similar state
l.
public service corporations to func-
tion as they should function. Mr.. Lit
tie declared the bill a good bill for the
corporations but "a darn poor one for
the farmer" He said the farmers
were giving away their rights. He
claimed the man accused of holding up
the line between Wilmington and
Newark is an invalid now as the re-
suit of touching a wire fence that had
been charged by a fallen wire and he
mentioned the name of James Edmun-
son who is unable to do his farm
work. Mr.. Nelson said the question
of eminent domain and the public has
always been agitated but the question
of the public welfare is after all more
important than the welfare of the in
dividual and in the case cited Newark
had to get current from Wilmington
and this line had to be extended for
that reason. Representative Lord cit
ed promises made by wire companies
to get permission to extend their
lines and then never fulfilled but Rep
resentative Lednum could not see how
anyone could oppose the bill just to
protect one selfish man when the well
| fare of the masses was at stake. Mr..
/ Collins said all wire companies are
liable for damages from fallen wires.
Mr.. Little declared the farmer could
not get justice against a S2,000,000
corporation in our courts and he had
i never heard of it being done. Mr.. Mel
! son said Little's argument was a mix
/ ture Of prejudice and a reflection upon
the courts of Delaware and Mr.. Col
Inns also claimed his statement reflect
ed upon the courts of the State. The
Senate bill authorizing the Council.
in the cities and towns of the state
to establish we'll lighted zones where
automobiles could be parked at nigh
without keeping their lights burning
was passed by the House. Two Sen
ate bills, one providing for a refund il
the sum of S596.75 by the state t,
Kent county and the other providing
for a refund by the state to SUISSE,
county in the amount of $448, wer,
passed by the House. These amount!
represent overpayments by thes'
counties on their Mothers Pension
Commission accounts.