Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-03-20

ance that excuse being founded on the imrract'
cability in dry seasons of making the bed OF the
river Of the required depth, and from the effect OF
floods at Other times. sweeping of their improve
menfs and rendering their perpetual efforts, TO
comply literally with the charter, unavailing. The
afhdavits also proved, that the company had ex-
pended great sums, and had made serious and con-
slant efforsto improve the navigation. It 10 DEAN
ed unnecessary to spread the evidence itself, or
make more particular statement of it.
| The Superior Court of Henrico, considering the
case as one OF great and general importance, and
involving question: Of novelty and difficulty, adj
-fJourned the same TO the General Court for their
opinion and decision on the following questions
l. Is an Information in the nature Of quo toar-
Tanfo, the proper remedy by which to try and de-
eide whether the charter of the James River Com
pany ought to be nullifed and vacated, or the said
company prevented from receiving tolls
q Does the interest. which the Commonwe alih
holds IN the stock of the James Rive, Company,
present bar to this proceeding against it,.
| g. Has the Superior Court Of Law for Henrico
county Jurisdiction in this case, il being admitted
that the President and Directors residents in said
county?
| L. Ought the rule against the defendants in this
case 10 be made absolute, and leave given to the
Attorney General 10 file the Information, or does
the evidence exhibited by the defendants shew suf-
hc'ent Cause, why the Information ought not to be
! filed:
| g. All other questions which may arise out Of
the rule and the evidence?
| The cause argued by Mr.. Leigh for the
company, and MIR. Nicholas and Mr.. Robertson,
the Attorney General for the Comm on wealth.
| The Court, after mature examination of the law
anu The evidence, enteIsd the following opinion
| and Judgment:
| Inc Court is unanimously Of opinion, that
tne Information in the nature OF quo icGrrdnto,
Is the proper remedy by which to try and decide,
whether the charter of the James River Compa-
ny ought to be nullifed and vacated, or to pre-
vent the Company from receiving tolls:
That the interest which the sCommonwealih
holds in the stock Of the James River Company,
presents no bar to this proceeding agans, il:
| " What the Superior Court of Law for the
county OF Henrco has jurisdiction in this case
| " That the rule in this case ought 10 be made
absolute, and leave given the Attorney General to
hIe an Information III the nature of quo ,Dar-
ranto-
" And that the InfoI m a!ion in nature of gno
toGrranto will lie against the corporation of The
James River Company, 60 nonine, 10 try whether
said company hath forfeited its franchise of being a
corporation, as well lis other franchises and Ii
berries. which is ordered to be certified, &c''
| After this decision, the Superior Court OF Hen
rico directed the rule to be made absolute, and an
Information was ihsreupon filed against the COM
pany. while this prosecution was pending, the
Legislature passed the act of II h February, 1890
and the pI osecution dismissed upon their as
seniins 10 the terms contained in the act.
BY the provisions of this art, the State be =
came the purchaser of the charter Of the jaime.
River Company, and succeeded TO all their rights
and privileges, well as their difficulties and iu.
ties. Before these legal steps were taken by The
Legislature, the profits of The stock OF the james
Company were such az TO raise its price from
$500 per share, (the original subscIip,ion,) to
S4OJ per share; bu'. in consequence of the prose,
| cution, VIII CHI sho we'd a determination TO annuI
their Charter or compel them to perform the sti-
pulaons they had entered into, the stock fell back
10 little more than the original subscription ftyyo
hundred do!lars)
BY the terms OF the purchase. the State assured
TO the stockholders dividend of twelve per cent,
per annum until the year 1882, and fifteen per
cent, per annum forever after, upon the original
value OF the stock. In con -equence of which
The price rose again to $500, has been increasing
since, and must continue to increase until the pc
Rod DRIVES when the assured dividend shall be at
MS maximum, at which time ll;tle doubt can be
entertained that il will be worth $500 per share.
IL is perfectly clear them that in strict Justice the
State ought not, In its corporate character, ac-
cordinS to It's own showing by the acts OF its i.e-
gislature, to demand the full tolls stipulated for
IN the charter which it hss purchased, until il
shall have performed the sipula,ions entered in,o
by the company from which the charter was pu,.
. chased.
Has this been done?
| IL has not.
| What has been done:
SIR, will tell you.
The same act OF the Legislature by which this
bargain was concluded for The purchase of the char,
Ter oil the James Nyer Company, when ratified
oy The assent OF the company, sect. 81. directs
- that IN the event OF the assent of the said com
pany az soessid, 'hs said company shall durr the
present year, 80 lar ~ their funds herein after nto
Vided LOT, VIII enable them, and without DELAY
proceed 10 the execution and steadily peTs.vere
10 the completion OF the following works. and in
tDe following order, that IL to say, First To rem
DER the great kanawha, from the great falls there
oi 10 'he ONO Hver, Davigable at all season, of
the year. ior boais drawing three feet wafer accord
ing 10 Inc plan Of The Principal Engineer in hi.
report to the Board OF Public Works. made i, Z,
nusry, ls2C. Secondly, 10 improve the navs
ga1on OF James River, from ii1e-wafer 10 plea.
sahte's Island, by locks and nsyigsble canals az
iording AT all seasons Of the year at least ,h,es
ieet depth oil water from tide water TO said i'll
and ana so as to navigate, conveniently. boats
carrying one thousand bushes of coal at ali no,nts
oeiow me highest point at which coal lands on
James River are known, and sbsve such coal
isnds. by canal not less than 30 fee, wide At
'op' snd ~ feet wide at bottom having not Jess
'hsn three feet depth Of water vt all seasons of
ne year, IN every, part thereof, according 10 the
sSid report OF the principal engineer; and make
S"Is ana convenient communications from the RI
yer az such point, or points will aard annie
accommodation TO The coal trade
Thirdly, To make The bes, road nrac,;,ablo -.
sh expense oil one hundred thousand dollars, from
the mouth Of Dunlsp's creek TO the Great f,lls 81
the great Kanaxvh, 81. ~.