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

mat TIE OILS nereln-o before allOWeu 10
'e demanded at the place above mentioned, ar e
granted, and shall be paid upon the condition on
~ 'nat the said James River Company shall
MAKE The nyer we'll capable Of being nayigated in
afy seasons by vessels drawing one foot water at
ieast' from the highest place practicable to the
GREAT Falls, beginning at Westham, and shall, al
or near such falls make such or cuts, canal or
eana-' WIN sufficient locks, if necessary, each OF
90 Feet IN Iengh, and l6 feet in breadth. AZ ill
open navigation tide water in all places az
iess, % feet wide, excepI at all such locks, and
"Psoie OF conveying vessels, RATS, drawing four
ieet water at the least, into tide water, shall
render such part of the river navigabe in the natu-
raj course" Before this company incorpo-
rated, the produce was brought two canoes
ciamped together, to Wesiham, from whence it
was waggoned to this city. These canoes carried
nine hogsheads of tobacco.
In 1893, December 9Th, the James River Com
Pany made an order their books, directing their
agents to axe half tolls
In l795. November 10th, the company made a
further order to take full tolls. They proceeded TO
do 30 for IL years.
an ac' allowing the company three years " TO
make the river capable of being navisa,ed accord
ing TO the terms OF their charter
IL Is unnecessary to remark here, that the COM
pany had been taking tolls which they were not
entitled to. This is NANTES, from the terms of
the act
In lSi6. December 18th, the following report
vas made by The committee of Roads and Internal
Navigation, which l will beg leave TO read
- The committee of Roads and Internal Nav-
CATION have, according to order, had under consi.
deration the petition OF sundry inhabitants of the
town OF Manchester. city OF Richmond, and coun-
ties OF Chesterfield, Cumberland and Powhsian,
praying tia, an act may pass incor poratng COM
pany, 10 establish constant, safe and easy navigs
I'll. a. 4
James river, from The head of the falls to tide wa
ter, 10 them referred. and beg leave to report:
lhat at the Instance of the memoIiasts
much testimony has been admitted By your com.
mittee, TO prove that the James River Company
nave not complied with the terms of their charter
but your committee are of opinion, that such an
enquiry would be more properly made before the
judiciary than the Legislature, the former being
alone competent TO pronounce charter forfeited
tor Causes occurring subsequently, to its original
grant. Thai The authority prayed for by the me-
moriaiists to cut a canal from above the principal
tails TO tide water, the south side OF the river
would be violation of the charter of the James
River Company, your committee consider most
apparent from the whole context Of their charter
as well as from the specific provisions of its Ath,
9Th and 10Th sections which auihorise the James
River Company to cut, if they think proper, the
very canal in question, s. which assure 10 them in
consideration OF the work which they are required
to construct upon the river, between tide water
and tie head OF the contemplated navigation,
certain profit TO be collected AZ the lower ex,rem-
Ivy oil the navigation; point below that al which
IL Is proposed by the memarialists TO take out
their canal.
e Resoiced, therefore, That the petition be re-
jected."
SUBSTITUTE PROPOSED.
Extract :" Your committee beg leave 10 re-
port:
hat the evidence introduced before your
committee by the memorialists, most clearly es-
taoiishes the tact, that neither the nayiga above
nor that from the Head of The Great Falls into
ude water, Is such az the interest OF the upper
country requires that il should be- whether the suf-
hciency, consiancy, or safety OF the navigation be
regarded; that the regulations adopted by The COM
Pahy IN relation 10 the navigation between the ba.
81" anu ''de water, amount 10 prohibition OF the
use OF that Part of the navigation, Sc. &c.'
In 1913, February 25th, resolution was adop,-
eu oy 'hs General Assembly, which, af er recitng
mat IL was aledged that the James River Com
pany mad Jailed to perform the conditions on
winch they were authorized by the laws regula-
Ting their charter, to demand and receive tolls
made tsthe duty OF the Attorney General TO
institute the proper proceedings against the con-
pdny lot 'he purpose OF ssceTtaiDing the truth of
TINS allegation. Sessions Acts ISI1-Is. q. 225
In pursuance Of this resolution rule was made
IN me Superior Court Of Henrico on the 24ib Sept.
10 10. Deg leave to read The reported case (2nd
vol Va Cases. p. 1917
" The Attorney General, on behalf of tho
commonwealth. obtained a rule from the Superior
CouI' oil Law Tor the county OF Henrico apajnst
'ne James river Company, commanding the Pres
ident and Directors of the said company 10 aopear
before the said Court, and sbsy GAUGE if any thew
could, why an Information, in the nature of a
WIN OF quo tDurrdiito, should not be filed against
,ne ssid James Rivef Company, its President and
DIRECTORS, 10 nuibfy and vacate their charter and
10 prevent their receiving tolls:
L. Because they have failed to make said HI
yer well capable OF being viga ed IN dry seasons
oy vessels drawing one foot water at least from
the highest place practicable TO the Great Falls
beginning at Wesihau.
o. And because they have suffered the nayga
uon 10 be, and remain obsiructed by rocks gravel
ana other distractions in said river which render
us navigation extremely difficult and dangerous.
d. ana because they have failed, at or near the
saIu treat Falls, TO make such cut or cuts canal
or canals, with sufficient Iock4, and TO Keen the
same IN repair, each Of 80 feet in length and I6
ieet m breadth, as will open a navigation to tide
water IN all places at less, % feet wide, (except
al All such locks) and capable Of conveying veg
sells or rats drawing feet water al the least or
10 SAID canals, boats drawing feet water In ordi.
nary seasons, or one foot water in dry seasons,
nto uue water, OF TO render such part Of the RI
yer navIgabe in the natural course; which they or
bound TO do by the Acts Incorporating aud reyu.
ia''nS such company, and by the Laws Of the Com
monweslth.
The prosecution was Instituted in conformitv
with The resolution Of the General Assembly
passed on the 18th day of February, 1918, (a0
directing such prosecution in the pyoFsr Court.