Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-12-07

NuoWteuke or dpproOatioO.-"l ~ III
OF HE. should not wi.h the sproiI tn-n'. md AL
vote In this matter s known 20 ,o., Gu ih- cis
cu) TO whom would give il ~ it'll more u s-sr- 'har
to him who |, the Judge and who hils the sfii
with murh ability sDi propriei, Asyon az going nj
ree,ly to K chuond. wish you to u.ske ii- knor N
and, u y1u please let this be publ he'd la he samr
paper"
| COMM O.vIC.2TED
Al meeting of the citixe ms of Cumberland, their
Court. House, Monday, the gid Nov 1880, pursuant
TO public notice,
| On motion. Capt John Miller call I'd to the choir.
The objectof the meeting was explained BY Randolph
tarrison Esq and q committee appointed consist
ing Of Randolph Harrison John c. Page Joseph Fuqus.
Edward L. Carringion. Thonss Bosher, Stephen w.
Trent. Allen Wilson, John p Wilson, Alexander Trent
and John Daniel.
| On motion, the Chairman was added to the Commit
| The Committee after retiring for time. reported
| the following Memorial and Resolutions:
| TO THE LEGISLATURES OF pIRGLNLa.
The Memorial Of the Cuitrdfsrs Of T6aeco, in all
the counties bordering upon Jarnes River and its
| branches:
| Your Memorialists approach your Honorable Body
with such feelings. rs they proud to believe, would
I'LL the bosoms OF Nirginsns under similar circunsan-
ces, In whatever quarter of the State they might be
found They represent that they pay with cheerful
ness their fair and just proportion OF tho taxes that
laid upon the land and abour Of the country, and will
not murmur at any burthen which Is justly and equal
y levied upon all the community, to which they are al.
lied by the most sacred lies. But after paying the tax
es upon their land and labour, they made pay
further, and heavy tax upon the produce Of that la
| he
earth in the community. II the truth of tho position
they have taken be established, they appeal with con-
idencc TO your Honorable Boy, for redress of their
| grievances. They will give a brief history of their
case, and leave the Legislature the examination of il
at large by reference to the documents that will be cit
ed humbiy trusting that each niber will give them
an attentive examination; make the his own; aud
whether under like circumstances he would endure
II without complaining TO the only tribunal from which
| relief be obtained.
In the year, 1884, charter granted to the James
| RIVER Company, the 18th section of which declare,
"That the tolls herein before allowed 10 be demanded
at the place above mentioned. granted and shall be
paid upon condition only. that the said James River
Company shall make the river well capable Of being
navigated in dry seasons by vessels drawing one foot
water at least from the highest place practicable the
Great Falls, beginning at Wetham; and shall or near
the said Falls, make such cuts, canal or canals
with sufficient locks Ii necessary each of 80 feet in
length, and 10 feet in breadth. as will open navga-
ton to water In all places at l. asst rs feet wide
cePt at all such locks, and capable of
sells or RATS drawing four feet water the least into
dcwa,er shall render such parts Of the river nayl.
| gable in the natural course"
| Before this company incorporated the produce
was carried on two canoes clamped together West
ham, from whence it waggoned TO the city of Rich.
mond These canoes carried nine hogsheads Of tobac-
In 1903, December 9Th. the James River Company
! TO take half tolls.
| In 1895. Nov 10Th. the Company made further or
der to take full tolls. They continued do for II
years.
In 1913, February 18th. the Legislature well know.
ing that the Company had been taking tolls to which
they were not entitled. because they had piled
with the terms Of their charter passed an act allow
ing them three years "to make the river capable of
being navgsed according to the terms of their char
ter"
In 1918. February 25,h resolution was adopted bv
the General Assembly, which, after reciting that it
aiiedged that the James River Company had failed to
perform the conditions which only they were at-
thorsed by the laws regulating their charter to demand
and receive tolls, mado II the duty of the Attorney
General TO institute the proper proceedings against
e
this allegation (Sess. Acts, lsi7-ls p 22o In pur-
suance of this resolution sthe Attorney General on be-
1915 obtained rule from the Superior Court of Law
for the County Of Henrco, against the James River
Company, commanding tho President and directors of
the said Company to appear before the said Court 10
show cause, If any they could why an information In
the nature OF writ Of quo t1arydrfo should not be fl
ed against the said James River Company its President
prevent their receiving toils
Because they have failed to make said river well
capable oil being navgated in dry by vessels
drawing one foot wafer least highest place
practicable, TO the Great Falls beginning at Westham
And because they have suffered the navigation to
be and remain obstruced by rocks, gravel, and other
distractions In said river. which renders its navigation
extremely difficult and dangerous.
/ D. And because they b""e failed, or near the said
Great Falls TO make s. ch cuts canal or canals:
with sufficient locks, and TO keep the In repair
each OF so feet in LENGTH -nd Is in breadth, will o.
pen navigation TO tide in all places least 20
feet wide, Except at all such locks capable of con-
veying vessels RATS drawing four feet water al the
least into tide water TO render such part of the river
navigabe IN The natural course, they bound
do by the acts Incorporating and regulating such Com
pany, and by the laws of the Commonwealth
''The rule was founded on the afidavs of numerous
witnesses, the tendency of whose evidence prove
that the Company had failed perform all those duties
which are specified in the rule. On the Of the
rule, The Company appeared and time having been gil
ven to them 10 procure evidence for the purpose OIL
showing cause against the rule, they also procured an
immense boly OF evidence, the tendency of which
however, not to show that they had discharged
their duties but 10 afford for nom perform
snce That excuse being founded the impr acticab-
y in dry seasons of making the bed Of the Of the
required DEPTH and from the effect OF floods at other
times, sweeping off their improvements and rendering
their perpetual efforts to comply literally with the char
ter, unsvaIling."
case as one OF great general importance and involving
questions OF novelty and difficulty adjourned the same tC
the General Court for their opinion and decision
tain named questions, and all others which might arise
out OF the rule to the evidence.
Il The cause argued by Mr.. Leigh for the Conpa
ny, and Mr. Nicholas and MIR. robertson the Attorney
General, for the Common wealth.
The Court, after mature examination Of the Law
and tho evidence, entered the following opinion and
Judgment
"The Court is unanimously Of opinion that the inor.
nation IN the nature Of quo to1rTdnto Is the proper
rem dy by which to try and decide, whether the char
ter oil the Company ought 10 be nuhed and vacated
10 prevent the Company from receiving tolls.
THAT the interest which the Common alth holds in
tho stock OF the James River Company presents no bar
to this proceeding against it..
"Fhat tho Superior Court Of Law for the county of
Henrico has jurisdiction in this case.
THAT the rule in this ought to be made absolute
and leave given the Attorney General, to tile infor.
nation in the nature Of quo UdyTonto.
"And that the information In the nature OF mo mar