Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1830-12-06

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upon the produce of that isbou,; which is levied up
on no other cnllvators ofthe Garth in the comuni-
y IL the truth OF the position they have taken be
es'aoshcI' they appeal with confidence to your Ho-
h.nraoie Body, Tor redress of their grievances They
w give brief history ofther cese, and leave tn tho
legislature the examination of 1t at Large. by refer
ehce To the documents that will b. cited; hun,bly
trusting tilat each member Will give them an utten-
tive examination; make the case his own; and say.
wh' Their undcr Ike circumstances, he would endure
wnhout complaining u the only tribunal from
which relief can he ob;aincd.
In the year 1881. cbir,cr was granted to the
Jam River Company, the 18th section OF which de.
cares. THAT the tails herein hctre allowed To be de-
manded al the place above mentioned, arc granted
anu sha. he pad up'n c,ndior only, that the SAID
James River Comr'ny SHALL make the river well ca.
pablo oi beng navga'rd IN dry Seasons by vessels
drawing one hot wa'er at i"ust. from the highest
place practicable, In the Great Falls bepiunnr ut
Wesiham; aud shall, or near the said Falls. make
such cut CIRCUITS, canal canals with sufficient locks
necessary each OF 30 feet IN length, and feet in
oread'h rs viii open navigation to tide water. all
places ~ least p feet wide EXCEPT at all such locks
and capable ~ conveying vessels or RATS drawing
tur feet water at the least INTO tide water or shall
render SUCH parts OF the navgablc in the nntu
raj couIse."
Before this company was oora,cd the produce
was carried on Two canoes clsmpcd Together 10
Wcs'hsm. from whence IL wagoncd TO the city
81 Redmond: These canoes carried nine horsheads
of tobaccr
10 1898. December str, tho James River ComuS
ny made an order their books, directing their
Agents tn take half tolls.
In l195, November 10th. the Company made 4
further order to take full tolls They continued TO
do so for ~ years
In 1913, February 18th. the Legislature. we'll
knowing tina, the Company had h en- taking tolls 10
which they were not entitled bccau.e thcv had rot
complied w,h the terms of their charter nassed an
act allowing them three years 80 make tie riyHer
capable ri being Gav'ga'ed according to the terms OF
their charter"
In 1878, February tho e5,h y resolution was ndrr
ted by The General Assembly, which. after reci,inr
that II was alletGFd that the James River Crmpary
had failed 10 perform the cnntinns on which oplv
thcy w"rr au hori%ed by the laws regulating their
carter. to demand and receive tolls made i, tho
nn'v OF the Attorney G"nc'al. TO institute mo-
ceed'ngs 'Gaitsi the COMPANY forth" purpose of a..
cerfainmg The truth OF this allegation. fSass Acts
1918. 225.) IN pursuance II this resol,,;n,
1.-THE Attorney General behalf of the Common
wealth, on III" 9th September 1919 obtained n rule
from the Superior Court of Law for tho Coun,y or
Henrico, against the James River cnmpanv. com
manding the President md Directors nc tho soid
Company tn appear before the said Court tn show
cause, II any they could Why information in the
nature al writ of quo warran'o should not h., 6.d
against the SAID James River Company its President
and Directors, to nuify and their charter and
t. prevent their receiving tolls:
l. Because they have failed to make sal River ,.u
capable Of being navgated in try sessors by ,.s.oI
drawing one loot water least frnn the nIac
rac'icah'e TO the Great Falls, beginning al wes,ham
Z. And because they have suffered the rav;ga ,;o,
10 ne and remain DISTRACTED ny rocks, gravel and o.
ther distractions in sal r'v-r which render its nav
6ation extremely difficult and dangerous
3 And because they have failed, at or n.,r ,,
SAID Great Falls To MAKE such cuts canal mr. "a
nails, with sufficient locks, and,,o keen the SON. ~ ~
par saeh ct 8o feet in length. and feet in breadth
as wi open navigation to tide all nIac.s a,
east 'eet VIDE Excerpt at all such locks and
e o' conveying vessels or RATS drawing four feet wa
ter at the least, into tide water render such nor,
OF the river ntvga5e in the natural course az ,hrv
were bound to do by the Incorporating and regu
la,inC such Company and by the l,x of ~. r,s "'
wealth" VIC "'o"-
"The rule founded IN the aft iavi,s of humorous
witnesses the tendency of whose evidence was IN
prove that the Company had failed perform all those
duties, which are specified the rule On the return
OF the rule the Company appeared; and time hay;nr
oeen given tn them TO prscure evidence for tho No.
pose OF showing cause nst the rnle, they also pro
cure an immense BODY of evidence, the te ndencv of
winch however, was not to show that they had dis.
charged their duties; but afford an excuse for on
performance. mat excuse being founded on the i'm.
pracucao'y, w siry seasons, of making bed of the
river the required depth, and the effect of Goods
AZ Other times, sweeping OF their Improvement and
rendering their perpetual efforts to comply L,sr.
with the charter unavaing.' '
The Superior Court of Henrco considering the Gao.
as one ct great general importance, and involving
questions OF novelty and difficulty adourned tho CO.,.
10 the General Court for their o6in;on ,,d J.c;; ~
certain named questions and all others which nigh,
rise out ut the rule 10 The evidence
The cause was argued by Mr. LEIGH for the con,.
N.Y. and Mr. Nicholas and Mr.. Robertson the Atorncu
General for the Commonu ealtb. '
Inc Court after mature examination Of the law and
me evidence entered the following opinion and i,dg
ment;- ' jung
Inc Court IS unanimously If opinion, tina, the in
or"'a'on ~ the nature of quo warranto is tn. pro
remedy ny winch to try and decide whe thar the
charter OF the Company ought to be nufied and va
0'en' or 10 prevent the Company from receiving tolls
- nat the interest which the Commonwealth holds in
.he stock OF the James River Company, presents M
oar to this proceeding against il: Nv
THAT the Superior Court of Law for ,,a .,,, r
uenrlco has jurisdiction IN this case: ' "
nav the ru'e IN Tins case ought to be made abso
ana 'eaVe gwen the Attorney Genera TO file an
",".ma',1h IN the nature OF a quo warranto:
AND that the information IN The nature of q o,o
warran,o VIII lie against the corporation of ,b, Jms
nver company, eo nonine, to try whether said com
Pay main forfeited ITS franchise of being corpora:ion
as well as ITS other franchises and lib r,;es vi.i
ordered to be certified, &c" - WIFI" %
Aher this decision. the Superior Com, ofITo,.;co
uIec'cd me rule to bc made absolute, and an mfr
awi was thcrcupon filed agains; the Cnmn,nv
-" me this prosecution was pending a mos, unvy,sc
arrangement was made with the James Rtver Con,
pany ny some OF The rodng characters Of the S,,,e
VINO possessed more enthusiasm in The cause
improvement tbsD Judgment IN the execut,on winch
resulted IN ah act Of the Legislature of I7th FIJI.