Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-12-07

country, and will not murtnur Il, any burhen which
is justly and equally levied upon all the community,
| to which they allied by the sacred ties
But after paying the taxes upon their land and la
bour. they made to pay further, and heavy
upon the produce of that labour; which is levied up
on other cultivators the earth in the commune
ty. 1.-THE truth of the position they have taken be
established, they appeal with confidence to your Hu-
| nourabe Body for redress of their grievances They
will give brief history oftheir case, and leave to the
Legislature the examination of 1t at large by refer
| ence to the documents that will be cited; humbIy
trusting, that each member will give them an atten-
tive examinations rreke the case his own; and say.
whether undor like circumstances, he would endure
1t without complaining to the ouy tribunal from
which relief can be obtainod.
| In the year 1884, charter granted to the
James River Company, the 18th section OF which de
clares, THAT the tolls herein cfore allowed be de-
manded at the place above mentioned, are granted,
and shall be paid upon condition only, that Tic said
! James River Company shall make the we'll
pabe OF beng navlgated IN dry seasons by vessels
drawing one foot wafer al least. from the highest
place practicable, to the Grrat Fais, beginning at
Westham; and shall nj or near the said Falls, make
such cut or cuts, canal canals, w sufficient locks
II necessary. each OF 80 feet length, and feet IN
breadth, as will open Navigation to tide water, in all
places at least % feet wide excet at all such locks,
and capable of conveying vessels RATS draw wing
four feet water at the least into tide water, or shall
render such parts of the navigabc in the
raj course
Before this company Incorporated, the produce
was carried on two canoes clamped together
Wesham from whence it was wagoned to the city
cf Richmond: These carried nine hogsheads
of tobacco.
In 1898, December sth the james River Compa-
ny made order their books, directing their
Agents To take half tolls.
In 1895, November lOth the Company made
further order to rake full tolls. They continued to
do so for IL years
In 1913, February 18th the Legislature, well
knowing that the Company had been taking tolls to
which they not entitled because they had no,
complied with the terms Of their charter, passed an
act allowing them three years s'to make the river
capable of being navigated according to the terms Of
| their charter
| In 1919, February the 25th resolution was adop
| ted by the General Assembly, which. after recng
| that it was alledged that the James River Company
| had failed to perform the conditions which only
| they were authorized by the laws regulating their
charter, to demand, and receive tolls, made it the
duty of the Attorney General, to institute pro-
ceedings against the company for the purpose of az
pertaining the truth of this allegation. Sess Acts
1919, p. e25.) In pursuance of this resolution
1.-THE Attorney General behalf of the Common
wealth. on the Gath September 1918. obtained q rule
| fromthe Superior Court of Law for the County of
| HenrIco, against the JahIes River company com
handing the President end Directors of the said
Company to appear before the said Court to show
cause, II any they could, why an information in the
nature OF writ OF quo Warranto. should not be filed
against the said James River Company, its Presdent
and Directors, to nuiy and their charter and
to prevent their receiving tolls:
l. Because they have failed make said River we'll
capable of being naviga,ed in dry seasons by vessels
drawing one foot water at least from the highest place
practicable to the Great Falls beginning al Wesham
2. And because they have suffered the navigation
to be and remain obstructed by rocks, gravel and O.
ther distractions in said river which render its naY
cation extremely difficult and dangerous
| 8 And because they have failed, at or near the
said Great Falls, to make such CIT cuts, canal or ca
nails, with sufficient locks and keep the same in re
pair, each of 80 feet in LENGTH feet in bread,
as will open navigation tide water in all places =,
least % feet w'de Except at all such locks) and capa
BILE of conveying vessels RATS drawing four feet
ter at the least into tide water render such part
of the river navigable in the natural course as thew
were bound to do by the incorporating and reeu-
latng such Company, and by the laws of the Common
wealth"
"rhe rule founded the afflayits, of numerous
| witnesses, the tendency CT whose evidence was to
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 given to them to procure evidence for the Pur
pose OF showing cause against the rule they also pro-
cured immense body of evidence, the tendency of
which, however, was not to show that they had dis
charged their duties; but to afford for
performance That excuse being founded on the i'm
practicabiy, in dry seasons, of making bed of the
river the required depth, and from the effect of foods
at other times, sweeping off their Improvement and
rendering their perpetual efforts comply literally
| with the charter, unayailng."
The Superior Court of Henrco considering the case
as of great general Importance, and involving
questions novelty and difficulty adjourned the same
to the General Court for their opinion aad decision
certain named questions. and ali others which might
rise out of the rule to the evidence
The cause was argued by Mr. Leigh for the Gonna
ny, and Mr.. Nicholas and Mr. Robertson the Attorney
General, for the Commons ealth.
The Court, after mature examination of the law and
the evidence, entered the following opinion and iudg-
ment;-
"'Fhe Court is unanimously of opinion, that the in
formation in the nature of quo warranto is the pro-
per remedy by which TO try and decide, whether the
charter of the Company ought to be nullhed and va.
Gated, or to prevent the Company from receiving tolls
"ihat the interest which the Commonwealth holds in
the stock OF the James River Company, presents no
bar to this proceeding against it:
THAT the Superior Court of Law for the county #
Henrco has jurisdiction in this case
That the rule in this ought to be made ALSO.
lutte, and leave given the Attorney Genera to file an
information in the nature of a quo warranto:
"And that the information IN the nature of a ouo
warranto will lie against the corporation of the James
River Company, co nomne, TO try whether said Com.
pany hath forfeited its franchise of being corporations
as well as lis other franchises and liberties which is
ordered to be certified, &C."