Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1847-12-31

such being the express law, the Courts not bound
10 enquire into the reason Tor combining The pow.
er 10 cases which occur after subscription, bot
il may be easily imagined thai The Legislature
thought The remedy afforded BY The ionrlh aeciion,
| was sufficient 10 guard against Interpretations
Of funds, by giving The power Immediately amer
subscription 10 withhold payments. Besides, Inc
| Court thinks there is much force in the sugges-
,ions of one Of the counsel of the Louisa Rail-
road Company, that until The Commonwealth be-
came a corporaior by subscribing il might be
deemed ndelicale, if not Unauthorized 10 enquire
into The application Of the Company's funds.
1t is obvious from the whole of the proceedings
and documents in This Case, that The real defence
which the Board of Public Works makes, is their
supposed right 10 refuse 10 execute The acts OF
! 1917 by subscribing as directed because they do
not approve The route which The Louisa Railroad
Company have selected for the extension OF their
road 10 the eastern base OF The Blue Ridge al or
near the Rockfsh Gap. This brings up The cues.
lion whether the Board of Public Works have
any discretion or authority 10 supervise the pro-
ceedings OF the louisa Railroad in making their
road and 10 prescribe The route which the road
shall take. ] do moi find any such power given
by law 10 the Board OF Public Works, and if il
should be decided 10 exist, it would create great
disqnieiude in The minds of the incorporated com.
panes. II appears TO me, if any Thing is clear,
il is, that when The Legislature grants railroad
or u'hcr road charter that the selection of the route
is ieIl discretionary with the Company, unless
Otherwise designated by the act. There is no
doubt The Legislature may fix The route in The char
ter; they may fix terminus as well as the Start
iIg point, and may also designate The inlcrmedi-
ate points, al which The railroad shall touch
but in all other respects the Railroad Company
has right 10 designate the route. have exam.
ined many OF these Railroad charters, and find
that usually the law desisnales the commencing
point and The terminus, but no Intermediate points,
and in such case can il be doubted The universal I'M
dcrSanding is, that The Company fixes the route?
In the Gaze Of the Baltimore and Ohio Rail
Road, the law OF this Stale contemplated Wheel.
ing as the terminus, and the great contention
was, whether that terminus should be changed;
but never heard that any doubt was expressed
that power was vested in The Company 10 fix
the direction TO reach The terminus So TOO the
DanvilIe Road, the Richmond and Ohio Rail
Road Company, and others.
Ii it could be supposed board situated at Rich
mond after charter regularly Obtained, could,
at every step, exercise an authority over Inc in.
corporated companies, and control them, it-would
give, greatly fear, a fatal slab TO Internal I'm.
provements oil the Commonwealth.
II there is not power in the incorporated
companies 10 select the route, where not restrain
ed by the terms OF their charter, | would ask how
could Rail Road be carried into eifect2 Who
would have right 10 designate the course the
road shonld take? | feel persuaded The Board Of
Public Works has no such right, and il would
seem TO result from inevitable necessity, as well
as universal understanding that the right resides
in the company.
That it is possible that Railroad Company
might perverl the exercise of this power may be
imagined, but, TO correct such procedure, the
company would be liable 10 a prosecution by
quo parraato on behalf OF the Stale and for
fraudulent pcversion Of their charter, and misap
plicaion Of The funds, their charter might be
taken away. But this is not control which the
Board OF Public Works can exercise The court
is not satisfied that there has been violation Of
their charter by The selection OF the route made by
the company.
The act of 19i7 declares that the stock shall
be increased, ''ior The purpose Of extending their
road 10 the eastern base OF The Blue Ridge, inclu-
ding the purchase Of the necessary machinery
therefor, al such point as is suitable fer accommo-
dalng the trade Of The Valley of Virginia, hav-
ing regard not only TO the facility and economy OF
approaching he mountain, but also OF crossing
it, and 10 lis ultimate extension westward" Here
the terminus of the road is The eastern base Of The
Blue Ridge. The point al The base is no! desig.
mated, and the company is left 10 exercise its dis
cretion in selecting The point al the base. which,
in their opinion, is most suitable for accommoda-
ing The trade OF The Valley of Virginia, &c, &C..
as before stated.
Nothing is said in the law about terminus a
Harrisonburg, nor is any allusion made TO any
other route which it was the intention OF the Le-
gisature should be adhered TO. What right has
The Board Of Public Works, or any other body or
department, TO abrldse the power given 10 the
Louisa Railroad Company by the Legislature, or
10 annex any other condition to The extension OF
the road, Than that contained in The act iIseli2
The defence Sc, up by the Board OF Public
Works is, that they will not perform ministe-
rial act expressly cnjoincd on them. and in case
where no discretion was given, because The Louisa
Railroad Company, which had discretion as 10
the route of the road has exercised that discretion,
not asreeably with the opinions and wishes of the
d R9af O. S af PHss ne Gus ye Of thai road
A great deal of labor has been devoted by the
Board OF Public Works, TO endeavor to make out
ha, The route OF the railroad, as designated by
the company, is incompatible with some other
plan of crossing The mountain in The vicinity OF
Harrisopburg. have examined The acis OF As
sembIy referred TO in The different returns 10 the
mandamus, and have looked inlo The proceedings
lure, and have come TO the conviction that nothing
which has teca done BY the Legislature hereto
fore, can invalidae the act OF March s, lSi7.
Whatever expectations may have been formed,
and indications given, that Harrisonburg might
have been point in the route of The Louisa
Railroad to the West, yetrhe court is Of opinion,
that the provision of no acl Of Assembly i! has
examined, has ever declared or established any
right on the part OF Harisonburg 10 consider it,
self selected point in The route ofrhe railroad. Al
The lime The act of lS47 passed, the road had been
actually extended TO GordonsvilIe. The question
was in what manner il should be extended West
ward The Legislature grant charter allowing
discretion 10 The Louisa Railroad 10 select the
point at the base Of The Blue Ridge, to which il
shall be extended, and for The exercise OF this
right, given 10y law, The Board OF Public Works
refuse 10 carry into effect the provisions Of law
requiring them 10 subscribe.
In every view can lake Of the subject, ] am
OF opinion that he Board OF Public Works have
not shown sufficient cause against The Mandamus
Nisi, and that it must be made absolute.
A Copy Tesle,
J. ROBINSON, CT. Cir. CT.
For Hen, &C.. Com. Law side.
IE(:ISIATITRE OF VIRGINIA..