Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-07-31

1t ready Tor Market
THE FREDERICKSBU AND LOUISA
RAILROADS.&C. insert below The opinion
delivered by Judge Clop'on, on Tuesday last, in
the important injunction case between the Ere
dericksbu,g and Louisa Railroad Companies:
OPINION OF JUDGE CLOPrON.
DrLIyrasp TUssDAY, JULY 2iTH, 1919.
The Richmond. F,tderieks5urg & Potomac R.il
road Cympsny, Us tho Louisa Ra,I'oaS Co
AMI he Louisa Railroad Co., rs tie Richmond
F}edcrics.5urg & Po,omae RailrOcd Co.
The FreLeiicasourg Company, by their bill,
seek rclei by injunction, (Which is The only
mode under any circumstances by which this
Ccurl could administer IT'D and they presen! their
claim 10 Thai relief 10 three aspec's trsi an IN.
junction 10 the construction oil the road by the
defendants; second, an Injunction to the crossing
of the Fredericksburg road by lhe road OF Inc
defendants; and third, az injunction TO the trans.
porlalion Of passengers upon Inc ROAD no" 10
progress OF construction; and they claim 10 be re-
ieved by junction, upon The ground that The
Law Authorizing the extension Of the Louisa Rail.
road from the junction 10 or near the Dock, In
lhe civ OF Richmond, is violation OF the guar.
anlee or pledge given 10 them by The Legislature
in their charter and is therefore unconstitutional
aud void, ry force of that provision IN Inc Con-
s,i,u,iop OF lhe Unied States, which declares that
no STATE shall pass any law impalriDg The ool'Sa-
lion of contracts. BY the lhirty.eishth sect'on
Of the charter Of The Fredericksburg Company,
Il is enacted and declared, and The Lssisla.
lure pledges itself that il will moi, Tor me Pc
Iiod OF h,rIy years from The completion OF mat
road, allow any other railroad 70 DC con-
s,ruc,ed between the cities of Richmond aud
Washington, or for any portion OF the distance,
| IL oc n n m.
ish the number Of passengers travelling between
! the one city and tho other, upon the railroad
authorized By the act, or to compel the compa'
nv, in order 10 retain such passengers, TO reduce
the passage money. The Legislature intsnSed
| this enactment as on indusement to those, who
should thereafter constitute The company, to 40
venture their private funds 10 the work for the
public bcuedl And concsding The power OF
| The Legislature TO do this il becomes necessary
10 ascertain the extent and meaning Of The guar,
aptee aud pledge, and OF tho monopoly GAINED
under il. Nothing can be claimed as grantee
by implication, nothing 10 derogation O! oom
mon right can be presuned-it must plainly sP
pear by the grant itself. Whatavcr may oe Inc
saec, OF this section as 10 passengers, did ths
Legislature by It's enactment intend to part VIII
The power to authorize the construction CT olhel
railroads between Richmond and Fredericksburg
for other purposesl am Of opinion that 'nef'
i. nothing 10 The act 10 warrant sucn eooclu
sion The Legislature had unrestricted pow
10 pass the act of March twenty seveo'n, e'Su
Teen hundred and forty eight. authorizing .a'
Louisa Company TO extend thoir ROAD oy .u'
most desirable route 10 or rear the Dock ~ lns
city of Richmond, aud they have exercised la'
power; therefore, the Injunction prayed LOT .
tho construction Of tho road must 30 ocnlea.
Second The right of crossing the track OF tn'
fredericksburg road BY The pew road 10 lh'
case Of the Tuekahoe Canal Company sgsins