Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-03-12

We insert the subjoined communication from Mr.. H.
Nelson, in order that our readers may be made ac-
quainted with the facts States and notwithstanding its
unwarrantable and impairment assumptions that we
have assaed the reputation of distinguished Judge and
unceremoniously meddled with the "prvate business
relations of the writer In article of yesterday,
every reader must have seen, our only object TO
bring the in question public attention. illus
ration of what conceived to be very announcement
policy of law, it had been, in several instances,
udicially construed We did not profess, but, on the
contrary, distinctly declined, to speak OF the merits OF
Mr.. Nelson's application for injunction and we sug-
gested that ready and eectua security against neon
yenence resulting to the public, from the sudden arrest
by injunction, OF work of improvement, would be
full preliminary hearing of each party As to any i'm
putaton upon the charac Of Judge Daniel either
Judge or as man we presume it is wholly unnecessary
for US to discaim it. We did not, by any means,
to impeach the of his judicial act under the
law which he had to consrue for it is the province Of
the courts to determine what the law actually is But
did raise question TO what the law, governing
such cases, ought to be, and this conceived per-
fectly legitimate subject of public inquiry.
Mr. H. Nelson may not perceive the propriety of our
abiding il, OF his private matters in litigation, but
when his private interests in conflict en-
erprise in which the State, the city of Richmond and
large number of individuals concerned he need no.
be surprised the proceeding advered to in the
| newspapers.
RICHMOND, March IL, 1850,
| To the Editors Of the Daily Richmond Times.
| GENTLEMEN The editorial article which appeared
in your paper OF this morning, headed Another In
junction, needs bret notice at my hands, as it is cal
culaed, it unnoticed, to prejudice both my rights and
Interests well the unsulied and well established
judicial reputation OF one of the soundest lawyers on
| tha hapc If tba CoIrt IF A ,rto
pety the private business relations udciousy decided
upon of citizen can be thus logged before the pub
| lie, leave you TO decide
The case as you are please to state it, is wholly DIFF
| facts simply as follows:
| Upon discovering that the Richmond and Danvlle
Railroad Company about to enter upon an island
belonging for the purpose of blasting rock, 10 be
used in the erection OF their BRIDGE at wenupon
| the island with the President of the Company and
pointed out to him the character of the property and
the reparabte injury which his contemplated trespass
would occasion to my property He still persisted in
his design and insisted on his right to enter upon and
appropriate it to the uses Of the Company under the
18th section of the General Railroad Law OF 1887
then consulted counsel, who advised me yet to make
another effort induce the company desst Accord
ingy addressed letter to the President pointing out
to him distinctly the nature OF the injury which his de-
sign if persisted in, would cause to my property To
this he replied that he would not desst.
My counsel then prepared an injunction for me, TO
ah 1a4 d as Fsaea y a This
junction. under his construction of the 18th section Of the
same law. My counsel then prepared petition, to be
presented to Judge OF the Court of Appeals which
was done and the injunction awarded upon the ground
that the company had no right power under the cir
cumstances, TO destroy my property touch it, under
the existing state oil facts
Such are the facts briefly stated of this case. How
you could find it consistent with duty in accordance
with proprety, to assa by indirecton-the judicial
act of so pure and distinguished a JudgeI am al
loss to know, unless you have the opinion that
there is no lao tootect the private property of ci-
zen from the demands of powerful company
papers on our fe in this case and considered the au-
thorty bearing on it, with the general railroad law
must be allowed express the hope that you would not
have thus unceremoniousy dragged me before the pub
lie.
Respectfully yours, HALL NELSON.