Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1853-12-15
THE RAILRI

THE RAILROAD NUISANCE on BROAD STREET
As much Of opinion prevails in relation to the
rights OF the railroad company, AMI the people respec
lively and 20 the action Of the Common Council her.
toote upon the subject deem proper in defence Of
our own rights aud the rights Of this community gene.
rally and for the purpose OF correcting the error referred
20. TO submit the following statements to the public the
accuracy Of WHICH MAJ he tested by any one who doubts
az the Chamberlain Once.
In the year $780, the Legislature of VIRGINIA incorpo
rated the Richmond Frederick shurg and Potomac Rail.
road Company for the purpose Of constructing railroad
from some point IA the Cts Of Richmond be apptoy.
ed 10y the Common Council Of the city" to some point In
the town Of fredericksburg Ia December 1894 TIN com.
p'ny applied 20 the Common Council for leiye To enter
tue cry aud extend their road along II h street and
tho council adopted resolution IN the follow ing g1rJs
to wit . '''17'
"Besolsci That the Common Council do apnroyc tho
proposed location Oi tho railroad and the present trrni
nus OF the same described ip the foregoing rcalutor
'oi the company aud auhoz, the prosecution of the
work within the limits ~ the city on the above oc,.
Provided that 10 locating the said railroad no injury b,iI
hc done 10 The water pipe sil in and nin,, ali
streets provided also that the Corporation Of richmond
shail not bc considered hereby parting with any porr
or chartered privilege, rot necessary the sail railroad
company for constructing the said nrold and connec
ting the 'amo WIKI the d.pUt Of the said comp,ny xibi,
the limits Of the city,
10 this relation to be found III, whole right and su
horiiy ut the company into the cify For tb,,
privilege they pnii not one cont ard the Council express
W fe'evcd every chartered right NJ the city cycspt the
Hsht 10 construct the RiOid and connect IL with Inc de-
pot To unsophisuclted mind this would scem IN h.
simple permission % construct the road tcscryup all
other powers IN which, Il necessity was the r,bt To- saw
whether the road should continue IN the city, and upoT
what terms IL should be continued like nic pcrmisson
given by one rmer 10 hs ncighbor farmer 10 pas, through
he land 20 town, MILL 70 Court NJ the pleasure OF
the gantor Under this reservation the original mower of
the CITY, 10 say nj what rates the cngine4 II used shoud
travel and whether engines should b. used or not was
taine1 II this ho not 20, aud the giant be considered
unconditional then the ,ity has control over the road
and the company may not only steam engines but
may drive them through the street the rate Of forty
miles TO the hour IL pcasesand such il contends il IL
right j. there prepared to conccdc ip And vet
" the city has not the right 20 revoke M permission and
eTpel The road Il has conirol H. for the perns.
sion 70 come into the city gives absolute add indefinite
right 70 come n then all control the mode Of coming
IN i lost 70 the city And then, ak what did the
provsos IN the resolution reserve they reserved her
the right 70 eSpe the road control s use 10 the CITY
The answer must be that they reserved nothing Then
why where they adopted but sulufy the C1unciY For
the prOvsos reserved nothing then every thing was sur.
rendered, and the engines aud NAV gu the whole
street from one end TO the other day aud night Il any
man mad enough 20 cOnccdc thisY
u such be the right Of the Company then Il nav a,
h pleasure, carry Runpowier open and unprotected by
steam engines through Broad street. although IL CANNOT
legally be carried through any other stfo,t except in
covered wagon In the day time. Who would live on Broad