The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1853-11-16

Ine Ofange and Alexanfra r5ad viii fi,sf - sh ~
ton Be correct il i. sss hsye taken q this
the Orange aud road q souS os ss
the subject If s ~ clearly
oil be rnei and q the respondenfs are seekne 4
make the connection with thss road il mie 81 press
grave question whether the Court should ward 81
Issaee unless sepay n % oshs
ssef.isa 9ss cssst s gss %s az e s
hilary apprehsndsd BY the eopIansns aa eonis
we ssiss ss
under the restraining order of the Court. Endei
hsss esl sssRs sF a ls p
The next enquiry will be as to the right Of the re
\ spondents TO transport the war havep' from fae
sen way srays py IS meant 81 thai trsge xhieb. il ts
absence of any other road, would seek the road 0
.ne complainants a. means Of travelling from an N
Washington or the city of Richn1ond Do thesfe-
spopdenls by transporting such passensets tlolate
acs Of ineoTporationf Isssad oR tbs psrt Of the
respondents that the S3th section does not embrace
tne way travel but only the through travef-and ne
that section relied limit and eonfiae sbe
guarantee to the latter description of travel alone
OF Importance warranted by their position in the
sentence and inconsistent with the context IL de-
teats in part the ayowed and sechief indlce1nsnt'
heid out BY the Legislature to individuals to sub
scribe for stock in the road of the 1co,nplanants
That indacement being the privilege Of Transporting
and the pledge on the Of sns
they should not thereafter be deprived of it. To
prevent their stockholders from passen-
gers from one city to the other would be deprive
them of this inducements, altogether; and SO to de-
Prive them of the privilege of transporting passe-
0@ sea IS .0 os s,bs e sss
ducement" unless it shah be contended land that Il
the legitimate effect Of such an taron Of the
words under consideraton that whist the LegisIal
ture meant to guarantee to the stockholders the pf
Fege OF Transporting passengers from city The
other companies the privilege of transporting pas
seugers from an immediate point either of sad ci-
ties. In ether words, that whilst. the Legislature
guaranteed eothis company the whole privilege, 1t
did not guarantee any of It's PARTS and though
not deprve them of the swheIe it may deprive them
strdcted from of said cities to an intermediate
point on the road of the compainants few yards
short OF the other city, would prove successful rival
to the for the transportation of passen-
gers between theone city and the other,D and ttps
substantially destroy the privilege guaranteed to the
GompIanants; The reservation on the part Of the
the avowed guarantee to the complainants, and ade
quate to its defeat and whilst it Is true. that it
competent TO the Legislature to confer the COM
planants limited and restricted guarantee as it
saw nit, yet such narrow Interpretation night hotto
be given to it. since itwoud Substantially destroy the
clearly avowed inducemeht held out to those. who
should invest their capital in the compainants road
unless that Interpretation is warranted by the clear
and explicit terms of the guarantee itself-apd to
suppose that the Legs ature designed to retain the
power virtually to destroy the privilege SO copsEicu
ously and invitingly held out, without distinctly
av9wing 1t, would be to impute degree of bad faith
Ito that department of the government, which my
respect for it forbids me to entertain,
That the Legislature had its attention called tthe
time of the Incorporation Of the plainants COM
pany to the subject of restricting the privileges guar
anteed BY its charter is clearly shown BY the prov
ed of constructing railroad from the city of Rich
| mond tothe town of Rappahad1ock, and ffom y rer
dericksbnrg to Washin eton city--the one linlita
ton the thFOu hit the
vel And if il had been the intention of the Legis-
iatnre to restrict their privilege within the narrow
have expressed that intention in eqHiyoeal terms
and would not have left it vague conjecture In
she absence OF such anutention Clearly expressed.
do not feel at liberty to interpret ii by giving
OF the words used one of the several meaning which
they are susceptible of bearing parts of
renee controlling influence not warranted by the
context; and whilst these proyises do clearly de-
fine the limits of the privilege guaranteed to the COM
planants yet they show it to be extensive and taken
in connexion with the object the Leeislatare had in
view of awakening interest in the cause of inter
nal improvements and inviting capital to seek that
mode of investment by holding out to it strong in.
ducements renders just and proper that this guar
antee should receive liberal Interpretation ~
Nor Is this CONCLUSION in conflict with the principle
that grants from States to corporations of such exc
siye privileges are to be construed most strongly
against the grantees As to the application of this
rule of construction to the under
beg leave to quote and adopt the language of Judge
Curtis reported in 18th Howards reports in former
controversy between these parties He says: .eThs
/
which applies to private grants the last to be re.
sorted to- and never to be relied upon but when all
other rules of exposition fall grant, such is now
in question: in consideration of the grantees rsking
their capital in untried enterprise which, If sue
cessful will greatly promote the public coed. in no
proper sense confers a monopoly. 1t snallss the
grantees to enjoy for limited time, what thew NAV
justly be considered as creating It is in substance
Land reality, well as in legal effect contract and
in my Judgment it is the duty of the court give it
such construction as will carry it into full effect
imposing on the public no restriction and no burden
not stipulated for, and depriving the company of
1 advantage, which the contract fairly construed,
| gives" - = '1-5F ; = - $3.50 rs
But ifauy doubt existed SITTER what have said Of
the exclusive right of the complanants to Transport
the way trayel,o it would be removed by reference
TO another clause of the IS Oh section By that
the Legislature pledges itself the Complainant
not to allow any other railroad be constructed be-
tween the city of Richmond and the " of yVssf1.
ington or airy portion Of The said disaanceo WY
road to be constructed for any portion of said dis
tance, if it's intention had been to- confer on fif
I ,compiainants the privilege of transporting the
Through trasef,only. Such restriction on the Le.
gisiative power not in order to secus
The II rough trareLi Do not these words show gor
cldsivey that the Legislature to guaranfes
/ 10 the compainants he 'way traven as well as the
i Through travel ~ ANY other nterprr tatio would
require the words sior any portion of sad distance
tobe stricken out superfuous and - and
thus violate the well established rule of
that "a statute ought on the whole, to be so cog
strued. bhaf 1t 1t can be prevented no clause, SEN
tence word shalbe snFerfueus, void or insianE.
tScantn at4 - E.s :: ,sisss
m The remaining eaqry involves the right of the TO-
sppudents spnrt the .eross traseIr Nv which
J is meant the travel coming from the West by tha
road of the respondents to the city of Richmond
going from the city of Richmond the West byttis
road and thuserossing the road of tlse eonp
In order to solve this question and define The hi.
of the parties this point it will bs 10
certain what description Of travel de
signed TO secure to the cemplainants aganst aIoou
petition, to find out the legislative fent rs 81
have already said fhatit Conferred uron the com
plainsnis f1s exclusive night Of transporting tn,
much ehtong this subject. It deseribe the road q
the comptanants one which viii Storm uart o.
the main Northern and Southern route between The
| city of Richmond and the city of Washington And
when the tegrsfature secured this ,nIpauv ..rs
pfvile geot Transporting passengersDon the Saren il
must have beenin contemplation such travel fhil
road would create, the 'nain Northern and South
efn route,n between these two cities, and which, 10
the absence Of auy other road would seek it a.
means of travelling ThN description Of the road "a
which this privilege js attacked servesa descrr-
ton of the travel ITSELF which the object OF that
1 privilege and operates a. lmitetipn on the pTiyt
1ege BY disclosing the legslatye lptepf ~ ganpns
It The grant to the compainagfs tbs praYals9e q
transporting passengers their Tead ana xeceisine
the passage money therefor sxtends not onsy tgsas
travel as existed at the time fe road lrsr went ne
operation bpt likewise to al sueh trsve1 a e could
fdurDg the continuance Of this privilege efeate and
bring into existence BY fesortins g 81 the means a.
appliances It's charter empowered II topse Fsfthe!
than this do not thiuk thig prisliese Nas designed
This view il trensfhened 81 che SSH section. The
preamble declares that the object the Legislature bad