Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1854-06-26

road, but could no, part With H. Tue people nigh,
thus surrender their charter but their agents the
Common Council were clothed With such power aud
could not surrender the charter. IL they could sur
render the charter thus street they could
to all the streets Iftbey could surrender them rail-
road company they could do the to turnpike com
pany, wagon company a cart and dray company II
they could do for nothing they might do for price;
aud So then We nigh. be compelled to pay toll to
company for travelling through every street In tho city,
Again, suppose tho railroad company had wanted tho
whole Of Broad street. could tho Common Council have
granted to them and thus destroyed the vauo of all the
property on the street by driving all travel except by
the railroad, FROM its Every body will answer no. How
them could tho Council grant part for purpose which,
In Its use would have the effect by expelps trade
and travel from ts The grant Of part Is as illegal AZ
OF the WHOLE II tho Of that part for the pur-
pose granted produces results similar, or equal to- the
grant Of the whole.
Tho moment therefore, Il Is asccrained that the grant
OF tho whole part Is destructive Of tho common right
safely 20 use the street, then the grant Il void II not
then the common Council instead Of tho right to protect
and preserve the streets for the OF all the
the right to grant them, sell them, to particular citi
zens, compsny-and il they grant Broad street to
tho railroad company why they grant Main street
to another company or to company Of citizens and thus
in fact put all the property Main In the power
Of persons who do no: foot Of We cauuot ride
on tho railroad without paying for It, lf they occupied
the whole street, could not ride any part Of tho
street without paying for 1t; and Il would be of
Main street, II were granted to company. But every
will say that street. intended for the benefit of ali
the citizens, cannot be granted to company of those
citizens. II that be and the cannot be granted
to company OF citizens living in the town, how il DO
granted to "a company living out OF the towns
Again, could the Common Council grant permission 10
company TO erect powder magazine in Broad or Main
Streety Every ono will answer no, Why uotg Every
Quo will answer because II would destroy the value of tho
property, aud endanger the lives of people living ne. II
Then does it not follow inevitably that the Council can
not grant 1t for any other purpose that produces like
suits And this is exactly case
Whatever obstrucs makes the $50 Off di0op,
or dangerous, or annoys people living near IT, is nui.
sance-and so decided in hecase Rosser VS. RAN
| lnt lab pnriar 4. ~.
Auburuc and Syracuse r. r., % Wendell IN w 4s2:
the people VS.. Cunningham Harris, Dcnios ~ VI
SEA; Drake and Others vs. the Hudson River X. X. Co.,
Barbour, IN f) sos and in still later case decided
by Judge Duer aud affirmed by the Supreme Court de-
nyng the right of the corporation OF New York to autho-
rze the construction OF Railroad in Broadway aud
also, decided by our Hastings Court in the case vs. Mr.
Forbes, for erecting planning machine which smoked the
passcrs by; aud So aso decided by the same Court in
the case vs. the r. F. p Co.. for digging pit in Broad
street And here would ask what Is the sin of smo
king few people occasionally compared with the Of
fence OF running steam engines through street or keep
ing them standing on tho track letting OIL steam to the
great terror OF all tho horses and hazard of our
We submit therefore, that there he no doubt of the
right Of the Council revoke the leave It has given 10
the Railroad 90, because IL was voluntary act for
which not cent was pid, and because the Council has
no right to authorize, much less justify aud continue
nuisance in public street.
q As to the expense. The Railroad Company will he
subjected to no loss because its property Broad street
will more than pay for expense the change will pro
duce, but II it will not loss Company is moro u.t
hcation Tor nuisance than loss to an individual and
neither eau justify a nuisance because il il pro6-
table il would be expensive to remove IL were
otherwise wealth might purchase the privilege Of affecting
the people with nuisances at its pleasure.
Nor Is such a loss by Company who paid not n cont
Tor the privilege justification for INJECTING loss upon
the people upon Broad street. That would be to take
property for the benefit OF the Railroad Company with
compensation which il contrary to the shirt AZ c,s,
OF our Constitution Suppose tn Railroad Company were
TO ask tina, Broad street should condemned to ia use
what would he the cost to it! From 100000 $780,
600 or more What right then has it use the street
without condemnation payment, and then COMPLAIN
| that II not allowed 10 use it 1t will lose.
Hut you have not the right to eIpel the Railroad from
the street You have the right, at least mitigate our
suffering by prohibiting the of steam the
Upon this point the Council ha, been always decided and
We believe unanimous, except the members of the Rail
| rod company who mad seats at the Board.
Upon that point the history is simple and clear "A IL,
| the law:
The P, ,o,1 Ss n. evil Of the railroad in s
GG%S, Hp,h;siGr Rshs5oTd p,venpSri, Allen,
inen ~ TSsT s1Hter Genad Anderson F.rtsE'S
SoSs i as ?ia aa.
Resolved ,hIsto!s TSs, Common Council possess. and
sasss % ysed or the right prohibit
Resolved That have no rirh, In viola,
road. Within ne ,sy any other TsS
depot on II street. aud of preserving repairing the same wher
s. Resolved Thati, not expedlen at . time to Dross,. -,
ton and the use Of locomotive engine; within
- Rsso,ytd That u + exPedisnt to prohbi, any
railway necessary for the de!yery
r.ra S shaeyey az as,e o T TeSr
The bsepIs submitted lime and in ISIS they sen, in ano
cradle G.thrsh sn T s ensns headed By the ven
. vaeni;ns Jane; Gray RathsrfcOra, RaherooId
Jr, Bnford e Nimmo, and Others. '''0DAA'
And the couneil adopted the following resolutions
are tod by the able aud faithful Monroe Ward
Resolved Tina. the Council city of Richmond no, only
maintains its right prohibit the locomotives within hi.
Ses 40 81 Sst %
Of their powers ' railroad company for A'y
They admit no other right mi; part tina,
Which from Its nature becomes less and less the longer "a
Aud as We have already shown by their resolutions the
commissioners oil streets for the city have in general
meeting recently affirmed the principles aud in the
case oil the Buio and Niagara Falls Railroad COMPANY
w. the city Of Buffalo, Hill 2O0 the point was
made aud expressly decided THAT the right on the part
OF the corporation to regulate the running OF railroad cars
within the corporate limits authorizes the prohibition Of
steam cars through any part Of the city" Now, as
We have already shewn the city reserved itself ali is
corporate powers among WHICH is the right to regulate
the running OF the cara aud n point OF c there il an
ordinance iobiddng speed than four miles per hour
which by the way, is twice fast IL should DO for
sl'ey) You have the right, least relieve us OF the
annoying and hazardous nuisance of engines Oh
Broad street, and il you will do more, least do that,
1t will surely be privilege enough the Railroad Com
pany, to allow it to in without charge by horse
power You can, and should give us further relief You
are bound by the existing ard by your oaths of office
as well az BY every principle of Justice ard equality in
the administration OF the law, pass the laws necessary
to compel this Railroad Company find depots Tor carr
and to enter them by instead of marrng and OBJ
structing Broad street, il does by large and
numerous turning planes and by eeyating its road above
the street The legal authorities already citod cover
these points aso fully We cannot believe il possible
that We appeal in vain to the Legislature of citythe
Capitol OF the most Republican Sate-for equal laws aud
an equal and impartial Administration Of them. THE
Government which brings that reptoach upon itself is
overhToWn in the confidence and Of the people
Exclusive privileges forbidden by our Constitution by
the genius OF our Government aud the spirit Of our peo
pie Let not the donunciaou Of Judge Robertson fall
Justly upon YOU when wealthy Railroad Company can
obs'ruo', With imppnity public street when private
citizen would be fined Tor putting box OF ashes In it,
Equal rights TO all secured by Just aud equal laws are
essential To liberty-wthout them we arc slaves aud
ihc social order is destroyed.
We that the advocates and defenders Of tho
Ghuses Of this Railroad company appeal for sympathy 10
the dement's It hos conferred upon this city, We answer
that the appeal luounded, In fact We ace no enemies
Of the compamy-we wish to do IL no injury and would
not deprive 1t Of single legal right Blu, wc