Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1854-06-26
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To the Members or the City Council.


The Richmond Wing Of the 9i.. Inst. contains the fol
lowing article
! "MEKrSo or ruE CousciL-An adjourned meeting o
the Council will DC held Monday, consider the serie
OF petitions now before them in favor Of and against III,
removal OF the Railroad from Broad street.
| 1--WE eanuo, o how the decision Of the Council ethe
way can effect the object sought by the petitioners snc
the hns settlement OF tho matter ater all would depeuS
upon TIE Judgment OF of higher courts OF Law
III the Council thought proper to issue injunction
against the Company with view TO compel them to
move the Road Il does follow that tho Company viii
| obey Law will be the inevitable result"
And as you are to assemble Monday next, for the
purpose oil considering tho nuisance and grievance which
referred TO in it. of which have often complained
to you We propose to exercise tho right which belongs
the constituent body Of calmly land respectfully address
Ing you upon the subject We surprised at the
article above mentioned, because the arrogant and
temp'uoas defiance Of your authority which makes IT, Is
in exsct keeping with tho past conduct Of the X. T. r.
Company although that contempt and defiance have
been 50 openly expressed before.
When our petitions you referred to the
OF Streets that body consisting oil the follow
ing gentlemen, viz: o. Haskins N d. Ill., O. S. Mills
ID. j. Saunders, IL. w. Fry, Thos. w. McCance, the
motion OF Mr. McCanco adopted the following resolutions,
viz:
l. Resolved, That tho Council OF tho city Of Rich
mond not only maintains its right prohibit the
locomotives within this city, whatsoever shall appear
expedent to do but In contradiction to all allegations
to the contrary they do positively deny all response
bty to indemnify tho Rroad Company for any such
ercise Of their legitimate powers. They admit no other
right in this respect the part OF that Company but to
a favorable and indulgent consideration: Claim which
from its nature becomes less aud less the longer it is IA
.vorsd.
.. Resolved, That considering the benefit which the
city has derived from the Railroad that II Is inc pedont
at this time to subject them the heavy charge and the
arrangement OF their affairs which would be occasoued
by tho prohibition Of tho Of locomotives within the
corporate limits.
s. Resolved That the use of Broad street by the said
Company aDepot for its is nuisance aud should
be forthwith prohibited.
Aud shortly afterwards complaint was made to the
Mayor OF the obstruction of Broad Street. by permitting
the to remain upon it. and using il depot The
Mayor tried aud convicted the offender aud imposed
dne yet the resolution of the Commissioner of Streets
aud the judgment oil the Mayor the highest Police aud
law officer Of the City, has been openly contemned and
the ordinance Of the City is still violated every day. Again
AS mo strongly TO mark its contempt of the auhori
Of the CoCnc aud the Mayor after both had decided
that the Company had merely a right Of way over the
street, the pleasure of the Council and therefore,
property in the President and Directors pro.
ceeded dig large pit in the of the street. and
although warned by the Mayor 20 desst, and then fined
for the nuisance, they went complete IT, and
scales in the street, aud appealed to the Hastings Court
from the decision OF tho Mayor After patient hearing
Of the evidence personal inspection of the nuisance
and full argument the Hastings Court unanimously al
frmed the decision of the Mayor aud ye, the nuisance
exists and OF daily occurenoe-n defiance Of the law
and now you the Legislature of the City, told that
IL you revoke the permission which you gave the Com
pany, street, your authority will be disregarded
Truly, this is OF things Unprecedented in
community as We apprehend II Is IN any community, even
in Boston, for there factious and REASONABLE
sistauce of the Law ultimately subdued aud the
premacy OF the aw proclaimed while here the reverse is
TIE impotency of the Law is proclaimed, and IT,
aud its ministers lie PROSTATE before the Of Rail
rOad Company. Can any man longer wonder tina, the
people OF Broad Street deserve be released the
dominion of such power? Does every citizen per
ceye that in principle and practice his rights and liberty
trAmpled upon, much ours, although his life
aud property b. eopardei and injured much
Aud no" gentleman OF the Council will you before
this insoolt defiance of your authority, by power Of
creation aud render aid TO bring laws
into emp ami establish UNEQUAL, and therefore
lyranica Goyernmenty All the Establishments, and all the
ut rich corporation backed 10y portion OF the
Press aud the lowest appeals OF the most unscruplou
and ndacious demagogues have been put in reqlsron
Tor the purpose of misleading ium dating al VINO
would oppose the Car u the Juggernau yiulcatc the
right of the people aud the public ag ust arrogant
oppression. Nay toe worst temper OF the red repubi
ihe enemy Of social order aud Of law has been *
an'ei 10y 90 the defender of this Awe,s mouop,-
.y 10 effort tSou;h the Press excite class ct
community against another, 10y irIu!ulcutly repre-
scUrUS VINO seeking protection irOu YOU actu-
ei hy unworthy motives aud hostility honest arti-
zaus Vet, yGG the representatives of the people
appeal without fear, nevertheless or UstceiUr that
protection to our lives our property and our rights which
/ under Constitution aud laws entitled to
To you gentlemen of the Council who represent Maii-
and Jefferson Wards, appeal for the display Of
msgnsuimity, though doubt you capable of IT,
but simply thnt you will tecoeet and upon the dv
maxim, DO unto others you would they should uu
YOU Lay, each your hand upon your heart and ask
hand upon your heart and a yourself the question
Wefe this a in Main Street instead OF Broad Street
the sufferers my immediate constituents would refus,
them relief 2" aud IT, truthuly, cOncicntously can
answer geS then deny relief but it. feel conf.
dent il would Le you no. then as fair Legsa
tors aud honorable gentcm>O You bound to relieve
US. II the proposition made to you extend the
Petersburg Road across the Canal, Northwardy along
| Eighth Street to the Depot Broad Street. aud East
wardly down Main Street. with the Central
York River Railroads. to be worked by locomotives would
you grant IL? We answer without hesitation that you
wo-d not for although peiioned by Mr. French
to allow hiI &c lag down the Railroad along Sh to Broad
in the Council could be found advocate it,
and by common consent it dropped and Of nc
could be found to advocate the still extensive
connection down Main Street-,hrow the grade of TIE
gueston-because heavily laden locomotives now pass
the Blue Ridge, the summit OF which is much higher
than the summit OF ManuS;reet. And il you would
fuse TO allow locomotives along Eighth and Main Streets
why will you allow them Broad Street! There is but
which can be given, and that is given with
air of great carnestness aud triumph by the defender.
of the monopoly but that is utterly alacou
and Insufficient, will show ii you will listen The
answar is two fold viz; |. That the permission the
| + 4 p Il Company has been given and canno: he re
yoked and therefore j: is Ike application for per
mission now. I'd That the Company having been allow
ed to in ought to be and thus SUBJECTED
to the expense Of Depot and Workshop. And tt
these the slang whangers behalf of the Company adj
tina, the trade of the city aud h travel will be injured
! removing the RAILROAD to the corporation line.
! Let us examine calmly each Of these answers:
l. Have you the power remove the Rlilrold to the
| Corporation line. We submit that an examination o
the facts will show beyond doubt only that you hav
the right but that il anything clear in the law
that the Council has no. and had the right aud a
thorIty to grant any other OF Stree. Raroat
Company than IL may grant to every individual citizen
which is the right to pass through and it in such
manner not 70 obsruct the Of il by others or
render that use dangerous aud nconvenent Unless in
deed, there be one Law Tor Railroads in Richmond, and
different lag for them every where else.
! But % the facts
In the year $780, the Legislature OF Virginia iuoorpo
rated the Richmond, Fredericksburg aud Potomac Raj
Road Company for the purpose Of constructing Rail
road from some point in tho City Of Richmond to b.
approved BY the Common Council Of the city," 70 som
point 10 the town Of Fredericksburg. Ia December 1873
| the company applied TO the Common Council for leave u
tho CITY, and cyeni their road along to slh street
and the Council adopted resolution 10 the following
words to wit
| dissolved, That the Common Council DO approve th
proposed location Of railroad and the present term
nus the same described In the foregoing resolution
OF the company and authorize the prosecution Of tn
work within tho limits Of the city the above location
Provided that in locating the sGG railroad injury sha
be dOuc to the water pipes laid Ia aud along sa
street, provided also that the Corporation of Ricbnun
shall be considered hereby parting with any powe
OF chartered privilege, necessary the said raoa
company for constructing tho said railroad and connect
ing the came With tie depot Of the said company With