Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-09-10
For the Enquirer.

Messrs. Ediiors:-In your remarks predatory TO
tbs communication of Mr. Robert Tyler of Philadel-
phia published in your number Of the 26'h ultiIno,
you think are under misrepresentation OF THE CHAR
AcTER of the judicial decisions, which have been
made in relation to the rights ofthe Richmond, Fred.
ericksburp and Potomac Rail Road Company, under
their charter. The opinion of Judge Meredith, the
only ons yet given on the question OF THE USE OF
THE RAIL ROAD Of the Virginia Central Rail Road
Company admits expressly the right of the Richmond
fredericksburg and Potomac Rail Road Company,
under The Guaranty of i's charter, BOTH TO THE
THROUGH TRAVEL between Richmond and Washing.
ton and THE WAY TRAVEL, rs you will percelvs by
the following extracts from II:
"First of the through travel, or that which passes
between the city of Richmond and the city OF WASH
ington; it cannot be denied that the guarantee con-
tanned in The 18th section Of their charter secures to
the compainants The right 10 transport all travellers
passing along tho line OF their road, through It's whoe
extent. In truth the counsel tor The respondent IN
their argument in support OF inc claim OF tner cen'S
TO carry the "way travel from the JUNCTION TO the
city OF Richmond, conceded that the privilege guaran
,tei TO the compliments by their charter applied to
the through travel, and insisted that it applied TO
that travel only.
at any doubt existed after what have said Of the
exclusive right of the companants to transport the
way travel" it would be removed by another clause
of the 3Srh section. BY that eectlon the Legislature
pledges itselI TO the compainants. not to allow hny
other railroad TO be constructed between he cry {"
Richmond and the CITY of Washington OR FOR ANY
PORTION OF THE BALD DISTANCE. Why should the
/. gsiaure pledge itself not to allsw araT0ad To ne
constructed tor any portion of ead distance II MS IN
tention had been 10 confer on the complalnans inc
privilege OF lrausporting the through travel ouly!
Now the complaint Of the stockholders OF the
Richmond Fredericksburg and Potomac Rail Road
Company, here as well abroad is THAT whilst the
opinion of Judge Meredith las OF every judge
who has considered the easel conceded The rights
of the Richmond, Fredericksburg and Potomac
Rail Road Company to both me through ana way
travel, the Injunction asked for against violation
of their rights was refused, and in consequence
of this reiu-sI. the Virginia Central Rail Road
Company, who in their answer IN the original
hill of the Richmond, fredericksburg and Potomac
Rail Road Company, applying for an INJUNCTION against
the construction Of ihir rsi road, as reason why
the Injunction should mot be granted stated that they
did not propose carry but expressly dscslin the
right TO carry upon their road any passengers gong
from Richmnnd TO Warrington or from Washington
Ia III bmnp6," are now conveying all The passengers
b-,u ,-n Richmond and Washington. who can b- d.
vtrted from rhe Richmond, Fredericksburg and +"
tonac Rail Road, by more reduced rates at fare aii0
arrangements with other companies IN and ont OF
Virg MIA.
Now Messrs. L iitors. it humhly ssens to me thar
there must be eume violation ct faith in this matter
H. when the State OF Virginia has soemnly pledged
herself (as IN ducem-nt 10 capitalists and others {"
subscribe large SUMS OF lon-y 10 Uu'lh u
between Richmond and H. Potomac) that it wou'G
not for the period ri 80 yesr. from the completion
of said railroad allow any other railroad 10 be COLI
strucied between the city Of Richmond and fhs ci''
of Warrington Ok FOR ANY PORTION OF THE SAID
DISTANCE, tho probable effect of which would be L"
diminish the number OF passengers travelling between
the one city aud the other upon ths railroad author
ised by this aot or to compel the Company in order
10 retain such passengers 10 reduc. the passage mo
pry," another railroad can be- msne for The dis
lance Of % miles nearly parallel {" The one I" which
she has given this pledge, on THE DISCLAIMER ny
the parties making the second railroad, OF AM
right 10 convey such passengers, AND OF ANY INrEh-
TIos to do and it, when these last paries, IN fhe
face of their positive disclaimer, and the admitted
rights Of the fret proceed TO convey such passengers
aud use their utmost exerions, by reduced rates Of
fare and otherwise TO divert travel which they admit
was guaranteed by the State TO another railroad com.
pauy, THEY ARE ALLOWED, by the authorities and
Judiciary of the State, TO PROCEED; if the faith OF
the State bs not thereby violated, and her engage
ments repudnted, ] am at n loas to imagine any hct
by which they can be. a CITIZEN
RICHMOND, September 7, 1855.