Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-08-31

n ac river part oi lis ln- the respondent does
+dmt, but tho contrary Is advised II hss not suci
right anj 'hat the eel is violation Df lis chH.trr.
TIL. respondent would render full and mnu''
account OF all the passengers tbls carried by II, l
required by this court 10 do and rhe necessity fan
| any such uscovery had not bern anticipated and oh
waited by the tuil proof which the pin,nt'if ha'
furnished upon that subject through the nfhcrrs ant
| agents of the respondent, whoss dispositions hav,
oeen taken thus showing. this respondent ha'
sad, that the plaintiff is under nece-sfy In spprH
10 this court IA court OF equity by any defect U
proof, and suf-r5 therefore fruin defect rens
dy; becans,. The p-oof beug complete the power o
court OF law ample tp give Redress by rendering
| 4 Judgment for whatever sum thia respondent may
have received To which the plaintiff n1y have beet
-nli;lrd, if the plaintiff IN any iOrm recover il
| which is denied. And ihi- resp"ndent ~ advised
;hht court Oi equity haa no jurisdiction over mtr,
| monsyef Grnann, H. that is IL /. simple calm loI
money alleged 10 have been received by the d,f.n
dant, bat m winch the plaintiff IL enllied, or il s
| aud properly, claim tor damages sud in which
ever light regarded, ihis court has no jurisdiction
| Nur cau the claim 10 The jurisdiction of a court O
equity find better support in the only other ground
upon which ho plaintiff would TEST il. 10 wit, tho
cesSify Tor Intervention by This court by way OF 10
Junction 10 prevent this respondent from carrying
pn-srngers who purpose 10 20 to or cumo from Alex
andra or Washington by the Orange aud AleIan
hrIA R.ll Road sUins intermediate point between
tbose cities aud the city ut Rlchmond for it ID very
obvious that such Injunction can be granted, for
the following REASONS, VIZ: Frst because according
| 10 the Terms OF the pretended guarantee by the
legislature of Virginia, by which it secures, as it
alleges, ihe extraordinary monopoly which II ia now
this suit seeking enforce OF the right To carry all
pa.-eng-rs b-tweeD Richmond aud Washington and
every portion OF that dstauCr aud Ia prevent oth
from carrying them. The prohibition against carrying
by others extends. II il ba valid only those passrn
gers who, II not carried by this respondent, would be
carried by ihe plaintiff and therefore OF uecesslty
ths plaintiff cannot be entitled 10 an Injunction to
prevent this respondent from carrying passengers
generally, or those which he plaintiff could at The
lime carry and rs the Respondent has already stated
mOst ot the pssseugsrs which it has carried were
pa seng-rs which lhs plaintiff could not carry, be-
cause il had no ai. o transportation for them.
This court he's NJ legal power then TO enoin this
rrspDndeut from carrying passengerb 10 points or
places not toucheh by The Kali RoHd Of the plaintiff
ar psssebgers whom tir plaintiff cannot carry Tor
want detect of means of transportation; for
in5,nnc-, passengers wishing TO 90 10 Washington
when the navigation ot ihe Potomac closed by ice,
and who are prevented by that obstruction from
gong the piantih s road.
| It, therefore. The court should cDncHr with the
plaintiff or rather bs oi opinion, that The plaintiff har
monopoly OF the right 10 carry passengers whom il;
has the capacity 10 carry; but noi the monopoly
of thu right 10 carry psss-ng.Is whom cannot carr,
the only order which il could make would leave the
parties precieely G thslr prescott altitude aud
dlrion declaring the right q" ihs plaintiff IN carry
whom they and tn right oi the r.spOnd-nl 10
carry when the plaintiff cannot. and leaving the
/
might te received by this respondent for carrying
improperly, in violation OF tho right OF the plaintiff
10 speak more properly tor the damages sustained
hy This respondent u advised that there
| legal principle which will authorize the plaintiff Ia
recover OF th;s defendant, either by nctlon ot d.
-umprt bill i'll equity money which is received
n. IL own, and to Tor the u-e 0f the plaintiff -
II the plaintiff has been injured by the act OF hI
-pOudeut carrying pnss-ug.rs. upon proof of such
uiury before a jury, the plaintiff may recover dam
ages commensurate with the INJURY out this hOnora
BILE court has competency 10 try such Question,
and no authority 10 render Judgment for dsmages.-
, The act OF carrying pss-engers docs uoi
necessarily import damage Ia tie plaintiff aud ihe
inquiry proper 10 be made IL not simply whether thu
respondent has carried pa-senger-, but has carried
| passsngors 10 fhs injury o the plaintiff.
/ This respondent would respectfully suggest that
there is still another aud IL sertn- To this Respondent
an insup-rabe objection 10 an order Of Injunction,
viz this respondent Is low, by contract with tht
post office department. the carrier ut the Northern
and Southern mail between Washington and Rici.
;nond in conjunction with the Orange and AlexaEffla
Rail Road Company; aud %: course any order OF IN
junction which this court might make, must exclude
from ita PROVISIONS all Persons connected WIN th-
TRANSPORTATION ui the mai. And then another aud
-ouAlly in-upeTsbIe difficulty prrs-ns tseli III the
question which ;h,S respondent nuw subnlis w: by
what authority this any uiher court Restrain n
cli,z-i from travelling upon au established mtll line,
erected originally by the authority oi State, and
reuuired by law To carry al passengers who may
| r,s-E
iIe c5su To be carried matter what may be done
xih tho passage money which he pays for ta-
carriage. But this respondent insists that The palD;ii
l. entitled relief at law or IN equity Tor ihe
iilrged violation Of lis charter, or Tho pretended
guarantees contained in the 3Sih secon O II, by the
TRANSFORMATION ar carriage by this respondent of
n..s.nyrr. going Ia and returAlng IRON the cities q"
| Washington aud Alexandria, aud any intermediate
onint or place between those cities aud the city OF
| Richmond:
l. Because rhe plaintiff has such guarantee az it
| ure,end.. aud none certainly which affect this
respondent, or deprive 1t OF the right to carry any
aud every passenger who is willing 10 be carried by
II I'M, bsen DECIDED in this suif that the Legislature
did not, bv the tS:h section ut the charter Of The
, plsiptf drnud- lrself Of the right to extend The
| iou,ss Rail Road TO Richmond. The pretended
guarantee of the plaintiff did not then inhibit the
construction Of that road The question then arises,
does pe said guarantee impose any res;rictiou upon
tb. r.sundent rs the OF using their road.
| row that i, is competed-and the answer ID, most
! obviously that II does not because It WAS enacted,
befurs ,hp road ~ns constructed una III 10 part oi u
| dscares that carrier but the pisintif should
| carry passengers between Richmond and Wash.
! irp,on Such q declaration would have been
fatal TO The monopoly OF The plalntlif because the
! nlaipti(f had not ut that tiine and did not pro
| fsss IN have, and has not nov, ss this respon-
! Jsnt ia advised, the capacity to carry passen
| oars from Richmond to Washngton and undnr the
.uppo-d gnsrautea, it could not havs avaed Itself,
| y. il now does Of the aid Of u steamboat Company
! IN c.rry s pa.-engers The LHgiasturs of Virginia
did NOT therefore, intend 10 declara aud did not de
clare that no on. should ever travel from Rchmon !
o Washington by railroad unless by the road OF the
plaintiT Il snply Intended 10 DECLARE aud accord
nyly did declare thar II would not autnorse tne con
strur,lon of road which should appear TO be rival
| road djr,cily b.twr-u Richmond and Washington,
| and never intended to declare that other roads
| lending directly TO other points should not be
| constructed, md when constructed should not
| Is Nh..ra aNN rOh
| nss.snssr, nigh, reach Washington and ths mo
! tive tor ;hs il perfectly obvions. II was deemed
nroperly TO he benefit and bounty enough to the
| naintif, 10 be protected from the competition OF any
road directly between Richmond and washington.
because waa siry 10 bs Inferred and was supposed
manif.stly that the road OF the paintlii could very
successfully compete with any road not directly be-
tween those cities and tho charter of the plaintiff
cannot receive reasonable Interpretation, unless
! ntsrpreted IL the words were directly between
| ths cities of Richmond and Washington"
| Accordingly the Legislature. in the year -. in-
coroorated the Seaboard and Roanoke railroad, aud
has since made heavy sacrifices to Keep up although
M. the probabe but certain effect Of establishing
that road must be- and has been to diminish the mum
br OF persons travelling upon the road o the PLAIN
M for travellers passing from the South 10 the North
! wnuld be compelled OF necsssity, Ia pass over the
road of The plaintiff; if the Seabosrd and Roanoke
railroad did not afford them the OF diverging
! a, Weldop and passing by Norfolk and up the Chesa
p.aks BAY in stesmb0ns, and thus avoiding The ROAD
OF the plaintiff entirely. And go passengers passing
| from the North to The South would be compelled tn
nass over the rond OF the plaintiff II the steamboats,
on tha bay, RAINING in connection with The Seaoosrd
and Roanok. railroad, did not afford them The nenn-
to mas. 20 Weldon withou: touching the road oi The
plaintiff II ia apparent. therefore that It ID not merely
m. fact that will divert travel from ths road OF
the plsin which could make II Illegal, or vlo'sve
If the faith Of ths State to the plaintiff. but there
mpst be the additions, fart that il il road directly
| betv.eu Richmond and Washington. acd the word
;. b.,v.en" mus, b. considered in references 10 ths
geographical po-'on o' the road a. we'll ss its loco
mo1ys or carryiog power. And 30 fully does every
one 50 understand the s~, and the ghts of The par.
ties that as your correspondent ID advised sons oil
th. largest stockholders i'll The company OF The pain
tiff are slso stockholders IN the Suaooard ana nos
poke railroad aud so this respondent insists, aud II
ia obvious that he pretended GUARANTEES IN the 3oh
section of the charter Of the plaintiff cannot by any
interpretation however liberal 10 it, be made 10 aflec'
nr curfail the rights of any railroad company running