The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1871-11-15
IMPORTANT MEETING OF TIE BOAR OF PUBLIC
woRKS-THE OPINION OF THE ATTORNEY
GENERAL

woRSS-THE OPINION OF THE ATTORNEY.
GENERAL.
a meeting Of the Board OF Public Works
was held on Friday last, at which it was
OF I!ed that the secretary address com.
NJ .catfon to the Attorney. General in.
70 ng him that the Board had learned
IL .cia " that a suit had been instituted
ii ,ta j. cult Court Of the United States
q lie, District of Virginta) having for
it., { j f. the setting aide the act Of the
Gsu.r Assembly, approved 18th Of June,
enti:i IAN act to authorize the forma-
tiono the A lantic. Missis ppi and Ohio
Railr, ad COMP my" and to inquire of him
what effect, IN h;s Judgment, an opinion oi
the said court wo I'D have in favor Of the
plaintiffs Upon the States interest in said
road. Whether that decision would rein.
state the Commonwealth ir her rights and
possessions in the several railroad compa-
nies concerned.
In reply to this communication the At
torney.General submitted the following
opinion:
COMMONWEALTH or V1RG1N1A,)
"OvFIcE OF THE ATTORNEY GENERAL,
RICHMOND, November II, 1871.
"To the Honorable the Board Of Public
Works:
"ln reply to the resolutions submitting
to me certain questions / have the honor
TO say that under the act approved June
II, 1870, entitled AN act TO authorize the
formation Of the Atlantic, Mississippi aud
Ohio Railroad Company the said company
is formed by the union Of three or four oi
the then existing railroad companies named
in said act; that the stockholders OF SAID
roads organized under and III accordance
with the provisions Of the act; and hsVe
always been OF the opinion tllas TIE Attain
tic, Mississippi and Ohio Company Is a
valid and lawful corporation.
"Undpr the terms of said Gus the State
, sold. assigned. and delivered Arc interest,"
and claims held by her in the four compa-
MES named in the uct to tue Atlnntlc, Mis-
sissippi and Ohio Company, ard to secure
the payment OF 81, 600, the price and
value OF the property Of the State so sold
and delivered, she accepted mortgage
upon all the road beds, stock, properly,
and franchises Of Said roads, subordinate
only to the lien OF prior mortgage named
in The act.
1.-The contract between the State and the
Atlantic, Mississippi and Ohio Company il
subsisting and binding one, and TO the
extent that q court Of equity would, OF
might by its DEGREES, Withdraw the pro-
petty conveyed from the operation of the
mortgage aforesaid, the interest Of the
State would necessarily be impaired. I do
not think it in the power OF the Circuit
Court of the United States to. remit the
State to her rights us they existed before
the contract, for the reason that the stock
claims, francfii>es, and property sold by the
State to the Atlantic, Mississippi and Ohio
Company have been by said company
sold and conveyed by deed Of mortgage to
certain persons. as trustees, to secure the
payment Of certain bOndholders, who art
now the lawful purchasers OF said property
under the provisions of said act. These
purchasers are innocent purchasers, with
, the sanction and acquiescence of the State,
and will, [ think, he protected. 1t seems
TO me that the States interest IN aud clam
to the property sold by her has passed be-
yond the power Of any court TO restore II
to her, and that her ouly remedy is in The
enforcement Of the provisions Of the acl
and the coLtract Hereunder.
"Yours, respectfully,
"JAMEs C. TAYLOR"
+ Immediately upon lhs receipt Of the
opinion OF the ATTORNEY. General lbG Board
of Public Wolks passed the following reso
: luton
Whereas the Board of Public Works
have learned, unotiicially, that a suit ha:
been instituted in the UntJed S.:.ii:s Circuit
Court for the Western District Of Virginia
at Lynchburg, having for its object the set
ting aside of the act of Assembly appl owed
June 17tb. 1871, entitled ''Au ect to author
ize the formation Of the Atlantic, Missls
sippi and Ohio Railroad Comnany"; and
whereas, in reply to inquiries submitted to
him, the Board have been advised by the
Attorney. General that the interests of the
Commonwealth may be jeopardized by said
suit:
"ResoIrcd, That the Attorney General
be requested to represent the Board o
Public Works In the trial OF said suit, and
take such measures as in his judgment vii
best protect the Interests Of the Common.
wealth therein involved" .'-