The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1871-11-15

Ghe Church Hill tunnel OF she Chesa.
peaEe and Ohio. Railroad.


THE SPECIAL COMMITTEE OF THE CITY coUN-
GIL UNASlhoUaLY RECOMMENDS THE APPRo-
PRIATIoS ASKED roR By THE CHAMBER OF
COMMERCE. AND CITIZENS.
A meeting OF the special committee ap-
pointed by the City Council to consider and
report upon the petitions of the Cham Der
Richmond for the appropriation of $780,
coo to the Chesapeake and Ohio Railroad
Company for tunneliiug Church Hill was
eld at TIE Council chamber last evening.
Present Messrs. Isaacs, Palmer, Wynne,
English. Bossieux, Scott, Manly, Starke.
Braselman, Whitlock, and Davis.
Amer long and tull discussion OF the
subject, in which there was manifested
remarkable unanimity Of opinion in ap-
proval of the object Of the petitions under
consideration, report was unanimously
agreed upon recommending the passage
OF an ordinance making the appropriation
asked under the conditions mentioned in
the petition Of citizens.
The following communication from Judge
Meredith, city attorney, with reference to
the legality OF the appropriation, was read,
aud will he presented with the report at
the adjourned meeting of the City Council
to be held to morrow evening:
.R1cuMoND, November 14th, 1871.
"By resolution of the Council the Com
mittee on the Chesapeake aud Ohio Rail-
road are instructed to procure my opinion
on the legality Of the appropriation asked
for in petition by citizens of Richmond
to construct tunuel through Church Hill.
The object of the tunnel is to enable the
railroad to reach the banks of the river by
that route.
If the Council shall be Of opinion that
the appropriation is for the use and benefit
Of the city, then / am Of opinion that they
have the power to make it. Whether the
appropriation be to the interest of the city
is the true test of the corporate character
of the act, and OF that The Council is the
judge.
"By the 10Th section Of the charter the
Council is clothed with the control and
management of the fiscal and municipal
affairs Of the city, and by the 9th section
the Council is authorized, IN the name
and for The use Of the city, TO contract loans
and cause to be ISSUED certificates Of deot
or bonds The Council is made by this
section the judge whether the loan he for
the use of the city. 1t is to be determined
whether it be for the benefit and interest OF
the city TO make the appropriation. This
is broad and express grant Of power, and
the only limitation upon 1t is to be 1ound
In O proviso to that section. Bv this pro-
yiso it is declared that the Council shall
not contract such loans or issue such cer-
,ifcates of debt or bonds for the purpose
of subscribing TO the stock of any company
Incorporated for internal improvement or
other purposes without being authorized
50 to do BIZ three-fourtbs Of the legal voters
Of the city voting on the question:
"This appropriation Is to be made not
to the stock Of any company Incorporated
for work of internal Improvement, or for
other purposes, but is TO be applied eSclu-
siveIv TO the construction Of work within
the corporate limits of the city, and is de-
signed to connect the Chesapeake and Chic
railroad with the wharves on the rlrer by
route and 1t q point deemed most bcne-
fetal 10 the interests OF the city.
"Ghe original grant OF power to the
Council is not 10 be csippled or destroyed
by strained interpretations OF this llmita-
ton or the grant. The limitation Is to be
construed strictly and confined to It's PLAIN
and obvious nearing. 1t was designed TO
prevent the Council from subscribing TO
works Of Internal Improvement and be-
coming a stockholder therein. BY this ap-
preparation tue city does not subscribe to
The stock of the railroad nor acquire any
right therein. It enables the city to deter
mine the route by which the railroad shall
reach the river, and to select that one OF
several deemed most beneficial TO the city.
81 am therefore of opinion that the
Council IS authorized to make the appro-
priation If 1t thinks it to the interest Of the
city to do so.
"The brief time allowed me TO prepare
my opinion will prevent me from assigning
fully the reasons upon which Il Is based and
from citing the authorities by which it is
sustained. "JoHS A. MEREDITH,
"City Attorney.
nTo the Chairman Of the Committee on
the Chesapeake and Ohio Railroad"
The opinion of Judge Meredith Is sus,,
tained in an ably written letter from Colonel
.Iohn 3, Baldwin, Of Augusta, in posses
sion ofthe chairman of the committee.