The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1873-06-19
THE "BRoAD.srREEr, QUESTION.

The Grant of Right of Way-HfstOr-
ical Record of the Proceedings of the
Council ON tho Subject from 1894 10
the Present Time.
As the question of the removal of the
Richmond, Fredericksburg and Potomac
railroad from Broad street is now en-
gaging large share of public attention in
this community, we publish the follow
ing resume of the action of the council on
the subject at various times since the con-
struction Of the road:
BY the charter of the Richmond, Fred
ericksburg and Potomac railroad company,
passed February 25th, 1894, the company
was formed s'for the purpose of making
railroad from SOME point within the corpo-
ration of Richmond, to be approved by
the common council, TO some point within
the corporation of Fredericksburg.
In the council of Richmond, December
30, 1884, the following preamble and reso-
luton were adopted:
Whereas, By a resolution of the pres
ident and directors Of the r., +.
and P. railroad company, submit
ted to the common council, it appears
it is deemed most expedient by the said
president and directors to conduct the said
railroad from the Richmond turnpike along
H(Broad) street to point at or near the in
tersec,ion Of the said street and Eighth
street, and FOR THE PRESENT to
terminate the same by suitable connections
with the contemplated warehouses and
workshops of the company, on lots Nos.
477 and 47s, purchased by them from
John Heth.
Resolved, That the common council do
approve the proposed location of the said
railroad and the PRESENT termination of
the same, as described in the foregoing res
olution, and authorize the prosecution of
the said work within the limits Of the city,
on the above location: Provided, that in
locating the said railroad, no injury shall
be done to the water pipes now laid in and
along said street; provided, that the COR
poration of Richmond shall not be consider
ed as hereby parting aoah any posoer or char
tered prioileges not necessary to the railroad
company for constructing the said railroad,
and connecting the same with the depot of
said company aoittin the limits of the city.
In 1888, a petition was sent to the coun-
Gil by Thos. Rutherford, Sam'l }. Ruther-
foord, Isaac Davenport, Joseph Allen, A.
Peasants, Ro. Gwathmey, Archibald
Thomas, James Thomas, Thos. b. Bigger,
Sydney s. Baxter, Fred'k Anderson, Wal
ter D. Blair, P. Harrison, j. Cullen, Henry
Iudlam, and hundreds of others, respon-
sive to which, the council, on the 2lst Jam
uary, 1889. adopted the following resolu-
| ton, Messrs. Joseph Mayo, James E..
Heath, and G. W. Manford being members
of the council
| Resolved, therefore, that the common
council possess, and have never yielded or
relnquished the right to prohibit the intro
duction of steam engines into the city.
Another resolution was adopted declar-
ing it s'inexpedient at this time to prohibit
the introduction Of locomotive steam en-
gines within the limits of the city,"
| In July, 1915, another petition, com.
planning Of the locomotives, etc., was sent
IN to the council. 1t was signed, among
others, by j. Bootwright, NJ. S. Valentine
James GRAY, j. Rutherford, III. l.. Kent,
P. v. Daniel, James L. Bray, H. A.
! Claiborne, and James Thomas, jr. This
! petition was referred to select committee
composed of Messrs. Slade, Wickham
Haxall. Lancaster and Goddin, whose re.
port was adopted in November, 1945, al
| follows:
/ Resolved, That the council of the city 0
Richmond not only maintains the RICH
to prohibit the use of locomotives within
the city, whatsoever it shall appear expe
1 dent to do so, but in contradiction to al
allegation to the contrary they do most pos
lively deny all responsibility TO indenanJ!
the railroad company for any such exer
else of their legitimate powers. They ad
nit no other right, in this respect, on tn
part Of the company, but to q favorable
and indulgent consideration "a claim whicl
from its nature becomes less and less tn
longer it is favored.
Another resolution was adopted, extend
ing the flavor which the company ma.
/ reasonably expect at this time" of usin
, locomotives within the corporation limits.
, After this there was no further complain
for nine years. In January, 1854. q pet
, ton for the removal of the road was refer
/ red to the g commissioners Of streets
generally, who presented report in Fet
ruary.. which, on the motion of their chail
: man. was "laid upon the table," At
/ meeting Of the council. held on the 10th {
. May, the same year, there was presente
the proceedings Of q meeting of the citizens
} asking removal of the road. On the oct
: of June following, the report laid upon Ii
Q table in February was taken up, subst
g tute offered. and both report and substitul
: lost by tie vote. In July following,
b committee of six was appointed to conf
: with the president and directors of the X
e F. and p. r. r. Co., but bit no report 40,
e ecer made by them, and the matter slept f
0 sixteen years..
7. On the 18th Of August 1870, the cou
2 Gil adopted resolution instructing the eli
q attorney to make an investigation, and !
!, port "what legal rights the R., r. & P. r.
has to use the centre Of Broad street I
e railroad purposes.n On the 9TH Of N
/ vember following, the opinion OF the CT
/ attorney upon the question presented W
e referred to special committee of five.
,e In April, 1871, Mr.. Thomas III. Wynn
l. chairman of this committee, presented
y report closing with resolutions rccognizi
20 the right Of the r., +. & p. r.. r. compa
to occupy Broad street with their tracl
: and to,use locomotives on the same.
|y Mr.. +. Laube presented minority
at port, declaring that the company had do
transgressed its chartered rights that I
privilege conferred upon it was Temporal
o. and that the time had now arrived for