The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-01-31

y,.,jI..I' HUCFuouu III Iuc N'Nh>i
.g Broad street.-the President,
7. Wyunr, presiding. The follow
.. ....rr, were present: MeS>rS. Bos-
ts.-. iia@an. Higgins. Manly. New
-..,t d! tk.y Ward. Scott OF ,Ici"r-
l,.gi. : !",,s. Talbot. WhitlocS. Metz
n .ur Eu-!;>a of Monioe Ward.
l.. Irn. LIS rmA. and >tarkc--l9.
49,. .pu,f,.r,, >aib t,,at he had received
,.....r,riaH FROM THE COUNSEL OF THE
v...rriTX> RAILROAD
....., ...,.} .a-; tc understood when read.
r.. ...i.;a,3 r,sja> !o!!o"S:
E:uno>u. IA.. January 80, 1874.
9r..,. T. Winnie. Esq. PreSjdc1i: city
rnar....f hlchmo"d:
r,.r >.r.-AS YOU are aware. an ordi-
,..,. "l. ,.>>cd by the City Council Oil
=, :. - September last prohibiting the
-. -. ;nc Richmond, Fredericksburg aud
p. ,'sr Railroad Company of steam-cn-
'.r.. upon that part OF their railroad on
i,,...l Street. cast vf Rrridere street, in this
-, and imposing y penalty tor any vio-
4...,q NJ, tia, ordinance of not less than
e,.a r,r more than 5000 for each offence,
,,rn. recovered before the Police Justice Of
stI tI'i~ t'Iil!i!ikt " is1h' Ni"NN va ''N
j., JlaWry, 1874. r
f. a.ut,Ni!ilon OF the enforcement o'
-. l,atac" tie railroad company was
ia,r,G,g@ 70 apply to The proper court lor i
=, ~ n junction. or other proper process,
ir:,!:t,i tnd prevent Tie enforcement oi thl>
,...'fr,r,., hrcll>p Of is being, iii the opin-
jl, # ,Ac comvary'> lc2aI advisers, uncon-
>,..HIoasl luA Invalid. But Is YOU are also
,...r,.a .frrt was ABOUT this time made 10
H.. tpUuc.I hy il, Finance Committee TO
~ -. 'E,. >l!a ie.t # the railroad coMpany>
i., uf >'r..nl-ru.iurS in Broad street had
lr,a :,frrrvAJ. wu!cu report recitcd the
f., nnt All agreement has been en-
I,-.I ;nio between tha! committee and the
e.,.-'oly Of tt" railroad company 'Ject,
rr roljr>r. :" t.c approval OF the COUNCIL -
TIA: :.r ri.!,t ri ;Lc railroad company 10
H.. ,-,..li-.uginc< on Broad street should be
tr>..u. and determined by a friendly suit or
ut,.r Proceedings in the proper Judicial tri-
ia.as,, without unnecessary delay, expense,
Or .,.4tyancs, "itGet 10 the city or 10 he cou.
Iu.a. And tai, report Of that committee
W., approved and adopted by the Council.
T. ..,,,osta,cc with this agreement, by ar
I:.l.-,!l,t!. between tic City Attorney and
H.. !--r cCun>tl Of the railroad company,
" .,u ihy company was summoned TO appear
a.i.It.i,.,. Police Just cc TO show cause why
" >mrl.u not be tined Tor the first violation
e, ,.l, ordinance reported 10 the Justice.
l.. east "us fully argued by the
tag Attorney and the compan!'> coun-
81 t,o:ur, the Justice. who, after
u0. consideration, decided TO impose tine
t.. 500 upDn III" company for that violation
ui this ordinance. Thercupon, from this
decision ot the Justice IN appeal was asked
.id allowed, according 10 the law Of the
>;ttr. t. tn" CiTc:li Court of the city OF
Richmond. N which il was expected that
tn, appct,l would be heard and decided du
IN TIE next month (Febru'ary) 50 that any
a,,i1u rom lie decision uf that court might
b, h~,ri and determined by the Court Of
Appeal, II il, spring term. But pending
tar>c proceedings, and notwithstanding the
action OF t!lc Council and its committee be-
iprr ICci,td. III" railroad company has
CgIr, been reported, 1T the instance Of par
IT, owning property OF Broad street, 10
t!r Police Justice for its continuing TO
u" stealth, nyinc- in Brosd street, ana it is
lniiuItcd TO the company that so long as
~'s ~ !u.arce is unrepcGled or its operation
n.>eT,nisQ an 1ndcFntte numter Of these
W
lHry even though the question of the right
70 IMPOSE them is in the course of speedy
%Gl"dcAiiun by the courts. II this course
q! i'fo"crd!uG De not promptly arrested by
l"r tfy Council temporarily repeating or
sG>!rhding The operation of this ordinance,
Il MI impose upon the railroad company
III nvce>>ity Of at once resorting to an iu-
-!unctlon suit in equity against the city, the
sA:~n>r, delays, and annoyance of which
both 10 the city and 10 the company will by
ManH r!ncS exceed any which can be pro-
per-! incurred in the proceedings already
1A>.AuIrd tor lhc same purpose.
4fu>iins, therefore, that it will be the
l,">uIc ot Inc Council 10 interposc ctlcctu-
ally 10 prevent this result by repeating or
s">i'"ndng tie operation Of this ordinance,
w arc very respectfully, your obcdient SER
'""'', j. V. DANIEL, JR.,
10. OrLD,
c1iin>ci for The Il. +. and L, K. L. Co.
II IL should be the pleasure Of the Coun.
''' .h't"ad oi repeating or Suspending the
"t".&!icc referred 10, to direct that no fur
'"'F Prosecution under said ordinance should
I" A'd until thc determination OF the present
'.@.!oNtr>Y, or until Ibc further OF der of the
''""ri', such ACTON would be equally u
~ SIC |" tb" Richmond, Frcdc-icks sbure
N"o io'oliiae Hairoad Company.
10. DuLp,
i. Y. DANIEL, JR.
!H.iN' dH4l' j. at'eT the reading of this COM
n'"'.'a'.Un 3ir. sEaus presented the follow.
ia1 'N'''"
ORDiEASCE:
"EcfG,s y III understanding aud agree
49, A' nt'"rc,l lfe iuaEcc Committee of the
:, ':'ca 'nd the Directory Of the Richmond.
'''eiMhshGrs ana Potomac Railroad Com
~, reported 10 and ratified and adopted
:? 'He 'ouicll on the 22d December, 1873,
:. -. mao arranged that the legal right of said
''i",'u ccihiaDy 10 use locomotive engine;
p,oAu stree, for transportation, ETC.,
!, ""Uio l,C" bc tested by friendly proceeding
.-s'o:e 'he courts now, thcielore, in order
:. .'fTy out IN good faith the Understanding
~ agreement expressed, and to afford ti,ne
- =, H.hcA a fnal judgment Of the highest
~: court may be pronounced in the nro.
'''9'!E;s Dow In progress before the courts.
IL @zld'ned by The Council Of Mecf.v OIL
'''chm;nd, That the ordinance passed Scptem-
yer :, 1879, ep!ltled "An ordinance 10 amend
!.e 'hird sSc,ioh OF an ordinance TO reyu.
i'e The use u Broad street BY the Rich. |
Lond. Fredericksburg and potomsc Rail-.
!Ha Company" be ard the same Is hereby |