The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1878-01-05
GENERAL ASSEMBLY OF VIRGINIA.
Thirsieth Day.
FRIDAY, January 4, 1878.
SENATE.

SENATE.
The Senate opened at II NJ. -7Lieutenant-
Governor JAMES A. WALKER presiding. No
prayer.
BUCHANAN AND CLIFTON-F0RGE EXTENSION.
House bill for the extension of the time
limited for the completion OF the Buchanan
and Clifton-Forge railroad from twenty
months to five years. which was reported
from the Committee on Roads this morning,
came up.
Mr.. LEE favored the extension OF the time
provided for in the bill.
Mr.. KOINER thought this was day OF
progress, and he was opposed to granting
80 much time for the construction OF TINS
road. He opposed the section of the bill
giving exclusive privilege OF the right OF
way for thirty years.
MIR. SMITH Of Nelson said this railroad rs
the only thing, II any, that VIII save the
canal from absolute and lrrctrlevable RUIN
and bankruptcy. The State has contributed
in the way of convict labor ana 1rlendiY
legislation all it could constitutionally
70 tbe completion of this important
railway link. The provision in the char
ter that for thirty years no parallel rail
road should be built within five miles OF
its line was put there to induce CAPT
taIists to invest in the first-mortgage bonds
so as to get money to build the railroad.
and thereby help the State out OF diff
Guilty she could not otherwise overcome.
The work has advanced far towards CON-
Dletion, and to withhold the legislation now
asked, mere extension OF time for compile
ton, would be bad public faith and suicidal
to the States interest and that Of her peo-
ple, so deeply interested. The statutes
TEEN with precedents for what is so pro-
perIy asked by this bill, which is founded
in Justice and fair dealing. Let us bear in
mind that the State owns nearly all the
stock, much of it preferred stock. in the
canal, and that railroad is in effect part OF
the canal.
MI. QUEsENsERRY said he had seen how
ruinous had been such legislation as grant
ing public improvements such exclusive
privileges as these asked for by this COM
pany. He cited as all instance the charter
of the Richmond, Fredericksburg and Pc
to,nac railroad, and stated that when the
Chesapeake and Ohio railroad proposed to
cross the line OF that company at Hanover
Junction long legal litigation followed.
He was opposed to all sufh legislation as
shat provided by THIS bill. '
Dir. GR1MsLEY did not think tue privi-
leges asked for would work iniuriously to
the State.
Mr.. CHILEs opposed the extension.
Mr. HURT OF Plttsylvania was not going
to interfere with any Of the chartered rights
of the company, but when this corporation
came to the General Assembly and admitted
that they had not nor could not complete
the road within the time prescribed by their
charter, be- was then opposed to granting
any extension.
Mr.. BLAND said the charter granted this
road was granted undss rather eXtraordi-
narv circumstances. When it was obtained
the fight was between the water-line and
the railroad. The company appeared be-
fore the Legislature as court OF equity, and
asked for the extension as q matter Of
equity. The State, he said, owned seven
eighths of the stock OF the company, which
had been roped in by the State, and should
now be protected by her. :,
Mr.. QUEsENBERRY I cannot understand
the conflicting views OF gentlemen upon
this subject. At one time the State owns
this railroad; at another she owns it in
conjunction with company. Ii the rail-
road is the property OF the State, why,
then, should this exclusive Legislation be
asked for? Surely you do not need any
legislation to protect the Commonwealth
ting for the General Assemblies for the
next thirty years.
Mr.. PAUL said the Valley had seen the
evil fruits OF this kind OF law. The whole
system was wrong, and people should be
left free to build roads where they pleased.
The people of Rockbridge, he said, had
subscribed to the stock OF the Valley road.
Then, he asked, had not these people, il
they saw fit. the right to construct Il stem
connecting with the main line? Railroads,
Mr.. PAUL said, are not chartered specially
for corporations to make money out OF
them, but for the accommodation OF the
public.
Mr. PAUL held that tue whole system was
wrong and ruinous to the State.
Mr., CHILES read the act OF the General
Assembly incorporating the Buchanan and
Cifton-Forge railway, providing for COM
mencing the road within eight months after
the act was passed, and completed within
twenty months. The speaker said if there
had been any violations OF the contract it
was not on the port of the State but OF the
company.
Mr.. JOHNSON, of Richmond, said that the
Buchanan and Clifton-Forge railroad was
first chartered in 1875, but that project fall
ing, this charter was granted in March,
1876, whereby it was provided that the
James River and Kanawha Company should
hold a majority Of the stock, and should
control the railroad company. But it was
clear that neither the RESOURCES OF the canal
company nor the credit Of the new railroad
company would suffice to construct the
The State gave the convicts, but they
could not be fed nor clothed, nor guarded,
without money, and neither State nor COM
pany could supply that. Therefore, as an
inducement to other parties to subscribe
funds, the provision was inserted that
the railroad, il completed within twenty
months, should not have any parallel road
constructed within five miles Of it for the
period of thirty years, and should have the
exclusive right OF connection between the
Chesapeake and Ohio railroad and the James
River and Kanawha canal.
It was this valuable privilege which was
the inducement held out for people to put
their money into the enterprise.
The road has not been finished within
the time specified, and 1t is now asked to
extend the time for construction. Such APP
plication has never been refused that ever
heard OF In any General Assembly when
work is being completed and pushed for
ward in good faith. People have put their
money and work in this railroad on the
credit Of this exclusive privilege. The State
now holds to the technical point that as the
work has not been done within the time
specified she will now, Al ter the money has
been obtained, take away this exclusive
privilege.
Who will trust any General Assembly Of
Virginia in any Office hereafter on any SUBJ
iect when it thus deals In this pettifogging