Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1879-05-23
Interesting Derision.

| Interesting Deciston.
Judge James Keith sitting 10 tho Croai:
Court fer the county. this moroiog. rendered
the following dsti,ion 10 tho case of Fow.c
Snowdcn & Go. vs.. tho A. Il w. X Il. Go
mentioned 10 yesterdays GsSsttc:
Ia the year 1854 the lsei.liuro Of Virginia
granted charter 10 certain ptlSols to build G
railroad between the cities Of AleXandIis G0d
Washington uld.r the bsDe and style OF the
Alexaudra aud WASHINGTON Railroad Con
pauY, nod OF he same ssSion passed an sc!
sutnt z;ng The Wa.Lioeto1 a1d A!exaocrIa
! Tsrcp,ke &, mpaty to sell portion Ct lis Wolk
to Tho said rsi'rold c,mpAuy. The A. y w.
r Il b.comIg involved 10 debt Foalc. Snow
den IL Co. ads,rtls.d the s.id road for sale
under deed It tut for their benefit, and
thereupau the \. 4 w. t. Il. fled bill In
oba1c ny praying that the sale might be en-
| i,ipcd, witch WAS done. Such proceedings
vera bad 10 this suit that report ct debts sud
Iions sgsiast this corporation was filed by com
,niss,onsr hiushblch at he November term,
! 1876 of this court. At this stage OF the Cause
a pe,iton WAS presented by counsel Tor the
| Alexa,dli. aud Fredericksburg Railway Com
uany praying 80 ue made party To the CAUSE.
The pn.i loo seis GU. thai sid railway company
il c. rJora.ion du!0 chartered and orgsniz I'd
uoacr the laws Of Frgiois; lha. BY virtu, of
| It's charter aud amendments thereto |: was AL
| ther I'd to uocsru,t rlilWly fran tie city OF
| Alexandra 10 punt ou the Potomac liver
oppo,it. the city Of WASHINGTON. near the
suutLern end OF the L1og BfdKt; that acting
| 10 pursu ipc5 I'll lie charter aod tho laws OF fir
giuil 10 such casa made and provided proper
,rcc ,edirgs had been Instituted 10 the Ccuuty
| Court Of AL cambria couatY, whloh resulted Ia
4 f,t nIr,kt
| Eve pclcaes ct the Iaad belonging TO Ihs Alex
ardria scd Washiog.on RsirosG; that la the
r.ccsediogs 10 tho Cono,y Cour; the petitioner,
the A!exaodii, md Fred! cssburg Railway.
had been required to make o,mp: ns uloo TO
the 4. & w. r. Z. Co. which h.4 been paid,
I std gcuersy that az re,ut ct the proceed
| iaps in the County Ccuu, ell # wh'oh ace
svDrred 10 have been regular, that the AleX,t !
dria aud Fredericksburg Railway Compaoy had
| acquired fec simple tNle 10 the c!S"t acres
| uEh twenty i've Irrchts 20 eordcmuaG.
The pe.l!iouer theo p.uys that IL any decree
| Ct ssla uh!ch may b, m ldc 10 Tho suit the rights
Ut the petitioner may DO protected as o"ntr 10
fee of said land. Ii o!har words. shat the 5
cc.es and % rcrcbes 10 which t claims lille
may be excepted out Ct the Il, cree for sils
tie r., sought for hy tho pell;louer is resisted
on several yrouulJ by the creditors ct the A. q
| W. Il. H. | shall notice but one OF lbs Of &c
t.cps Id ade, which rcsis upo1 the provis) 10 tbe
asl Incorporating the lex.udfia aud Fed
erick burg Railway to be fourd Ia ACES OF AZ
stmtly lSG9-'TO, pages 1877 s. 1t - Ia the Sc
wtrls: "prorided. that 10 the extension OF the
said railway it shall 10 40 way Interfere with the
chartered rishts or franchises OF aty railroad
extending tc;wecu Alexandra and Washiag.
ton; but his rroviso shall not be construed CD
DE yeulrg sid Alexandra apd fredericksburg
Hallway from Gre sslug any such raj rad. 10
| the argument OF th'S cause /. was oJGc"H'u u
(gra,ia argument: y
! LIST, That under the lava OF Virginia the
property rights and franchises 10 land Of corpo
ra,iops are subj 4eL TO condemnation equally with
the lands OF iudiGduas.
q. That condemnation is aiici 1, p!oa:cd
10y 10 rem.
81. That it cannct b, attacked coateraIy
These conclusions very materially contoe thu
ranso IF the tiscussio1, aud indeed CLASSES II tx
oent UNION enc point. II sill rrmsiLs 10 b.
seen whether the County Court ct AlsxaDdlls
county had jurisdiction over the subject upon
which it pronounced Judgment Ut ooLdembs.
tiop, Ii il hal jurisdiction to hear and deter
mine il the controversy Is ended, aod 1t /. had
20 such jurisdiction 90 rights are vested IN the
petitioner by virtue Of its sentence. For as "a.
said by Chief Juslics Marshall ia Rose vs..
Hinely, Crsncb. 279, tho operal' ~ OF ever3
Judgment must depend upon the power Of the
Court 10 render that udRmeot, or 10 other
wo,ds, 90 its Jurisdictions over the suit 'ot mat
ter which it has 81 determised.' 10 consldtr
inv whether the Judgment of Court Was upon
a matter withicg its Jurisdiction, it is generally
importapt TO determine whether the Court IN
Question was ono of general or limited Junstio
lion. for theirs is 10 this State at least no Court
cf universal jurisdiction. At the time the ldg'
mept now tho sutjeot It Hqairy was Ir9
nouncsd the Coan,y Court was without doubt
a Court If general Jurisdiction, aud WITT
resnect to the coudem nation OF lands t1'
the rurposfs OF railroad It vas c )urt OF f&
elusive o.it iosl jurisdiction in Alexandra coua
~. Being then ooutt ot general lurlSd cloo
il deyolves upoo those sssailing the VALIDITY oil
its iudg neuts for want OF jurisdiction to show
affi,maiively wherein the in6rnity consists
For this purpose judgment Is always open to
attack whenever aud wherever 1t may Do felleo
nnop as tho foundation of right. 1t Is claim
ed iu this case tina. the judgment oondennins
mart Of the property Of the A & W. Il. K
Co.. is nulIily, becaUs, the Legislature hac
10 express terms prohibited the petitioner II
any manuer to interior, With the oharterra
rixtts and franchises OF the A. j. w. Il. Il
Co. The right ct emloeD. dem Ho. that rish
nv force of which private property Is taken TO
cubic use resides in tho State. snd is part u
: her sovereignty. Tho exercis, Of this night i
delegated by tue State to certain sgenc;es 4
. he fysro;sed 10 certain Daooer Tor certain OBJ
tests, and with certain limitations snd restr C
,iors Some Of these limitations Eni restric'
lions are embodied ia lbe form OF eeosIal lssS
; but it is entirely CON potent for The Leeis!atur
' to impts, additional reetrictioes wbeOe'er |
NAV thick proper 10 do SO. l. may make tn
l.. restriction applicable alike 10 all railroads. IS II
;, the las. clause of sec. 4. char. Sc OF the Cot
, of 1873 IL witbip tbs power OF The L''i'
O lsture to authorize railroad Company 10 but"
J, it's road withio sixty feet OF a dwelling hou'