The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-10-29
state Fair end the Railroad Trains

state Fair end the Railroad Trains.
Editors of the Dispatch: AS your edito-
rial comment this morning on the card OF
the president OF the Richmond, Fredericks-
burg and Potomac Railroad Company is
evidently founded on a 'misconceptlon OF
facts, and may mislead the public mind into
doing injustice to the railroad company,'l
ask that you willpublish the following sue
cinct statement Of facts relating to the dis
continuance Of the railroad trains on Broad
street for the State Fair:
By agreement between the authorities Of
the city of Richmond and the Richmond,
Fredericksburg and Potomac Railroad Com
PAW, legal proceedings were instituted in
January, 1874, in order to test the validity
of the ordinances previously adopted by the
City Councils prohibiting the use by the
railroad company Of locomotive engines in
Broad street east OF Belvdere street, the
operation of which ordinances was by the
Council suspended until the 1st OF July,
1874, in order to give time for decision by
the Court of Appeals upon this question.
In May, 1874. while this case was still
pending; bill was filed in the Chancery
Court OF the city by Henry Miller and a
number Of other persons owning property
on Broad street, or having business on it,
calling themselves "Tbc Broad-Street As
sociation," asking the Court, on behalf Of
themselves and all Others having business
on or frequenting Broad street, for an in
junction forever prohibiting the use OF such
engines on Broad street, on the ground that
it was, as they alleged, private nuisance,
greatly injurious TO their property and bust.
ness, and dangerous to their lives. This in.
junction was refused by the Chancery
Court, from whose decision all appeal was
taken by the plaintiffs to the Court OF APP.
peals. '-..
. The case between the city, and the rail-
road company was decided by the Court OF
Appeals (by divided court) against the
railroad company early in April, 1875. and
within thirty days thereafter the company
had discontinued the use OF locomotives
and substituted horses for moving its trains
in Broad street east OF Belvidere street, al.
though it had taken an appeal from the de.
csion Of the Court Of Appeals to the SUI
preme Court OF the United States, and OBJ
sedeaS arresting the decision of the Court
Of Appeals. In the mean while, in the pri-
vate suit of Miller ct al. Us. Richmond,
Fredericksburg and Potomac Railroad
Company (Which bad been only partially
and incidentally argued in the Court OF
Appeals at the same time that the suit OF
the city was there argued in full in Janu-
airy, 1879, nothing more was done until
April, 1878; it being supposed by the rail-
road company. and doubtless by the court
also, that there could be no occasion for
pursuing that suit any further, rs the OBJ
iect for which it was instituted had been
fully attained by the company's discontinue
ance in May, 1875. OF the use OF locomo-
tives in Broad street.
Nevertheless, nearly three years thereaf-
Ter, in April, 1878, at the instance of this
g Broad.Strect Association" through their
counsel, their case was taken up by the
Court Of Appeals and fully argued, and
that court, on the 9th OF October, 1878,
entered decree reversing the decision Of
the Chancery Court, which had refused the
injunction, and ordering that court to grant
an injunction "foreuer restraining and
prohibiting" the railroad company from
using locomotives in that part OF Broad
street in which they had been prohibited
by the city ordinances. Accordingly, on
the 18th of January, 1879, in conformity to
the decree of the Court OF Appeals, such
an injunction was decreed by the Cnancery
Court, and the case was removed from its
docket. '".. rs ""
It will be seen that this case was entirely
distinct from and independent OF the suit
between the city and the railroad company
lin which the decision Of the Court OF APP
peals was confirmed by the Supreme Court
OF the United States at its October term
1870, and that it was priUate suit brought
by private parties in behalf OF themselves
and all other citizens cunning properly or
trd7,sacting business on or treque'aten9
Broad street. Their rights under the IN
junction granted could not be affected by
any consent given by the city authorities
TO the subsequent use of locomotives IN
Broad street. For any violation or dlSre,
gard of that injunction any or them cou'o
hold the railroad responsible either In dam
opes or in penalties for cOntempt0f court.
Nor could even they, had they been unan.
imous ia their wish to do so(which was
impossible). have induced the Chancery
Court to reinstate and REOPEN final de.
cree tinI an ended cause, which had been
made in strict obedience to stringent or.
.eder OF the Court CT Appeals, go long as that
lorder stood }unreyersed and unrepealed by
! the; latter'coHrt. @ %s;' -,
1t is proper to add that until they were
thus prohibited by this injunction, so, a7a-
necessarily sought and obtained, the rail
road company had always very cheerfuIly
and efficiently done all they. could to pro-
mote the success OF the agricultural fairs
and accommodate the public by running its
TRAINS during the fairs from Broad and
Eighth streets, although the permission
given to them to do so by mere resolution
OF the Councils, instead of by, ordinance,
was OF at least very questionable legality.
This year the railroad company hos not
even that slight measure Of protection, nc
such resolution having beenadopted by the
City Councils. 'EeE - .tf':2sta ~
Ihh sEa Very respectfully. &C., E- ~
|: I'D Hi135H; ,I5 P. v. DANIEL, Jr.,
Counsel for the Richmond, Fredericksburg
and Potomac Railroad Company,
THE CAMPAIGN IN KING GEORGE. A let
ter received from King George county say:
that there Is q decided reaction ip favor 0.
r hip ptPpti0T