The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1881-08-28
and Allegheny Railroad Company. which,
on motion Of Mr.. Crump, was read:
RIcHMosD, August %, 1881.

To The President and Members of the
Board Of Aldermen Of the city Of Rich
m0nd:
Geutlemen,-We are instructed by the
authorities OF the Richmond aud AlIeghany
Railroad Company 10 call your attention to
the following facts:
On the 24fh instant, under orders Of
the Mayor, w. G. Darlington, Esq who
assumed TO act officially ia the matter. Ger.
tain employees OF The city OF Richmond
opened The wasteway OF the canal at
point near Rutherford's old mill and turned
the waste from the canal into the
river. The authorities OF the Richmond
and Allegheny Railroad Company there
upon sent and caused said wasteway to be
closed again. The Mayor hearing OF this,
weBt with the armed police OF the city and
drove off the employees Of the railroad COM
pauy from the property OF said company, re-
opened wasteway aforesaid, ana continues
to maintain this trespass by force and arms
against the lawful exercise by said railroad
company OF its rights OF property In the
premises Under the charter OF the Rich
mond and Allegheny Railroad Company it
Is incumbent upon said company TO main
tain the water-supply In the James. River
and KanaWba canal from Bosher's dam to
tidewater below the Richmond docks, aud
to furnish wster-p0wer to all mills, fscto.
rles, &C.. who have heretofore been supplied
by the James-River and Ksnawba Company.
The Richmond and Allegheny Railroad
Company view this action OF the Mayor OF
the city Of Richmond as unauthorized by
any law OF the State or ordnance OF
the city, and regard. him, therefore, IN the
light OF mere trespasser upon their pro-
perty. and have accordingly applied to,hls
Honor Judge George.L. Christian for an
Injunction against him and also against the
city OF Richmond to eDioin and restrain the
further interference with the property OF
said company.
The Richmond and Allegheny Railroad
Company are threatened with suit by the
lessees OF the weter-power on account OF
this deprivation of the supply to which
they are entitled under their contracts,
which are made binding on said company
by law, and the said company may be
mulcted In heavy damages besides being
amenable for q violation OF the obligation
imposed by the State in the charter aiore-
said. II the action OF the Mayor is author
lied OF approved by the authorities OF the
city IL is Of the utmost importance that 1t
should be definitely krOwn.
Judge Christian holds under advisement
the motion for an Injunction, and has given
the city OF Richmond until Saturday the
9th instant, at 10 O'Clock, to answer the
bill OF the said railroad company filed as
aforesaid.
Unless the city authorities, therefore,
shall assume the responsibility for the ac-
ton Of the Mayor, the railroad company
will claim that it is the action Of wholly
irresponsible person, and press for an in
junction against him, besides taking other
steps to protect It's interests as owner Of
the property as deprecated upon as afore-
said. Respectfully,
THR RICHMOND AND ALLEGHANY
RAILROAD COMPANY,
BY Johnston, Williams d BouiloJre,
Attorneys.
Mr.. Scott moved to lay the communication
on the table, for the reason that the railroad
company has taken the matter TO court.
Mr.. Cabell moved to hear Mayor CARING
ton, who was present.
Mr. Scott withdrew his motion.
Mayor Darlington was heard. He re.
marked that he deemed it proper to make
statement Of the case. He reviewed the
facts as published In the Dispatch. He bad
consulted the most eminent counsel besides
the City Attorney, aud all agreed that he
had acted properly, and such action had
been sustained by the highest courts In the
United States. He had been guilty Of no
trespass. He had carefully, constantly, and
distinctly guarded against breach OF the
peace. He felt as be stood there on the
canal bank at the time referred 10 that be
had reclaimed stolen property (meant no
disres pect TO the railroad company and re-
stored 1t to its rigbtful owner. III be bad
not done so he would have been bastard
and a coward il be had permitted the
wrongful owner 10 take possession again.
He further said that in the Dispatch OF
this morning he bad read polite card from
Mr.. Parsons, the spirit OF which he en-
dOreed, aud had thereupon asked for con-
ference with the attorneys for the company,
in order, II possible, that these matters
might be settled pleasantly. This confer
ence was had, and the Judge, attorneys, and
others bad gone up to BOsher'S dam to see
what could be done. In view Of all these
facts he hoped nothing would be done to
prevent harmony and eOneiliatory results.
The Mayor said much more in the line OF
resiting opinions OF courts TO show that he
thought he was right in taking possession
OF the water.
General Walker was next heard. He said
he had been, unntentionally perhaps, placed
ia false position bv the Mayor. Ne had
sent an order 10 his secti0n-men-about
eight In number-,o go aud clsse the gates,
never intending TO use force, relying upon
the strong arm Of The law to protect the
owners OF the canal in their rights. When
the police came up he (Walker) was the only
interested person on the ground, and be was
rudely jerked by the police and forced from
the grounds. He repeated the suggestion
already made to turn III the water at 80,
.her's dam aud Maiden's Adventure, and
said the railroad company was now aud had
been ever willing to meet the city hall way
in all matters.
Mr., Glasgow dissented from the views OF
the Mayor, chiefly because he did not THINK
the city should take possession by force OF
the property Of another. He thought an
other plan should be pursued. de went
over many OF the facts already published,
but said he spoke chiefly 10 dissent from
the Mayor's views.
Mr.. Scott replied to the remarks made by
General Walker in reference to being viii.
ling 10 aid the city and meet her half way,
and remarked that at The conference meet
ing few days ago the general manager ot
the company could suggest no remedy Tor
the evil.
The question was further discussed, and
finally the paper was laid on the table.
The vote was then taken on the resolu'
ton OF the Council and resulted as follows
AYrs.-Nsssrs. Bass, Cabell, Crensbaw, Crump,
Peterson. Gasser. Gia gov, Kelly, Rankin, Well
ford, and WIllisms-l1.
NoEs.-Hessre. Scott and Todd-Z.
Lost-not two thirds.
Mr.. Todd changed his vote subsequently,
and the resolution was agreed 10:
Mr. Todd said be agreed with Wnat hr.
NI - - "a NE nonlnss Tor him 10