The Daily times. [volume] (Richmond, Va.) 1886-1889, 1888-05-29
INJUNCTION ISSUED
TO RESTRAIN TIE BOARD OF4LDER
MEN FROM VOTING.

+'A' b'-H ''f f+''
The Higher House of the City Legislature
Ordered not to Vote on the Union Pas
senger Railway Cary-Street Iine-Ac-
tioD of the Board.
Messrs. MCGUIRE and Elicit yesterday
afternoon at 2 o'clock presented bill
before Judge Barton, sitting as Judge of
the Chancery Court of Richmond, ask
ing for an Injunction restraining the
Board OF Aldermen of the city of Rich
mond, the Mayor and the Richmond
Passenger Railway Company from tax
ing further action with reference to the
Cary street line until the further order of
the court
Judge Barton granted the injunction.
Neither the City Attorney nor the counsel
for the Union Passenger Company were
notified of this action, and were ignorant
of it until copies of the Injunction order
had been served on them
THE COMPLAINANTs
are +. A. Saunders & Son, Slater, Myers
~ W DlOnHs DhNl5 u hlhlHS, tODtlt
T. Williams, W.Ashby Jones, f. o. Nolt-
ing, Harvey, Blair & Co, Allison & Ad-
Olson, James r. Gray. and Charles s.
Crcnshaw, for Messrs. Crenshaw, and all
others who may come in and contribute
to the cost, etc.
sets forth that they are owners and oc-
cupiers, or occupiers of valuable real
estate on Cary street, between Seventh
and Seventeenth that nearly all of them
own and occupy the stores and ware.
houses on Cary between Fifteenth and
Twelfth streets; that Cary street is the
principal lhoroughfare for heavy business
in the city. and is crowded with heavy
wagons and draws.
The bill, which is very long one and
oftentimes repeats itself, claims, in gen.
eral that street car line up Cary street
is nuisance. 1t says it would damage
property and business And further on
the orators say that even if The franchise
became a law the road would never be
built. The bill further claims that the
city Of Richmond had no right TO grant
charters to railway companies to build
tracks and run cars on its streets. II
further claimed that this Cary-street line
was contract between the city and a
company In number of paragraphs
there were number of contradictions.
THE DEFENDANTS
named in the bill are The City of Rich
mond, w. c. Darlington Mayor, l.. l..
DO lat onfipa Naunrt The
City Council, The Board of Aldermen,
the individual members of the Board of
Aldermen, all of whom are enumerated
by name, and the Richmond Union Pas
senger Railway Company.
THE INJUNCIoS
reads To enioin and restrain the within
named defendants and each and all of
them, their agents or attorneys, from at
all proceeding with said proposed ordi-
nance described in the bill, or any other
ordinance granting or intended or
purporting TO authorize or grant 10
the said Richmond Union Passenger Rail.
way Company, or TO any other person or
corporation, the right or privilege or pow
er TO extend its line down Seventeenth
street TO Cary, thence up Cary by sin
gle track TO Twelfth street, and thence
out Cary street westwardly by double
track To lis terminus, and from passing
said ordinance or approving the same if
passed, or from authorizing or in any
manner. by ordinance or contract, or
otherwise granting TO said Richmond
Union Passenger Railway Company or
any other person or corporation the right,
power, or privilege to lay double or
single or any track, or erect any poles
for railway in said Cary street. and
from accepting or acting under such
authority or privilege if granted, until
the further order of the Court.
W. A. BARTON, Judge.
The Injunction is returnable on the
Sd Monday in June when it will come up
on its merits as TO whether it be made
permanent or not.
MOTION FOR DISSOLUTION TO BE MADE.
Mr.. Windham II. Meredith said yester-
day afternoon that he would tomorrow
move before Judge Barton dissolution
of the Injunction, and then force the is
sue preemptOrily.
All that is necessary is 10 serve the
proper notice to-day as the plaintiffs to
the Injunction are bound to be ready to
answer
Mr.. Meredith said he was sorry he had
not been informed of this before the in
iuction was granted He could have
shown the Judge the Legislature enact
ment which gave the City Council OF
Richmond full right to grant franchise
to street railways, and right of way TO
railroads on any of the streets within the
corporate limits.
The injunction order of the court was
served on L. l.. Bass, acting Mayor and
President of the Board of Aldermen, g.
V. Meredith, city attorney, and the Rich
mond Union Passenger Railway Com
pany, and on the members Of the Board
by name.
OBJECT OF THE PLAINTIFFS.
1t is generally understood that the OBJ
iect OF the plaintiffs TO this injunction is
aimed entirely al the Board of Aldermen
in order to prevent the franchise being
granted to the Richmond Union Passen-
ger Railway, enabling them to run their
tracks up Cary street before the present
City Council terminates its existence al
- o'clock on the night of June Both, and
thus compel the Electric Line 10 introduce
an entirely new bill in the new City
I IL s,L ,.1tA ast I,,lt