The Daily times. [volume] (Richmond, Va.) 1886-1889, 1888-06-06
PRICE, TWO CENTS
THE INJUNCTION CASE
THE BOARD or ILDERNEy
ET AIS.


Injunction Dissolved as A gainst the Com
mon Council and the Mayor. But Mads
Permanent as Against the Railroad.
Judge Barton In the Chancery Court
yesterday decided the motion to dissolve
the temporary injunction restraining the
city Of Richmond, the Richmond Union
Passenger Railway Company, the Mayor
of Richmond, the City Council, and the
Board OF Aldermen from taking further
action In regard to the electric line up
Cary street.
PARTIALLY DISSOLVED.
The opinion dissolves the Injunction 80
far as 1t applies to the Board OF Alder
men voting on the ordinance vetoed by
the Mayor, and restraining the Mayor. or
Acting Mayor, or Common Council OF
Richmond, on the ground that their terms
OF office shortly sexpire. 1t Is made per-
manent, however, as to the city OF Rich
mond and the Richmond Union Passen.
ger Railway Company.
THE ORDER ENTERED.
Judge Barton did not render al opin.
ion, except in the shape of the following
order, which was entered yesterday:
Saunders and others against the city
OF Richmond and others.
On the motion of w. Ashby Jones, etc,
leave is granted them to file their peti'
tions praying TO be admitted as parties
plaintiff in this cause, and said petitions
being filed ii Is ordered that the said
petitions be admitted as parties plaintiff
In this cause, and this cause coming on
to be heard upon this bill with exhibits,
and In the separate motions OF the Rich
mond Union Passenger Railway Com
pany. and the city of Richmond to dis.
solve the injunction awarded on the 2Sth
day of MAY 1888 On consideration
whereof the court doth overrule the mo-
ton OF the Richmond Union Passenger
Railway Company.
And 1t appearing to the court that 1t IL
unnecessary TO continue the said intunc.
tion so far as II applies to the Richmond
Board Of Aldermen and the respective
members thereof, or the Mayor or acting
Mayor, or the Common Council and the
respective members thereof OF the city OF
Richmond for the protection OF the
plaintiffs, and to secure TO them full
measure OF relief upon the final hearing
Of this cause. Should the decision thereof
be i'm their favor, and that no injury can
be done TO said complainants by such
partial dissolution, as nothing can be
done under the ordinance even IL passed,
until the merits Of the cause are finally
settled between the complainsnts and the
said company.
And 1t also appearing TO the court that
the term of office of the presen, mem
bers Of the Board Of Aldermen, who only
can act on the vote Of the Acting Mayor
in the proceedings mentioned will ex'
pire on the Both instant, so that the con
tinuance of the sail injunction so far as
IL restrains the Board Of Aldermen and
the present members thereof from con.
sidering and acting on the said
veto would by operation OF law,
sustain said veto. and, so Tar
as this case is concerned, have the effect
Of final decision against the defendants,
the Richmond Union Passenger Railway
Company, without any adjudication by
the court of the questions involved In the
controversy, which are subjects OF con
tention and to be considered, 1t Is ordered
that the said injunction be so far qualified
az not to apply to the said Board OF Al.
dermen. or the members thereof and as
TO them, 1t IL hereby dissolved.
And 1t further appearing 10 the court
that, In the present condition OF the
cause, 1t Is unnecessary TO protect any
interest OF the plaintiffs. that the In.
junction should not continue as to the
Mayor, or Acting Mayor, or to the Com
mon Council OF the city OF Richmond,
the Injunction as 10 those is dissolved.
And the Injunction Is not 10 be under.
stood rs applying to any act required by
the charter or ordinances OF the city OF
| Richmond, which may be necessary, IL
any they may be, to prevent the said
ordin ance, if passed by the Board OF
Aldermen over the veto Of the Acting
Mayor, from becoming void by reason OF
his failure TO perform such act (;
and on the motion OF the plaintiffs, who
desire to appeal from the order, IL Is or.
dered that the same be Suspended until
70 o'clock on Monday, the llth day OF
June, 1888, upon the plaintiffs or some
one for them entering into bond With
good security before the clerk OF thia
court in the penalty OF $40, 600 condition
ed according TO law.
The bond required will, of course, be
given, as the company can give a bond
Of 100000 If required
An appeal will be made by counsel OF
the company to the Supreme Court oi
Appeals at the earliest moment possible