The Daily times. [volume] (Richmond, Va.) 1886-1889, 1889-01-26
WEST POINT TERMINAL.
NOV ENFNT or NORTHERN PARTIES
TO HAVE It's CHARTER FOR
FElTED.
on THE GROUND THAT ITS AC-
TION is UNCONSTITUTIONAL.
Final Hearing Postponed.

finhi nearing Ioslpouehs
Mr.. Samuel Dickson. Of Philadelphia.
Pa. and Mr. Charles VI. Da Costa, of
/ New York. appeared before Attorney
+ General Ayers yesterday az his office IN
I the Capitol. and presented yoluminous
printed petition for writ of qu0 rofronio
against the Richmond and West Point
/ Terminal Company, which they desired
/ that hc should present 10 the Circuit
/ Court Of the city Of Richmond upon his
relation rs Attorncy-General Of Virginia.
/ This application was made several days
ago. lut the Attorney General postponed
q hearing and required them 90 notify
the Terminal Company. Nj Dickson
and Mr. Da Costa presented a brief i'm
support of the motion, which brief was
supplemented by an oral argument from
Mr Dickson.
Ex-Governor Hoadlcy, Of Ohio, now
Of New York, appeared for the Iermi-
NAL. together with Col W W Gordon
and Hon. Waller r. Staples. Governor
F lIoadly stated that they had not been
furnished with a copy of the petition or
brief until Yesterday. and were not pre-
Jared 10 proceed further until they had
been afforded an opportunity 10 examine
the peiitiOn and brief and prepare It
reply. This was deemed reasonable, and
the matter was postponed until the 9Th
day of February.
Under the statute of Virginia, the
/ Attornev-Generalm may proceed upon his
own relation as Attomey-General with
out the Intervention of a relatOr, or he
NAV require a relator, with bond for
costs before proceeding II he refuses
10 proceed any perQn interested may
present a petition t6She Circuit Court
having jurisdiction, and il the court
grants the writ, may proceed indepen-
F dent of the Acknowledgement.
In reply 10 a request from ihe counsel
for the Terminal 10 disclose their prnci-
pals. Messrs Dickson and Da Costa
stated that they deemed the case proper
one for the Intervention of the Attorney
General. and a prosecution by the state
mon hismOtiOn when advised Of the facts,
and that for the present they appeared
for this purpose They declined To- DIS
close their principals but stated that II
REQUIRED bv the Attomey-General they
would furnish a relatOr and give bono
for the costs. &c
The petition claims that the Richmond
and West Point Terminal Company has
forfeited its franchise br exceeding lis
authority and acquiring control OF com.
oeting lines of railway in Virginia and
elsewhere. That the Richmond and
Danville Railway Company is expressly
forbidden bv the act of the General AS
semblv to- acquire or hold any OF the
shares of the capital stock or acquire,
hold or guarantee any of the bonds or
obligations Ofauv other railway company,
the line of which is competing line
with its own That the Terminal Com
panv has. bv its acquisition OF the CAPT
tal rOck and control of the Virginia
Midland Railroad. with direction com
mon in large measure, has indirectly
violated this prohibition 10 is further
shown in detail that the East tennessee,
Virginia and Georgia is q competitor of
the Richmond and Danyille, and that the
. Central Railroad of Georgia, is "a com
petitor of both That all of thes~hnes
are controlled by the Terminal as a huge
monopoly. In violation of public policy,
the laws Of this State, and the laws of
The States in which the railroads CON
trolled by il are situated
That the business, which, under "a
proper system of competition with the
lines under separate control is by reason
of the monopoly diverted from Virginia
ports and roads and carried direct 60
New York and Boston from Savannah 10
the great injury and dCiriment OF the
State
1t is further claimed that the charter
of the Terminal Company is unconsii-
tutiOnal because powers are granted not
indicated by the title of the act, and
which by no fair rule of construction can
be- held 10 be embraced in IT, That the
titleof the act TO incorporate the Rich
mond and West Point Terminal Railway
and Warehouse Company indicates that
its object was 20 establish warehouse
company AT Richmond and West
Point. Virginia, with such ter
minal railways as were properly
incidental thereto and necessary
for the purpose of making connections
with the lines of railway tributary there
TO- And as the railroads of The East
Tennessee. Virginia and Georgia Railway
Company, and of the Central Railroad
and Banking Company of Georgia, are
not tributary OF auxiliary 10 the system
of railroads connecting with the Terminal
railroad and warehouses of the said com
pany, the purchases of shares of such
companies were without lawful au-
th0rity and the same are now held with
out Warrm { Of law.
And that the provisions of the act APP
proved March 3, 1880 incorporating the
company, and the act OF February, 1889,
amendaiory thereof, are unconstiiu-
tional and void
The petition, after reciting that the
acts above recited for the purpose and
with the effect aforesaid, was a misuser
and abuse OF the powers and franchises
of the company without any lawful war
rant, violation of public policy and a
usurpation upon the Commonwealth
therein 10 the great damage and preju-
dice of the Constitution and laws Of the
State of Virginia, prays for process of
law against the Richmond and West
Point Terminal Railway and Warehouse
Company To show by what warrant they
claim 20 have and use the franchises lib
critics and privileges aforesaid
- SS-