Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-01-26
ATTACK ON TERMINAL.
ATTEMPT TO START A MOVEMENT FOR
TIE FORFEITURE OF ITS CHARTER.
The Attorney General Asked to Go Into the
Courts and Make the Necessary
Motion.

ierttrual iuOTnIUR mI. Cdtuuti DlChSOh,
Of Philadelphia, and Mr. Charles NJ. De
Costa. OF New York, appeared before Attor-
ney-General Rufus A. Ayers and presented
a very voIuminous petition for writ OF
quo ,carranto against the Richmond and
West Point Terminal Company, which they
desired him TO present to the Circuit Court
OF the city OF Richmond In bis relation as
Attorncy.General OF Virginia.
This application was made several days
ago. but Mr. Ayers postponed hearing and
required them to notify the Terminal Com
pany OF the matter.
TIE MOVEMENT.
Mr. Dickson and Mr.. DE Costa presented
a brief in support OF their motion and sup
plemenied it by an oral argument from the
former gentleman.
The Terminal Company was represented
by Ex-Governor George Hosdly, Of Ohio,
now Of New York. and Hon. Waller Il. Sta-
pies and Colonel w. w. Gordon, OF this city.
Governor Hosdly stated that they had not
been furnished with copy OF the petition or
brief until the day before and were not pre-
pared to proceed further until they had been
afforded an opportunity 10 examine the
papers and to prepare reply.
This was deemed reasonable and the mat
ter was postponed until the 9th OF Feb
ruary.
TUE STATUTE.
Under the statute Of Virginia the Attor-
ney.General may proceed upon his own re-
lation a. an officer OF the state without the m
terventiOn OF reator, or be NAV require
relator with bond for costs before proceed
ing.
II he refuses 10 proceed, any person In
terested may present petition 10 the Or
cult Court having jurisdiction, and II The
Court grants the writ he may proceed inde-
pendent Of the Attorney. General.
WHO ARE THE PRINCIPALS?
In reply to request from the counsel for
the Terminal TO disclose their principles,
Messrs. Dickson and De Costa said they
deemed the case proper one for The interven'
ton Of the Attorney General and orosecu-
ton by the State, and that they appeared
for this purpose only, and for the present
they could not give the names OF their prln-
cipals.
They further stated that II required by the
Attorney General they would permit rela-
tor and give bond for costs. etc.
THE ALLEGATION.
The petition claims that the Richmond and
West Point Terminal Company has forfeited
rs franchises by exceeding it, authority by
acquiring control OF competing lines OF rail-
roads In Georgia, Virginia, and elsewhere ;
that the Richmond and Danyile Railroad
Company is expressly forbidden by acts OF
the General Assembly 10 acquire.or hold any
OF the shares OF the capital stock. or acquire,
hold. or guarantee any OF the bonds or other
obligations OF any railroad company, the line
ot which is a competitor with iis own; that
the Terminal Company has, by its acquisi-
ton of the capital stock aud control OF the
Virginia Midland railrosd, with directory
common. In a large measure Indirectly VIC.
lated this prohibition.
FURTHER CHARGE.
1t IL further charged in detail that the
East Tennessee, Virginia and Georgia rail-
road Is a competitor OF the Richmond and
Danyille, and that the Georgia Central Is o
competitor Of both; that all OF these lines
are controlled by the Terminal as a huge
monopoly in violation OF public policy the
laws OF the state, and the laws OF the States
in which the railroads are situated that the
business. which under proper system OF
competition with the lines under separate
cOptrOi Is by rca'on Of the monopoly d.
rected from Virginia ports and roads,
is carried to New York and Boston from Sa'
yannah, to the great injury and detriment OF
the state.
UNCONSTIrUTG0NAL.
II is further claimed that the charter otthe
Terminal Company is unconstitutional he
cause powers are granted not indicated by
the title Of the act and which by no fair rule
Of construction can be held or enforced IN
It; that the title OF the ac, 10 incorporate the
Richmond, West Point, and Terminal Rail.
way and Warehouse Company indicates that
its object was to establish Warehouse Com
psny at Richmond and West Point, Va,
with such terminal railways az were Incl
dental thereto and necessary for the purpose
OF making connections with the lines OF rail-
road tributary thereto, and rs the lines ol
the East Tennessee, Virginia and Georgia
Railway Company and OF the Central Rail-
road and Banking Company OF Georgia are
not tributary or auxiliary 10 the sy stem OF
railroads connecting with the Terminal rail-
way and warehouses OF the said COMPANY,
the purchases OF shares Of such companies
were without lawful authority, and She same
are now held without warrant OF law, and
that the provisions OF the act OF March 5,
1850, Incorporating the company and the act
OF February, 1852, amending the same are
unconstitutional and void.
TIE PRAYER.
The petition, after reciting that the acts
above referred TO are a nuisance and abuse
of the powers and franchises OF the company
without any lawful warrant-a violation OF
the public policy and a usurpation upon the
Commonwealth, to the great damage and
preiudices Of the Constitution and laws Ol
the State OF Virginia-prays for process OF
law against the Richmond and West Point
Terminal Railway and Warehouse Company
to show cause By what warrant they claim 10
have the franchises, liberties, and privileges
referred TO.
WHO IS TUE BOTTOM OF 1T.
IL can't be proved, but the Danville peo-
,,ln haliaVn fhnf the Nnrinlk and Wpstern