Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1890-02-21
THE WORK TO GO ON.
ee,rL,Ns CASES DECIDED IN FAVOR
OF The RAILROAD COMPANY.
c..r,,nous Opinion OF the supreme Court
delivered by Judge DruryA A.
Hinton.
vo,k on the Belt Line will soon be re,

Work on the Belt Line VIII soon be re-
.umed.
,..,1o9 in favor OF the Fredericksburg
r.,lfoad Company.
II, vasa question whether the company's
.t.,tor empowered them 20 construct
,-,,ch such as that commenced last sum-
s,,- between Ballard's Crossing and the
gho Court declares that they hare the
.;,bt and soon the work, which was
l',,e,,oncd by the iniunctions of Judge Well
ora VIII be resumed. i
-rhero Are still some disputes about land
1s~arcs. Appeals are pending from the
-ssments made by the commissioners;
t~.,t i expected that there will be an ear
irs.lniion of these and cOgnate questions,
~. mean while the work of construction
"Tte railroadTcompany wilt have to go
,-t, conrt now and move TO dissolve the
'.,,,ction granted DR.. Patterson; but
,b.ro is no reason 10 doubt their success
'.rics. new questions of great moment are
..,.e3 None of such vital consequence
,s,. possiblv arise as the one decided In the
Baltou case,
THF LINE.
This Belt Line will enable the Richmond,
V,.4rrickslurg and Potomac railroad and
80 Richmond and Petersburg railroad to
connect over bridge now being construct
"a 1.rr,es the James. a short distance west
~ the New pump-house, or Ihree-Mile
locks. o.;...
Inc particular purpose of the connection
ts.o facilitate the through freight business
- tbe Atlantic Coast-Line which now
yssse- through the city under the Byrd
Street tunnel, along through the Peniten-
tsry Grounds, and thence by way of Belyi-
5ero street 10 Broad. The grade on this
INTO Is a very heavy one, and the Clty
coprcil has taken steps 10 prohibit the uso
n steam rs means Of propelllne the cars
hc citizens of that section being much
snro,ed hy the frequent passage OF trains
J.v and night. There Is now pending IN
0e Coupcil an application to defer the
,,,,ttbitiou for reasonable time, during
1hcn the Belt Line can be built.
lt nav be that after the freight trains are
removed from Belvidere street the neigh
trbood will experience such reliet that
,be railroad company will not be forced 10
abandon steam IN running their cars aiong
this route.
r is hardly practicable now, but if the
evpectations Of electric engineers are real
va ID the not very distant future cleo
,,,ri.r NAV be used TO move such trains
oylI such grades.
BnIpGP AND RoAD-BED.
Tho Nuildinp of the new bridge was
never oniolned, and the railroad comp~-y
sr5 the contractors under them have
nearly pushed it to completion.
The work Of construction on the north
side II the riyer. which was bel lg zone oy
,,4er Of the Richmond, Fredericksburg
s1d Potomac railroad was enjoined. That
IN tho south side, which was being done
Inv orier of the Richmond and Petersburg
T,I-.al COMPANY, was abandoned when
H. former was enioined. The company
lsy.r, closed accounts with the contract
ny. Mn now have 10 make new arrange
u,u'a.
Opinion of Judge Hinton.
The following is the opinion of the court
o. rendered by Judge Hinton:
pl,-t,nrs. Richmond, Fredericksburg and
Potomac Railroad Company and Rich
m rd Fredericksburg and Potomac hall-
road Company Us. Blanton.
Tho aboye-entitled cases were heard and
nj, be considered together.
lte efr.t-mentionod case is an appeal
f,-r .r order which restrained the Rich
ror1. fredericksburg and Potomac Rail
r.l d rlu.ug from further proceeding to
c.rl l1l tut land of T. l.. Blanton upon
tr.. rr.of road proposed 10 be constructed
Ly sq,l company to connect its main line
WITH the Richmond and Petersburg Rail-
ioI Company.
Indictment of the Circuit Court OF Henrico,
r.,-rslng the Judgment of tire County
Court in tine condemnation proceedings,
and dismissing the same.
TEE ISSUE.
The great question in both cases is
Vr.thcr the company has the pOwer under
r- charter t. build this branch or connect
.rr road and 90 tins question, although
it.re are one or two subjects ot minor I'M
p.riancc to be also considered, we Will at
once address ourselves.
90 7ih section OF this charter, omitting
lr rtr-t proviso. reads as follows
"lhc president and directors OF the said
com, uv shall he, and they are hereby. IN
vested with al rights and powers neces-
-.r. q the construction. repair, and main
',rInr of q railroad. TO be located as
A.re-ad. with as many sets OF tracks as
'h.r.. my "a majority Of them, may deem
necessary and MAY cause 10 be made; ana
a-. % make and construct all works
vnn-.leysr which may be necessary and ex-
rrlaut iu order 10 the proper completion
I'd ,ud railroad and b,ey, o. a majority Of
H.. man make or cause 10 D. WGdc branches
.. rf.rr. railroads. u. any direction uhdfSOecer
.. n....l'o5 trtfh he sail railroad UO' creed
.4. tr aItS each ia ,engh and shall have.
possess and may exercise In the construc-
t.l. l.c. and repair of the same the same
rc.f- and powers. and shall be entitled
O, flrc1mpletiOn of auv branch or lateral
flrud 20 the same rights, privileges, ana
mmuufies. and be subject to the same
ul.-. panaltics, and obligations IN rela-
fu o. the same as are hereby prescribed
rr..Ation TO their princlpal line of rail-
r.d And provided, moreover,
'at nl branch or lateral railroad exceed
II Il
u TWO mllesinlength shall be commenced
I,. tle erpldieucy of making the same
sau have been determined on at a general
Meeting IF the stockholders by two thirds
0itlc votes which could be legally gwen
L. ligor o' the same.
iucu follow ample provisions for the
colonization and acquisition OF ali land
ta. MAY lee needed for the main road and
r- branchc7-
THE GRANT OF POWER.
Now. here. itnust be conceded, is as broad
o.. unrestricted q grant of power 70 build
'-..rhorateral railroads as could dwell have
devised for the language IS not merely
i' the company may build several
t-aarheen or" several branches in different
lf.uons." but the language Is that the
i--, lent and directors or majority OF
f..l may make or cause TO be made
"irarches or lateral railroads that "a,
81. D.. leGnite number of branch or lateral
t's3- IN "any'-that is, in every direction
pfst.oeycr," thus placing II entirely
Within the power OF the president ana di-
f..t0rs where the branch or lateral roads
~. MT more than two miles in leugth, and
va,. taeroads are Of greater length within
o.. power OF the president and Board OF
directors and two thirds Of the legal
voters "a; any general meeting OF
r kho'der.. TO say how many and in
niat direction branch or lateral roads
i.a. be run The only inquiry which
would seem TO be left open, then. is
w.c.ner the contemplated road falls fairly
y ;lin the designation Of a branch or
a' -ls' railroad, or Is excluded from this
c1'-.ory oy reason Of the fact that 1t con-
terf. ~lth another road.
WHAT Is A LATERAL OR BRANCH ROAD!
The word Lateral" according TO Web
rer. means proceeding from the side; as
q. lateral branches Of a tree; lateral
HoY,,": and this take IL is the sense IN
sllch this word Is q be understood when
W peak of branch or lateral railroads.
N'..al railroad IS nothing more nor less
t4u an ofshOOt from the main line or