Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-01-08
POWERS TOO BROAD.
Chlltar d Basic CITY md Bhd9auitsl
Electric csnplly III lppEsIsd.
FIRST vsro rm,s SESSION
The Govcrnsr Questfens the Risht
Of s.pervissrs :. Allow Car
Tracks Along Psslie Roads-Not
ssncie.t Restrictions.


Governor O'Ferrail sent his first veto
message this session to the General As
sembly yesterday. II was paper setting
forth the reasons why he withheld his
signature from a bill comforting powers
which he regarded as too broad and In
violation of the spirit OF the Constitution.
The message was brought into the Sem
ate chamber by Mr.. Chesterman, the
Governors private secretary. and laid on
the table. and ordered TO be printed. 1t
reads: o.
Richmond, Va, January 7. 1896.
To the General Assembly:
On the 10Th ultimo. the day on which
the General Assembly took recess TO
the 9th proximo. a bill entitled AN act
10 incorporate Basic City. Brldgewater.
and Piedmont Electric Railway Com
pany' was laid before me. During the re-
cess I have given the bill careful conside-
ration. and regret now to be compelled
to return 1t to the Senate, In which II
originated. without my approval.
Section 10 Of the bill Is as follows: "The
said company in building Its road may
cross, at grade. over or under any turn
pike by maintaining proper approaches
and crossings thereon: 1T MAY ALSO
BUILD ITS ROAD ALONG UPON ANY
PUBLIC COUNTY ROAD. BY FIRST
OBTAINING THE CONSENT OF THE
BOARD OF SUPERVISORS OF THE
COUNTY IN WHICH SUCH PUBLIC
ROAD is LOCATED"
PRIVATE PROPERTY FOR PUBLIC
USE.
/ object TO that part of the section
which Is Italicized. BY condemnation n
county acquires only and solely the right
TO use the land as a county road-the
easement as IL is called-the freehold re-
mains I'm the landowners. The county
can use II Tor no other purpose, nor can
it transfer Its easement. Besides, the lay
ing OF railroad track upon the bed or
a county road constitutes an additional
servitude. for which the landowners
would be entitled to compensation, and
the section contains no provision re-
curing the consent of the landowners.
nor does IL provide for compensation TO
them. and thereby violates the consti-
tutional intention when taking private
property for public use without compen-
sation." Western Union Telegraph Com
pany VS.. Williams. IS Virginia, page $50.
But IL the county could authorize the
company TO lay its track upon county
road and the landowners were not en-
titled to compensation. ! have very
grave doubts whether the Board Of Su-
perors could exercise the power or con-
senting for the county. Article VII. Sec
ton 2, OF the Constitution, provides that
1.-The supervisors of the district shall
constitute the board OF supervisors for
the county. whose duty It shall be to
audit the accounts Of the county. examine
tha Ia NJ ho rr.ig n
revenue, regulate and equalze the valu-
alton of property. and perform any other
duties required OF them by law"
Article VI, section 10. Of the Const'-
tuition. created county court and
clothed it with the jurisdiction Of the
then existing county courts. except so
far as IL might be modified by the Con-
stitution. or changed by law. The old
county courts had jurisdiction over coun-
y roads: II was not changed by any
provision Of the Constitution, nor has
IT been by any legislative enactment: but,
on the other hand. the county courts
have by statute exclusive original juris-
diction over the orening. changing. and
disseminating of county roads. The con-
nection the Boari Of Supervisors have
with the matter is confined to the levy
ing NJ foad-tdx. prescribing the mode
or working the roads. appointment of
surveyors. etc, and the determining
whether the conditions Of the finances
Of the county viii allow an expenditure
for opening road VIXEN ordered by the
court See Code. sections. ?j6 ss3, 965,
go, 81. SO us. ss4. l0o5 All Of these du-
ties are incidental to the general scope
OF their constitutional functions. as an
auditing. equalizlng. and tax-levying
body. Certainly the Legislature has no.
10 fl.o hA lo
OF supervisors of he various counties
TO grant rights II way or special priv
legrs over N upon county roads. That
II H. within the province OF the Lnsisl.l-
turc 10 change the road-law. and take
from the county courts the lurisdictio
and authorize III q, boards of supervise :
10 do what the - urtS 20 urfs alone ian
now do. may be; but. il so, IL must be by
general statute. comforting like Jus Isdic-
ton upon all the boards ia the State,
and cannot. as In this bill. confer iuris-
diction upon the boards OF certain coun-
ties. The Constitution. when It pre-
scrlbed certain duties for these boards
10 perform, and adds. amy other duties
required by law. II meant that these
other duties" must he required OF all.
not part. Of the boards In the State.
NOT PROPER II LAWFUL.
Suppose, however. the authority 10
grant the right 10 railroad company 10
occupy county road with its track
noens volens could be cOnstitutionally
conferred upon certain boards OF super
ylsors BY the Legislature. Is IL proper TO
do so? think not. The people have AN
interest In every public road. aud they
should have an opportunity TO he heard
I'm due form whenever II is proposed 70
OH a flr.a "a.
pose other than d public highway. Under
the general road law. IL IL Is proposed 10
discontinue public road. application
must be made 10 the County Court. pre-
vious notice Of the intended application
must be posted for thirty days AT the
courthouse and two public places in the
neighborhood OF The road, then. on mo
ton. viewers are appointed by the Court;
when these viewers make their report the
matter Is heard and determined judicial
Iy--Code. ~. Any person feeling him
self aggrleyed may appeal therefrom Of
right--Code. section 1853. Under the pro-
visions OF this bin the action Of the
boards OF supervisors Is final. No notice
L. required. no mode of procedure pre-
scnbtd: no appeal allowed. A citizen or
an entire community may be aggrieved,
the value Of property may be reduced. in
sres> and egress OF the landowners may
be affected injurlously. safety of travel
with usual vehicles may be impaired.
great injury may be done To the. public