Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-01-30
POWERS TOO BROAD.
The Berkeley Street. Railway Charter
Vetoed on This Account.
MUST HAVE ONLY ONE OBJECT
This the Plain Provision OF the
Constitution and Legislative En-
actmcnts Violating This Principle
Cannot stand-other Objections.

bill which originated IN tlat pouN' a'"N''7
Ing the charter of the Berkley Street
Railway Company
The message reads as follows
Richmond. Va. January % lS"
To the General Assembly.
Senate bill No. 1876. entitled. AN act
10 amend and re-enact the third section
Of an act approved February 3. 1883, en-
titled an act to incorporate the Berkiey
street-Railway Company has been
carefully considered by me- and
j regret 10 be compelled to return II
without my approval.
Section 8 Of the original act is as fol-
lows:
at shall he lawful for said company
80 transport passengers, freight, and bag
gage over the line of said railroad and
TO collect fares and tolls for the same;
and may use horse steam, or electric
power to propel the cars OF said road.
See Acts isS7-'SS, page s..
The present bill proposes TO amend
this section by adding the following
words:
'And said company shall have the FUR
fher power and authority TO establish
and maintain in the said village of Berk-
ley, or in Washington magisterial dis
trict Norfolk county, one or more pants
for the purpose OF furnishing electric
light, heat, power. and traction 20 the
public, and TO private individuals aud cor
porations. and may Manufacture and fur-
nish light for public and private use by
electricity. gas, or other means of iliumi-
nation: and II shall he lawful for said
company 10 dispose of its electricity or
gas at such rates as may be agreed upon
by the parties, but as far as the SAID
company shall use the streets of said VII
lage or the roads Of said Washington
magisterial district for the purpose OF
erecting and maintaining thereon poles,
wires, and necessary fixtures, or placing
hereunder pipes or conduits for the
proper conduct OF the business mentioned
in this section. such use shall be made
of said streets or roads without detrl-
ment to the public use thereof and sub
ject to the consent Of the municipal au-
thorities of said village or the County
Court of said county. respectively
WHY IT Is VETOED.
These provisions are. in my opinion.
subject TO the following objections:
First. This company is chartered as
railroad company only. The title Of the
original act indicated its purpose. and
electric and gas plants for the benefit
of the public individuals. or corpora
tions, II would have been repugnant to
the constitutional provision, which de-
rlares that mo law shall embrace more
than one object, which shall be express
ed in its title" and if these two objects
could not have been united In the original
bill. II cannot be done by amendment.
The business of a railroad company is
fr,r and hot Of a ng electric
heat, light. power. and traction COM
pany another; the other two enter
prises are incongruous; one is not in
any manner Incidental 10 the other; they
cannot be blended in the same act.
IL railroad company can, either IN
Its original charter or by amendment. be
authorized TO engage in the business OF
furnishing gas, electric heat, light. or
bower to the public or to individuals or
corporations. why could it not be au-
ihorized TO engage in the selling OF coal,
lumber, the operation Of planing-mills,
and the construction Of houses. etc.
Why not spread over the entire field Of
business enterprise? ....-..-
= Second. 1t is provided that the streets
Of the town Of Berkeley and the roads in
Washington magisterial district in Nor
folk county, may be used for the purpose
Of erecting and maintaining poles. wires,
under pipes or cOnduits for the conduct
Of the business OF furnishing gas. cleo
tricity, heat, light etc, to the public, TO
individuals. or corporations, subject to
the consent Of the municipal authorities
of said town or the County Court Of said
county. respectively.
BILL UNCONSTITUTIONAL.
In a recent message, in returning with
out my approval a bill, entitled an
act to incorporate Basic City, Bridge
water, and Piedmont Railway Company,
l discussed briefly the principle. which.
think, is violated by the provision just
recited. and said: BY condemnation a
county acquires only and solely the right
10 use the land as a county road-the
easement, as 1t is called: the freehold
remains in the landowners. The county
can use 1t for no other purpose, nor can
1T transfer its easement. Besides the
laying of a railroad track upon the bed
of a county road, constitutes an addi-
tional seTvituce for which the land
owners would be entitled TO compensa-
ton. and the selection contains no pro-
vision requiring the consent of the land
owners. nor does 1t provide for compen-
sation to them. and thereby violates
the constitutional intention when taking
private property for public use, with
out compensation" Citing Western
Union Telegraph Company VS.. Williams
So Virginia, page 696. in which the Court
held that an act Sections 1887 and 1890
Code), authorizing the construction of
telegraph-lnes along any public road, if
the use Of the highway be not obstruct-
ed, without providing any compensation
10 the landowners, is unconstitutional;
the erection of the telegraph-poles and
wires constituting an additional servi-
tude on the land. II the erection of
telegraph-poles and wires constitute an
additional servitude on the land. GER
tainiy the erection of electric-poles and
wires or the laying Of pipes and conduits
constitute an additional servitude. II
the doing OF one entities the landowners
10 compensation, surely the doing Of the
other does If the failure of the act
tsections 12s7-1290) to provide compensa-
tion TO the landowners rendered that
act unconstit''' ona' the failure OF this
bill to so provide certainly renders it I'M
constitutional.
CONSULT THE OWNERS.
"Where an easement in land is ac-
suired under the power Of eminent do
main for a particular use il cannot be de-
toted TO another inconsistent use without
Cue compensation 10 the owner."-See
Wood on Railroads. Vol l., page l70 also,
pages 1874 and 7e6.
The fact that the consent OF the NUM-
pal authorities or county court respec-
lively shall be obtained docs not AFFECT
The question, for the consent OF neither
can give the railroad company the right !
10 exercise an unconstitutional power.
These are my objections 10 this bill, /
briefly stated Before concluding 1 trust /
may be pardoned when 7 respectfully I
call attention 20 the growing tendency \
TO embrace different objects In a bill /
Much adroitness Is frequently DISPLAYED /