Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-02-02
SHOULD HAVE ALlMlT
Railway Charter Vetoed Because NO
Time for Building Is Specified.
FOR MECHANICS AND sUrPLy MEN
Mr.. BANDS Bill TO Protect "''"
Reportcd Favornbiy Hh'p'''
-, Measure Passed-Lces bir'"-
sav-The Racing auestson-0oss'p'

al
c,,,rnor o'Ferrai yesterday sent In an
o,sor veto message to the Senate pls
80 ,r,,hbold.ng bis approval to a Oil
-. ,...,~,ors,e the Portsmouth, Gilmerton
=, era,,baela Railway Traction Com
-. The Executive objects to this mea-
spre because there IS no limit OF time as
- v,ben the road shall be commenced
aoa rbcn completed. The message reads
p,cbmond. Va. February ], 1896.
A.. general Assembly Of Virginia:
49,, oonetrained TO return without my
,.'..~o,,si senate Bill no. l6s entitled IAN
act 10 incorporate the Portsmouth, Gill
merton and smithheld Railway Traction
Company
section authorizes the construction OF
o. railroad from Cilmerton, in the county
NJ Norfolk. 10 and into the city Of Ports
mouth. and to any other point or points
I'm the counties Of Norfolk, Nansemond,
and Isle OF Wight, and TO and into the
town OF Smithheld, by such route or
routes as the company may adopt etc.
After a careful examination / have
failed 10 find any provision fixing tine
within which the work Of construction
shall commence. or a time within when
he road shall be completed.
In other messages TO the General AS
ssmbly during the last and present SEES
lions / have respectively eNpresseu Wy
spinlon that 1t is contrary TO SOUND pvpiIe
policy TO grant a charter 10 cohs.I uO'
railroad without prescribing a time
construction eNtM tNN4-
mence. and a time within which the rOdu
shall be completed. Further cons deration
has strengthened this opinion 90 hol
think q limitless charter IN point oi ei'ils
Tor the commencement and complexion Va
q railroad should be granted 10 any
company.
NO RIGHT or REPEAL.
.rbs grant In this bill is absolute ana
unconditional No right IS reserved 10
repeal the charter. and the Geheral AS
,ennbly would have no power over II, eN
rept such as is conferred py tne genera,
law Of the state, which would DE mos
Inadequate. Bee sections lOo' ana INV VI
the Code. s, r.. Ait,
,,r,.,ose The government cannot. without
he consent of the corporation, alter OF
amend n charter, or divest the corporation
~ any Of the franchises. Wood on Ran
roads. Vol. 2, page 2y5O. .....-
section lin Of the code does not cover
the objection presented me term opera
,tore which Is used. is very indefinite
"a o. Car as | know, has never been
s,1,cialv construed but 1t should not be
Icf5 mat the term means Work IN con-
,eoti,n with a railroad. II would be an
e.sv matter for a railroad company WIN
,fttfo cxpenee TO preserve its franchises
ga vet take n generation or longer WITH
IN which TO construct the road.
tsrned) CHARLES T. O'FERRALb
F''s"'N' Governor
REPORT THE BLAND BILL.
The Senate Committee on General Laws
Yesterday reported, without amendment
Tho House bill known as the mechanics =
lien bin. introduced In the lower oouy ny
MT. Bland. Of Portsmouth.
The bill provides that no assignnlcn'
A. transfer OF any debt, due, or to become
Tue 10 a general contractor by the owner
h, tho construction. erection. or repair
ING Of any building or railroad Tor such
o,vnor shall be valid or enforceable IN any
court OF law or equity by any iesa
process by the assignee OF any sucn deDl
unless and until the claims OF an sun
contractors, supply men, ana lapoi "a .
against such general contractor TOT idDoi
perforned and materials furnished IN anu
about the COlsUutAlphf 'i'NN'N''f
pairing of such building, structure
nm railroad. shall have been sat
SIZED. provided, that If such SUD
contractors. supply men, ana laborers
shall give their assent i'm writing to such
auelonment II shall be thereby mace
valid as 10 them, but the payment or
appfoprlatlOn Of such assignm nj by the
owner without such assent IN wrltlns
shall not protect such owner. from the
demands OF sub-contractors, supply men,
and laborers to the extent OF such assign
ment. No debt or demand due by 'ne
owner Of any building, structure, or ran
road TO a general contractor for the con-
struction or repairing of such building
or railroad shall be subject TO the pay
tnent of any debt or the lien OF any Judg-
ment writ Of fieri facias or any garni-
shee proceedings obtained or sued out
up0n any debt due such general contrac-
tor. which shall have been contracted III
any other manner or for any other pur-
pose than I'm the construction, or repair
Ing % such building or railroad for such
owner. unless and until the claims due
bv such general contractor TO all SUB
contractors supply men, and laborers fol
materials furnished and labor performed
~ and aboat the construction. or repair
tnc OF such building or railroad shall have
been paid.
THE LIEN or EMPLOYEES.
The House bin IN relation to the lien
81 employees OF transportation. mining,
and manufacturing companies on the
franchises ana property OF said com
panies was passed IN the Senate. The
ON provides: NO person shall be en-
tl,ied 20 the lien OF employees OF trans
pOftatiOu, mining, or manufacturing COM
panios unless he shall, within ninety days
after the whole OF the debt becomes due
and payable for which such supplies are
furnished or service rendered. file in the
clerks Office Of the court Of the county
o. CORPORATION In which Is located the
chief Office In this State OF the company
against which the claim IS. or in the
clerks office OF the Chancery Court Of
the city of Richmond when such Office
A. I'm said city, a memorandum Of the
amount and consideration Of his claim,
verefed by affidavit which memorandum
the said clerk shall forthwith record IN
the deed-book and index the same In the
tame OF the SAID claimant, and also IN
ia name Of the company against which
the claim Is. Any such lien may be en-
forced I'm a court Of equity
BRIEF NOTES AND GOSSIP.
Tie failure OF the Legislature 10 ad-
fcurn on the Monday Immediately suisse
erent 10 xhe birthday OF General X. r.
Lee. having created such widespread
comment throughout the South. II Is ui,
fcrstOod that resolution VIII be onereu
within the next few days by one OF the
members OF the House explaining why
the General Assembly did not adjourn