The times. [volume] (Richmond, Va.) 1890-1903, 1896-02-12
The Governor DisapprOVeS Of the Measure
ElIargIng lis Powers.
The ACT VIOLATES The CONSTITUTION.
An Exhaustive Discussion Fearing on III
and n Numbered Authorities tited-Biii
Allowing Port Norfolk Electric Co.
to Extend Its Tracks Vetoed Also.

Richmond, y a, 80 10 i'e''
To the General Assembly:
herewith respectfully return without
my approval, House bin No. H. entitled
An act to enlarge the powers OF the
Richmond Traction Company"
Section OF this bill authorizes the
Richmond Traction Company to consuuc
and operate street railways over ana
through the streets Of Manchester ana
! upon such OF the public roads or the
counties Of Chesterfield and Henrico. for
such distances. and for such times ana
upon such contracts. and subject 10 such
! conditions. limitations. and restrictions
as 10 may make and agree with the COM
mon Council of Manchester and the
| County Courts Of said counties which
contracts the Common Council OF Mah-
chester and The County Courts OF said
/ counties are authorized 10 make with said
company.
! J have. I'm other messages 90 the ''h-
eral Assembly during the present ses-
! sion. insisted that tho placing or iele-
graph. telephone. or electric poles along
| upon "a public road. or the laying or rah-
! road track upon the same, was an aoui-
! tiOnal scrytudc. for which the duNtihs
! landowners are entitled to compensation,
| and that The failure Of an act TO provide
for such compensation was faulty, ana
in violation of the constitutional IToNis-
ion forbidding the taking of private prop
erty for public use without just CONF
pensallon.
AUTHORITIES CITED.
This principle is 50 well settled that
shall cOnhne myself TO a few citations
of authorities:
Where an easement in land rs ac-
quired under the power of eminent do
main for Il particular use. IT cannot be
devoted 10 another inconsistent use. WITH
ont due compensation 10 the owner.
Wood on Railroads. Vol. 1, paSe "o'
also pages 79i. 1g.
THE easement comprchcnds no inter-
eat in the soil. The richt OF ireenold
is not touched by establishing nigh
way. but continues i'm the original owner
Of the land in the same manner ~ u
was before the highway was established,
subject 10 the easement
Notwithstanding the easement the
owner retains many and valuable IN
terests. Ifc may make any use o.
10 not inconsistent with the enjoyment OF
the easement" Warwick ~. Mayo. j.
Graft. 52S.
cit is quite apparent that by the use
by the public OF a highway aud the use
thereof hy 70 railroad company IS essen-
tally different" Cooley's Constitution
al Limitations. p. Gl,.'
THE weight Of judicial authority Is
against tho power of tho legislature 10
appropriate common highway 10 the
purposes Of a railroad. unless al the
same time provision is made for CONF
peniatlon to tine owners of the fee.'
Ibid, 6s2.
We have a recent decision by the Court
Of Appeals OF Virginia. In tho case OF
Western Union Telegraph Company vs.
williams. So Virginia. igd. IL was
held that "tne condemnation OF
land for public highway siyes
only right Of passage over n. The
absolute property in the land remains IN
owner Erection of telegraph poles
and wires constitutes an additional SER
vitude on the land. "
Act. February io 1850 Code. sections
12S7-l2qO. authorizing construction OF
telegraph lines along any public road.
If the'use OF the highway be not obstruct-
cd. without providing any compensation
TO the landowners. violates the consu-
tutional intention when taking private
property for public use without compen-
satiOn.
CONSTITUTION VIOLATED.
Now. If tho erection Of telegraph poles
and wires on a public highway created
am additional scrvitudc. how much
greater seryitude does the placing OF
electric poles and wires. and the laying
of railroad tracks ON public highway
create? n the act authorizing the cree
tiOn of telegraph poles on public
road, without providing for compensa-
ton 10 the landowners was unconsti-
tutional ID must De- admitted that House
bin No. 1J. which authorizes the Rich
moni Traction Company TO occupy the
public roads of the counties Of Chester
field and Henrico with its poles and
wires and tracks without providing for
compensation 20 the landowners violates
section l4 Article 3. of the Constitution.
There is still another question in this
connection which J regard of prime im
pOrtance. Should a road which had been
dedicated 10 the public and paid for by
the Taxpayers Of "A county be taken boy
railroad company without the consent OF
the public or those. at least. living along
Jas line, or an opportunity upon their part
TO be heard? Under our statute. no
public road can be discontinued, eN-
cept upon APPLICATION to the county court.
after due notice has been posted for
thirty days at the courthouse Ind two
public places IN the neighborhOod Of the
road. and a report OF viewers appointed
by the court has been returned. Code.
section $50. III any person fnds himself
aggrieved by the order OF the court he
may appeal therefrom Of right. IBID,
section 3i52 This shows that the spirit
OF our law is 10 deprive no community
or neighbOrhood of road which has
been dedicated 20 the public use, with
out affordng those WHO may be affected
an opportunity 10 he heard. with right
OF appeal from the decision of the court.
The occrnation of a county road by
railroad track or tracks is I'm great meas
ure. I'm effect. the closing ~ the roaI
as TO county vehicles, and gives the rail
road company = practical monopoly Of
the highway. Is if right TO thus author
ize. az this bill docs. a railroad COM
pany 10 virtually discontinue tho use Of
p county road. so far as wagons ana
private conveyanccs are concerned. Win
out giving those who usual use the
road "a dav in COURT ! do not think so.
I can see no reason why the statute
should Dee 50 considerable 81 the rights Of
the public i'm the matter or discontinue
a. road and yet 50 inconsderate OF their
rights in dealing with railroad corpora
tion. and permitting Il 10 occupy Inc
road.
ANOTHER OBJECrION.
But. passing ON. there IS anoiheF oo-
lection 10 this bill
Section 3 empowers TINS company 10
promote. establish. and maintain ihe
business Of a general electric COMPANY
to erect. establish. maintain ana Dp-