Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-02-12
VETO TIE TRACTION.
The Governor Returns Without Approval
The Bill EBlarsins Its Powers.
ILLEGAL RIGHTS WE'RE GIVEN
the Legislature Has No A"'""r''
10 Empower the Company 10 """
Its Tracks Along the Highway "
DIFFERENTIATION Norfolk Road

Governor tildA 9N''t .,
sane 10 the House OF delegates $50
sav yctoing House Bli no. l-'' o'.''','
.sn act 10 enlarge the powers 81 'ne
Richmond Traction company. Ine GOV
crnor says. .,... tho
section 4 OF this bnl authorizes 'ne
p..h,,o,d Traction Company TO CO.'S Oet
s,1 onerste street railways over ana
through the streets OF Mancnes'ef' ana
unon such Of the public roads OF iAe couh-
Ill.,. of chesterfield and ienrico Tor such
d.,,rcos and for such ,imcs ana ui on
..,oh contracts. and subject TO such con-
ti,to,s limitations and restrictions as
d, NAV make and agree with me Com
mon council Of Manchester and the coun-
ID. corrfs Of said counties wh'ca CON
,.,s the common Council Of Manchester
and 1o county courts Of said counties
ar, authorized 90 make with said COM
IaFy
RIGHTS OF PROPERTN-OWNl.ES
1 have Boa other messages TO the Cerc-
rsl Assembly during the present session
insisted that the placing OF telegraph
frfcnhorc or electric poles along upon
"A public road or the laying of railroad
rack uuon tine same was an additional
.ar-yifudo for which the abutting land
owners are entitled 20 compensation, ara
that the failure Of an act 10 provide Tor
such compensation was faulty ana ih
violation of the constitutional provision
forhddne the taking of private pro-
uerty FOR public use without just tOmpeh,
sauon. This principle is so well s'liieo
thai j shall coniine myself 90 q lew ci'a-
lions of authorities"
The Governor quotes from 2oo on
Railroads. CoOlcy's Constitutional Llmita-
lions. Ibid. and other recognized sAthor-
tics. and continues.
we have "a recent decision 10y the Court
of Appoale OF Virginia. ln the case OF
the Western Union Teieeraph company
SIS. Williams So Virginia tb H. was
held that the condemnation or lana TOT
public highway gives only right OF passage
over it. The absolute property in the
land remains in owner. Erection OF tsle-
srph poles and wires constitutes an
additional seryltude ON the land. Act OF
February 10 1850 code. section 1897 OF
Iem authorizing construction Of telegraph
lines along any public road, il the use
,f fho highway bc not ohstructed. without
providing any compensation to the land
owners violates the constitutional In
IGNITION when taking private property FOR
public use without compensation
Az ADDITIONAL sERVITUDE.
"Now. If the erection OF telegraph poles
and wires ON a public highway created
an additional seryitude. how much greater
icr,itude does the placing OF electric
poles and wires. and the laying of rail-
road tracks on a public highway create
If the act authorizing the erection or
telegraph poles on a pulAc road without
providing FOR compensation to the lahd-
owners was unconstitutional, II must De
admitted that House Bill No. rs, which
authorizes the Richmond Traction Com
many 10 occupy the public roads OF the
counties of Chesterfield and benricc with
lis poles and wires and tracks without
providing for compensation 10 the land
owners violates section IA. Article Y. OF
the Constitution.
There is stil another question I'm TINS
connection, which 1 regard OF prime I'M
portance. Should a road which has been
dedicated 10 the public apd PAID Tor 10y
the taxpayers of county pe taken
hv a railroad company without the con-
ernt of the public or those at least living
along its line or an opportunity upon
their part TO be heard? Under our
statute no public road can be discon-
unued except upon application 70 the
County Court, after due notice has been
posted for thirty days at the courthouse
and two public places I'm the neighborhoOd
of the road. and report Of viewers APP
pointed hv the court has been returned.
code. section gJg IL any person feels
himself acpricvod by the order Of the
court. ne may appeal therefrom OF right.
Ibid. section $685.
NOT CONSISTENT
"ThIs shows that the spirit Of our law
ls TO deprive no community or ncighbor-
hood of a road which has been dedicated
i0 the public use without anorditg those
who may be affected an opportunity 10
hs heard with right OF appeal fronr the
decision Of the court. The occupation Of
3D. county road by railroad track or
racks ts boo great measure In effect the
closing of the road as 10 county vehicles,
and gives the railroad company practi-
D3l monopoly of the highway. Is IL right
Co thus authorize. as this bill does,
railroad company 10 virtually discontinue
ihe use of q county road, so far as
wagons and private c0nveyances are con-
cerncd. without giving those who usually
use the road "a day IN court? ] do
mot think go. j can see no reason why
ine statute should be so cOnsiderate Of
inc rights of the public IN the matter
oi disseminating a road. and yet 50 in-
considerable of their rights I'm dealing
with railroad corporation and permit
tins 10 to occupy the road. But passing
on. there is another objection 10 this bill
section empowers this company TO
promote. establish. and maintain the
business of general electric company.
.0 erect establish. maintain, and operate
or sell plant or plants i'm the cities
f Richmond and Manchester and in
iNc counties OF Benrico and Chesterfield
lor the generation of electricity and the
supply OF the electric current. fer its
r"n use. and for sale TO persons Natural
or artificial heat. light or power.
or amy and ain other uses 10 which ;he
electric current may be now or al any
time hereafter applied or applicable. and
may manufacture, use. and sell. tisui-
butte. and furnish the same for am said
purposes TO an or any persons parties,
AND corporations etc
1T Is UNCONSTITUTIONAL.
The charter title OF this company IS
Iho Richmond Traction Company"
What does IFS name implya Traction.
I''Nnuou. Drawing a body along a
N."ne hy motive power as the drawing
carriage by men OF horses the tow
"- oi boat by a tug Webster 10
menus company organized and empow-
''.' TOD furnish motive power and with /
'' draw cars along fits own tracks or
tracks of other companies. IL does I
moan mat 10 can go into the busi- 1
OH supplying heat and light to indi- /
''aia and corporations. and the author 4
.olitfied by this bill 10 engage ln this /
n my opinion. in conflict I
WIN section l5. Article g.. Of the Constitu-
ION winch declares that NO law shall I
embrace more than one object which !
s.''I De expressed in the utie' what 1
~ ,I may oe The scoops Of am act. Il can
embrace Dut one subject. and AN its pro.
VISIONS must relate 20 that subject. they
must Doe part OF it. Incident to AZ ar IN