The times. [volume] (Richmond, Va.) 1890-1903, 1896-01-30
WITHOUT APPROVAL.
GOyERyOR O'FERRILL vETOES
TWO OTHER BILLS.
His Objections to the Incorporation of the
Berkeley street Hallway Company and
the Potomac Western Railroad Co.

Senate bill No. 1s3 entitled AN act to
amend and re-enact the third section of
an act approved February 3, ISIS entileA
an act 70 incorporate the Berkeley Street
/ halfway Company" has been carefully
/ considered by me, ana | regret TO he
compelled TO return it without my ap
| prOval.
section OF the original act is as fol-
| lows.
1T snail be lawful for said company
TO 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 10 prOpel the cars OF said road
See Acts 1851 IS. page %.
The present bill proposes 10 amend this
section By adding the following words.
And said company shall have TIE
further power and authority 10 establish
and maintain In the SAID village or Berk-
lev. OF I'm Washington magisterial dis
trict, Norfolk county. one or more plants
Tor the purpose OF furnishing electric
light, heat, power and traction TO the
public and TO private individuals and cor
pOratiors and may manufacture ana fur
nish light for public and private use by
electricity. gas. or other means OF illumi-
nation and II shall be lawful for said
company to dispose OF lts electricity or
gas az such rates as may b. agreed upon
by the parties. hut as far a. the said
company shall use the streets OF said
village or the roads OF said Washington
magisterial district for tho purpose or
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 detrimeut
10 the public use thereof and subject 10
the consent Of the municipal authorities
OF said village or the County Court OF
said county. respectively.
HIS OBJECTIONS.
These provisions are. in nay opinion,
subject 10 the following objections.
First. This company IS chartered as
railroad company only. The title OF the
original act indicated its purpose, and
If the title had authorized II TO operate
electric and gas plants ior the benefit
tons II would have been rcpucnant 10
the constitutional provision. which de
clarcs that NO law shall embrace more
than one object. which shall be express
ed i'm IFS title" and If these two objects
could not have been united 40 the orel-
nal bill. IL cannot be done by amend
ment. The business of railroad COM
pany Is one thing and that OF gas or
electric heat light, power and traction
company another. the two enterprises
are ucongruous one is not in any man
ner incidental n the other. they cannot
be blended in the same act.
II railroad company can either m
its original charter or by amendment. be
authorized to engage In the business OF
furnishing gas, electric heat, light, or
power 20 the public or TO individuals or
corpora lions why could it not be au-
thorized 10 engage i'm 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. II is provided that the streets
OF the town Of Berkeley and the roads i'm
Washington magis terial district. IN Nor
folk county, may be used for the purpose
of erecting and maintaining poles. wires
and necessary fixtures or placing there
under pipes or conduits for the conduct
Of the business of furnishing gas. cleo
tricity heat, light, etc, 10 the public, 10
individuals. or corporations subject 10
the consent of the municipal authori-
ties Of said town or the County Court
Of said county respectively.
PRINCIPLE VIOLATED.
In a recent message in returning without !
my approval. a bill, entitled AN act 10 !
Incorporate Basic City. Bridgewaier, ana /
Piedmont Railway Company ! discuss
ed briefly the principle which ! think Z
is violated 10y the provision just recited. /
and said. by condemnation county I
acquires only and solely the right 20 /
use the land as a county road-the ease +
mcnt. as il is called. the freehold ic- +
mains in the landowners. The county R
can use il for no other purpose. Tor can /
10 transfer its easement. Besides the /
laying of "A railroad track upon The bed /
OF "A county road constitutes an addition /
a1 scrvitude FOR which the landowners /
would be entitled to compensation, ana /
thf section contains no provision requii- /
ing the consent Of the landowners, nor /
docs 10 provide for compensation 10 them. i
and. thereby. violates the constitutional I
intention when taking private property .
for public use, without compensation.
Citing Western Union Telegraph Com
pauy Vs. Williams. sj Va, page CSC. IN
which the court held that an act (sec-
tons 1851 and 1890. Code. authorizing /
the construction Of telegraph lines along
amy public road, N the use or the high
way Doe not INSTRUCTED. without prOvld-
ing any compensation 90 the landowners
is unconstitutional. the erection Of
telegraph poles and wires constituting an
additional serItude on the land. In the
erection 0f telegraph poles and wires con-
stitutc5 an additional serlitude ON the
land certainly the erection or electric
poles and wires or the laying Of pipes
and conduits constitute ain additional
seryitude. II the doing Of one entities
the landowners TO compensation. surely
the Going OF the other does. II the
failure OF the act (sections lAl-l29W TO
provide compensation 10 the landowners
rendered that act unconstitutional, the
failure Of this bill 10 so provide GER
tainly renders IT unconstitutional.
MUST CONSULT OWNERS.
Where an easement i'm land is acquired
under the power Of eminent domain for
d particular use IL cannot be devoted 10
another inconsistent use without due
TO the owner" See Wood
ln Railroads, Vol !. p. 40; also pages
- and 100.
The fact that the consent of the mu-
licipal authorities or County Court re-
.uectively shall be- obtained does not
iffect the question. for the consent OF
neither can give the railroad company |
he right 10 exercise an unconstitutional
power.
THESE are my objections 70 this bill.
irieny stated. Before concluding | trust
may Doe pardoned when ] respectfully /
all attention 10 the growing tendency !
o embrace different objects in a bill /
Much adrOitnCss Is frequently displayed !
~ making the powers conferred appa- I
emily Incidental 10 each other. Writer'S !
20 statutory law lay great stress upon
he Importance Of guarding against the
ringing together into one bill subjects
Inverse I'm their nature and having no /
necessary -incOngruOus mat
crs and objects bearing no relation 10
.ach other.
HOUSE BILL VETOED.
Tho Governor also sent 10 the House
he following veto.
Richmond Va. Jan. %. 1896
20 the General Assembly:
/ have had under consideration House
i'm No. 81. entitled An act extending
he time of commencing the construction
+ the Potomac Western Railroad Com ;
any" and herewith respectfully return
without my approval ,
The bill is as follows. ,
Il BE ii enacted by the General As
emily OF Virginia. That section Q of :
hapter 49i OF the private acts OF the
assiOn 1SSy-'gO be amended and re-enact- c
so as TO read as follows:
Section o. The said company shall be 4
aquiref 20 commence the construction OF u
ttftfa fttf. :