Daily press. [volume] (Newport News, Va.) 1896-current, 1898-12-04

GRANTED
Eisc:'sc Company vii: n !, LA, Any
hInrr TT. elk ror Awhile within
the limits "rth ~.

OF which proposition. the Newport News
and Old Point Railway and Electric
Comnany discovered yesterday.
The city through it's Mayor Mr. A.
a. Moss has applied for, and obtained
from Judge r. j. Barhan, Of the Cor
poration Court. an injunction restrain
ing the company from laying any more
II acks or making any further additions
to its lines upon the streets of Newport
News unit! further order of the court
the grounds for the injunction, briefly
stated. being that the company has
failed to comply With the ordinance
granting it the franchise, in that it did
not begin work in the time required.
and did not consult the Street Commit
tee. or act under the direction Of the
City Engineer. as provided.
When it became known that the
street railway company had sued the
city for $4,000 damages, in connection
With its suit against Contractors Ho-
nan. surprise ana not Il little indigna-
ton was expressed by the people, and
when the news OF the granting of this
iriunctiun reaches them. the general
impression will be that there are others
iGs: suits.
The street railway ordinance was
adopted On the 10Th or April. last. be-
coming a law ten days later without
tn. Mayors signature. The time given
for the road to begin work was six
months from the time of the charter
becoming Il law, the limit expiring Dc
tober 2alh. on which date, in an effort to
save the franchise. the company hastily
laid ties on Twenty-tifth street and,
later on, put them in on Thirty-fourth
street. the Two thoroughfares. by the
way. on which the main sewers We're
to be laid
IN doing this work the company, it
is charged. neglected to consult the
Sttcct Committee. as required by the
n,, Il tn. p,.; ,lsr En NJ hA
Committee to say what streets work
should be begun on. and to direct the
City Engineer to see that the proper
lines We're regarded. .
E The Mayor at the time, consulted the
Commemorative Attorney. and decid-
ed to take no action. Being convinced
that the railway company N, j ,a,lI
fer the city to stop the W., a ,LH8io,
having an excuse for as n,sssa ssn1sereb
might be The result of sues ~ ,ay
\ Asked yesterday wheth. would
have applied for the injunction in any
event, the Mayor said that he thought
he would; that he never ha' admitted
that the road had any rights Under the
franchise since October 10Th. and had
so informed Mr.. S. L. REGISTER. attor-
neN Tor the company. when the .ltte;
proposed, net long ago. to take IN the
work on Twenty-fifth and Thirty fourth
streets and relay it at the company'S
expense. in order To facilitate the work
OF laying the sewer
AT any rate. the application for the
injunction WAS made late Yesterday aft
ternoon. and Judge Palhsm granted it.
Tie, bill is complete review of the
case. aud tells the story Well. It is as
follows:
Mayor Of the City of Nevport News.
Newport News and Old Point Railway
and Electric COMPANY
To the Honorable r. ]. Rarham. Judge
OF the Corporation Court Of the City
Of Newport News:
Humbly complaining showeth unto
your Honor your complainant, A. a.
Moss, the following case:
That he is the Mayor of the City Of
Newport News. duly elected and quail
fled as such: that as sucn Mayor it is
his duty, under the charter Of the said
city. tn enforce the ordinances and laws
thereof and to protect The property.
privileges and rights of the said city,
and to take such action on behalf of the
same as may prevent any encroac hment
npon the same, or the erection or main
lenanCa of public nuisance in said
city. That the Newport News and Old
Point Railway and Electric Company
is a corporation created by and existing
under the laws of the State of Virginia:
that said company is authorized by
its charter to construct, maintain and
operate a street railway line along GER
OF the conditions upon which the said
right was granted by the State of Vir-
gina. Which is set out in the said char
ter Of the said company is that it shall
not construct, maintain or erect its
tracks, poles, wires and other appli-
ances on or along the streets or ave-
nues of said city except and until the
said right. privilege and franchise so
to do shall be granted by the duly au-
thorzed agents of said city: that. in
pursua nee of said condition in said char
ter, by an ordinance OF said city. pass
ed on the 18TH day Of April, 1898. Ger
titled copy of which is filed herewith.
marked exhibit A." and prayed to be
taken as Il part of this bill the right.
privilege and franchise was granted to
the said company to construct. lay and
maintain its tracks. poles and wires
along and upon certain streets of said
city, described in said ordinance. for
the purposes of a street railway, upon
certain conditions, limitations and pro-
Visos therein set out; that one of the
conditions and limitations in the said
ordinance provides that the work of
constructing said railway shall be com
menced within six months from the
time of the passage of the said ordi-
nance and diligently prosecuted to COM
pieton and another of the conditions
and limitations in said ordinance pro-
vides that. the tracks of the said rail-
way shall be laid on such portion Of
said streets as shall be designated by
the City Engineer and the Committee
on Streets of the Common Council! OF
said city.
Your complainant AYERS and charges
that, Notwithstanding the said condi-
tions and limitations. the said company
Totally failed to commence said work
within six months from the passage of
said ordinance, or TO apply to said Com
mittee and City Engineer to have them
duly and legally designate the portions
of said streets to be used by the said
company, and your complainant alleges
ard charges that because of the fail
ure of the said company to commence
said work within the time specified in
said ordinance, it has no right.
privilege or franchise to use any of the
streets or avenues Of said city as des-
.ignated in said ordinance. or to con-
strnct erect and maintain it's tracks.
poles, wires and appliances along. over
and 1soon any Of said streets and ave-
snues. Your complainant alleges and
charges that the City Engineer and
Committee on Streets Of the Common