Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-06-30
MAm-CtRs on CITY RAILWAYS.

I The opposition Of our City Council TO
! the scheme Of utilizing street-railway
lines in connection with the mail-service
| OF the United States is entirely due TO its
| recollection of the celebrated case Of the
! City of Richmond against the Southern
! Bell Telephone Company. decided in the
United States Circuit Court of Appeals
| on February /. 1885
The ruling of the court in that matter
was a source of surprise and disappoint-
ment TO the City Fathers, and taught
! them to beware of surrendering or uncon-
/ sciously waiving municipal authority in
! favor of Federal jurisdiction. This de-
! cision holds that telephone and tele-
| graph companies are, in contemplation
! telephone company, when it has complied
with the conditions of the law, comes
| within its protection, and is entitled to
the privileges of the act of Congress APP
proved July "a, 1866, by which any tele-
graph company, upon compliance with
certain conditions, has the right to con-
struct, maintain, and operate lines of tel
tary or post roads of the United States
Where a telephone company has enter
cd a city by permission Of the council
thereof, which permission was granted
subject to a right reserved by such coun-
eli 10 revoke the privilege after a given
time, and such right of revocation has
been exercised, the telephone company
ha In, no iT1r cd 40
protection and privileges of the act of
Congress of July "a, 1856, 1t is not "a tres
passer upon the post roads of the city
entered as aforesaid but has the right
TO construct, maintain, and operate its
lines along the same. Such was the loop
hole through which the appellee escaped
SO far as we can learn. 10 one here has
given the subject of mail-cars on street
railways a thorough examination in its
legal aspects; but when the matter was
mentioned in the Council Mr.. Joseph
Wallcrstein reminded members of the
telephone companys case. and limited at
unexpected pitfalls which might entrap
the city's representatives and subject
them TO the mandates Of the National
AONcIliHtnt. lie SuSStSltu titil 'FOii Niit
wisest could not guarantee that whcu
the street railways became servants Of
the United States they would not thus
be able to throw off the yoke Of NUM-
cipal authority or at least evade some of
its provisions. Considering the risks.
whether actual or imagined and the COM
paratively small benefits that would ac-
crue from the proposed scheme. he be-
lieved the game was not worth the cam
die.
The Council concurred In AIR. Waller |
STEMS views. which 1t Was more ready |
to do since the franchise Of one Of our |
street-car lines expires In a year or two. :
Meantime, however the United States |
Supreme Court may reverse the decision |
OF the Circuit Court OF Appeals, and this !
we earnestly hope II will do, And II II /
does. Richmond win have the right TO /
control her own streets and there will /
then be no danger in allowing United |
States mail-cars 10 be run Oh our street
cas- lines.
We very much dislike 10 have Rich
mond occupying what seems 10 be a po-
si,ion OF hostility TO progress IN the de-
livery OF the mails. but II the danger be
what the Council believes II to be. our
city had no alternative but TO choose
between two evils.