The times. [volume] (Richmond, Va.) 1890-1903, 1899-01-27


Tho eoofions of the Code 20 be consid-
cred are 1857. l2sS and 1888. These sec
lions are taken from the Act OF Assembly
found iu Acts OF $3.50 at q. 3d. and cover
substantially the same ground The Re
,.isors for the sake OF perspicuty ana
GO Convenience. devided the subject treat
al Of in that statute, and II now APP
pears I'm the Code I'm the three sections
referred TO- These sections are In Parl
Nateria and each and all can ana shoulu
DE looked 10 in order 10 reach the right
Interpretation OF them. They are as Toll
lows: Sec. 1881 Every telegraph ana
every telephone company Incorporated by
this or any other state. or by the United
States may construct. maintain, ana
operate its line along any OF the state
or county roads or works and over the
waters oil the state. provided the ordi-
nary use OF such roads. work. railroads
and waters be not thereby Distracted;
and along or over the streets OF any
city or town. with the consent Of the
Council thereof"
Sec. 12SS Such company may con-
tract with any person or corporation the
owner OF lands. or Of any interest. fran
chise. privilege. or easement therein or IN
respect thereto. over which such line
is proposed 10 be constructed, for the
preserving It's poles and other structures
necessary for operating its line, and the
right OF way for the erection and occupa
tlon OF offices at suitable distances along
its line for the public accommodation"
RIGHT OF WAY.
Sec. 1859. III the company and such
owner cannot agree on the terms of such
contract. the Company shall be entitled
10 such right of way, upon making just
compensation therefor 10 such owner.
such CONDENSATION shall he ascertaine1
and made. as provided in chapter forty
six for the acquisition Of lands by a
company incorporated for work or in
ternal Improvement when such internal
Improvement company cannot agree on
the terms Of the purchase with those
entitled 10 the lands wanted for the pur-
nose of the company. The title which
may be acquired by telegraph or tele-
phone company under this section shall
be only 10 a right OF way for the purpose
stated I'm the preceding section and no
right Of way acquired by any such com
pany under this or the preceding section
shall be 10 the exclusion Of other Ike
companies from having or acquiring a
like right or way over the same lands.
Tho rules Of Interpretation which have
been established for the guidance Of
courts I'm the construction Of statutes are
correctly stated IN Postal Telegraph
Company VS.. Norfolk and Western Rail-
way Company. Supra. ~ will be ohscrv-
cd that p telegraph company is auihoriz-
ed BY the first section quoted 70 construct
it's line along any Of The state OF county
roads. and the case just cited comedies
that along in that connection is equiv
aicnt 10 "aiong and upon" or "on g." In
the last clause OF this section they ore
given the right to go along or over
streets Of any city or town with the
consent OF the Council thereof Here
too along has the Specification just
given il OF "along and uDon." or this
there can he no doubt. Here then we
have I'm this section the word along
appearing three times. and the sense I'm
which It is used IN the first and third
fms lance r. clear and unquestioned. The
same nearing, therefore. will b. attr'-
bufed 10 II elsewhere unless there be
eo~ ching in the context which clearly
Indicates that N" LEGISLATURE intended
some other and different meaning 70 at
tach 10 It.
PARALLEL TO.
II is claimed that this intention is to be
found In the phrase along and parallel
TO-" and that by the use OF the words
parallel to" the Legislature intended TO
restrict the meaning heretofore and
thereafter giving 10 the word along
and TO contne the telegraph company 10
a line following the length OF the rail
ways right Of way but never encroach-
ing upon il. or in the language of the
court IN S. Va. 1t is TO run in the drec-
ton OF the railroad line "along side OF
and equidIsiant from 1t throlfhout all
is parts 20 that neither shall meet or
touch. not tn or upon the railroad strip
we are wholly unable TO perceive. II this
lc the true construction, why the Leg
islature found IL necessary To say any
thing about the railroad. The right