Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-06-21
QUITE A UNIQUE CASE
ONE STREET RAILWAY COMPANY
ENJOINs ITS OPPONENT.
GOVERNMENT TERRITORY BARRED.
Chesapeake md Hampton Rosds
Railway Company Hns Trouble
A"e"d or it-suit to lie Tried Before
Judge Nathan Con.

An interesting and novel suit OF great
Importance and far-reachine effect has
oeeh instituted in the United States Cir
cult Court here.
ABOUT seven years ago the Newport
News and Old Point Railway and Electric
company was granted a charter by the
Legislature of Virginia, allowing II to run
a line OF electric railway from the city Of
Newport News to and upon the govern
ment reservation at old Point Comfort.
An act OF Congress was duly passed soon
afterwards, allowing the company to en-
ter the reservation, subject TO the regula-
lions and rules of the Secretary Of War.
and since that time the company has been
running its cars from Newport News upon
and oyer the reservation.
During the last session Of the Legisla-
ture the Chesapeake and Hampton Roads
Railway Company applied for a charter.
and obtained the same. allowing il 10 run
another line Of railway from Newport
News to Hampton and Old Point, the pro-
visions Of the charter remaining silent as
10 entering upon and over the government
reservation. The Secretary of War grant
ed permit TO the new company TO ope-
rate its line upon the same. however. and
work was commenced on the road.
SUIT WAS INSTITUTED.
Al this juncture the old company insti-
tuted suit in the United States Court and
prayed for an injunction to prevent the
new company from entering upon the re-
serVaion, and on Monday Judge Edmund
Waddill, Jr., granted a temporary re-
straining order. enjoining the defendant
from entering thereon But leave was
given the defendant. upon ten days no.
tice, to move to vacate the order and IL
was required to show cause on the lith
Of July why the injunction prayed for by
the complainant should not be granted.
Bond in the sum Of 5000 was required of
the complainant before the order should
take effect
Among the unique questions raised in
the case is the right OF the new company
to enter upon the government reserva-
ton at Old Point without express
words TO that effect in its charter. the
complainant claiming that the property
at Old Point was coded to the Federal
Government solely for military purposes.
The right of the new company TO enter
thereon without an act of Congress au-
thorizing it TO do so is also raised, the
complainant alleging that the Secretary
of War is not vested with such authority
as to railroads.
1t is probable that Judge Golf will hear
the motion for permanent injunction, as
il is understood Judge Waddill, for some
personal reasons prefers not 10 sit in the
case.
BANKRUPTCY MATTERS.
The attorneys for J. NJ. Bear & Co
and others IN the case of the creditors
against Robert c. Chase, trustee in bank
ruptcy of T. ID. Rhodes, nave peuuoned
the United STATES Circuit Court of APP
peals for a review of the decision of Judge
Brawley In South Carolina, and the Court
mas ordered the petition to be filed.
This action was brought in conformity
with a recent decision in the Fifth Cir
cult al Cincinnati IN which II was helu
that the proper method or carrying bahk-
ruptcy cases to higher courts IS by pc
titon for review instead OF by appear or
writ of error
In the case of Edward c. Jones vs: VIII
liam q. Venable, trustee, &c., better
known as the POwhatan railroad bond
case an appeal has been allowed TO the
United States Circuit Court Of Appeals.
where it will be heard at the next term
OF that court in November
The case was decided recently by Judge
Gof i'm the Circuit Court of the United
States upon an alleged contract for the
sale Of the railroad bonds Of Powhatan
county. the plaintiff claiming the right
under his contract to purchase them.
Judge Con held 10 the contrary.
s. r. Carter executed bond in the
penalty of $50 before the Clerk Of the
United States District Court in the mat
Ter of AlonzO j. Bruffey, bankrupt.
Application for discharge has been filed
in the Office of the Clerk OF the same
court in the matter Of Bertha A. Pillow.
bankrupt and an order entered fixing
July Sth for a hearing.