Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-10-01

said company or corporation the privi-
leges held by them during the period
fixed. upon the terms upon which they
were held during that period or IL the
City Council and the said company or cor
pOration cannot agree upon the terms
upon which the said company or corpora
ton may continue 10 run their cars I'm
the streets Of the city. the City Council
shall have the right TO take. and shall
take the railways and fixtures thereto
lying within the city, and the lots
and buildings thereon, and ap-
purtenances owned by said com
pany or corporation. and used and held
as q part of its capital, and the cars or
said company or corporation used upon its
railways in the city; and the price To De
paid therefor shall be fixed by arbitra-
tors, one OF whom shall be appointed by
tho Civ Council, and the other shall be
ration; and IL they shall fail to agree.
by an umpire mutually agreed upon by
them. And in fixing the price Of said
property. the same shall be valued as pro-
perry, to be used for the purpose for
which II was provided, and in its then
place and condition; but the value OF the
privilege Of running passenger cars in the
streets Of the city shall not be estimated
as a part OF the value OF SAID property
NEED NOT GIVE NOTICE.
From a reading Of that section, II will
be seen that the city is not required TO
give any notice before the expiration or
said franchise II is allowed one year
from or after said expiration TO give no
tice to the company as to what ii desires
TO be done. During that year the Council
may, at its option, extend said franchlse
for another period, or II may reiuse 10
make such extension. II IL shall deter
mine TO extend them, fl must specify Tor
what length OF time and upon what terms,
conditions. and restrictions IL Will grant
the privilege. II upon those provisions
and limitations, the Council and me COM
pany can agree, the extension can DE
made by ordinance.
II the Council shall refuse an extern
sion. or if the Council and the company
cannot agree upon terms which are salts
factory. the City Council has oDllsaIeu
Itself 80 take the railways ana tNluie7
thereto, lying within the city. aho inc
lots and buildings thereon ana appuilt-
nances owned b. said company or cJIpo-
ration. and used and held as part or
it's capital. ard the cars OF sald
company or corporation used upon
it's RAILWAYS il the city; and the
price 10 be paid therefor shah be fixed
b. arbitrators. one Of whom shall be ap-
pointed bv the City Council. ana iEe
other shall be appointed by me sail c'in-
pSny OF corporation; and II they snaH
fail 20 agree. by an umpire mllLailN
agreed upon by them. And In liking ne
price of said property. the same shai pt
valued as property 60 be used TOT tle
purposes fof which II was proNided, ana
Yalu6 OF ne privilege OF running pas
sengeI-cars I'm the streets Of the city
shall not be estimated % part or the
value OF said property
CANNOT BE CARRIED OUT
7 beg to call your attention TO the fact
that. IN my opinion, the provisions 2I
section -, quoted by Mr.. Meredith, so
far as they attempt TO authorize the ac-
Quiring BIZ the city as its own OF
tho railway tracks. fixtures. etc. lying
within the city cannot legally De carried
into execution under the present charter
of the city. IL IS a well understood prin-
c;ple Of municipal law that a municipal
corporation has no powers not expressly
conferred by the charter, or necessarily
arising from such powers as are express
~ conferred, and / do not find in the
charter any express power TO authorize
tho city 20 purchase or own street rail-
ways, nor IS there any other power
grs nted from which this power may be
implied. Respectfully,
II. r. POLLARD.
City Attorney.