The times. [volume] (Richmond, Va.) 1890-1903, 1900-02-07
FC)l]RG)JRE5AN TEMP q s. CO.,
following communication from the At
torney-General.
Odice of the Attorney General
OF Virginia,

following communication from the At
torney-General.
Ohice of the Attorney General
Of Virginia.
Richmond, Va, Feb. 3. 1900
To the Honorable House of Delegates:
I had the honor to receive on the ga
instant a resolution Of your body OF the
18th instant, directing me to investigate
and report within ten days, what meas
ures. if any. can be adopted by the State
Of Virginia to compel the Southern Rail-
way Company. successors to the Rlcn-
mond and Danvile Railroad Company, to
comply with section s, of chapter 3o2,
of the Acts of Assembly. approved Feb
5ruary 20, 1894" which is as follows:
IS The principal office of the Company
shall be in the city of Richmond. In this
State, at which Fall meetings of tbs
stockholders shall sbe held and all other
offices and workshops of said company
shall be located -in1t the State of Virginia.
so far as the same may be practicable
The Noncompliance relates particular
-ly, 1 am advised, / to the alleged failure
of the road to keep its principal office
in the city Of Richmond and your resolu-
ton directs that report whether it is
in the power of the State to afford a
remedy therefor.
Replying to your inquiry, I beg to adj
wise that it is competent for the LeS1s-
lature to make a general law. prescribing
a fine or penalty for the non-user or mis-
user of all corporate duties, TO be de-
termined and recovered through the in
strumentality of the courts.
Therefcre. under such statute, fine
might be imposed and recovered for the
non-user incident to the failure OF the
corporation to keep its principal office in
the city Of Richmond.
II is a general principal of law, that II q
firy, tic to, o,>fn Int M
posed by its charter. it therefore risks
forfeiture of its charter and franchises by
q Judgment of 4 court. under what is
technically known as q quo warranto pro-
ceedng. However, it should be noted
that the forfeiture, would not operate to
compel the removal OF maintenance Of the
office in the city Of Richmond, and the
only effect of this proceeding might be to
induce the removal at any time before
final Judgment. in order to avoid forfeiture
of the charter. But this drastic remedy
is one which the courts apply only upon
eXigcn1 demand, and with extreme eau
ton.
Again, if it be plain ministerial duty
to remove and maintain such office IN
Richmond, the court could compel such
acton by its writ of mandamus, upon
proper application therefor. And this,
therefore, seems to me the only practical
Bile judicial relncd..
My duty, however, compels ne to OBJ
serve that if the company has an office
in the city of Richmond, at which all the
meetings of the stockholders are held and
at which are kept the corporate records
! subject to proper vstor:al inspection
then, the principal office" Of the company
! is already in Richmond.
i This suggestion is made because the
weight of authority holds that the prln-
cjpal office of a railroad is rather the
mi nh
porate affairs proper than the admins
tration office which directs and controls
the industrial and material operations OF
the road.
SO that without legislative alteration of
the charter, it seems that there is no
! right respecting which the courts would
| entertain any legal proceedings.
Very respectfully,
A. j. MONTAGUE,
Attorney General.
At the request of Mr. Todd, of Au-
gusta, one hundred and fifty copies OF the
| communication were ordered printed for
| the use of the members.
Two sharp fights took place before the
special order was reached.
The first was over the bill of Mr.. Bar
clay, regulating the salaries of the mem
bers and officers of the General Assem-
| bly.gAfter much discussion, the bill was
passed, so amended as not to affect the
salary of the new member from Norfolk
| county.
The other debate was over bill offer
ed by Mr.. Felix Nj ones, regulating the
| hours between which liquor may be sold
in. the county of Henrico.
Mr.. McAllister, Of Bath, objected TO the
bill and made a vigorous speech against
! It,. RI
Mr.. Jones appealed to the House for
/ tho passage of his bill. which he claimed
! was purely local in its effect5lt was
finally passed by ali overwhelming ma
! jority.
- The land gra bbers, act came up as a
i special order again at I o'cock, and C Cap
tain: RS Parks ttobk the floor to speak
in favor of his substitute. He opposed
the bill of which Colonel nderson Is the
author. and said If the act ofs1 1875 KEPT
| sold members from coming back to 1.-The
Legislature. the passage Of the 4 nderson
!! bill would. in his judgment. prevcnt. al al
who voted for It from yeturn:ns fter
/, discussing the cater at some @Ssl length
i Captain Parks yielded Tor a mot ton &c
d5ourn, and will resume his argument len
at818o'clock to-day &
Z 1N.FRODucEDHAND REFERRED
BY M. eatteson-F'or the relief @ tbs the