The times. [volume] (Richmond, Va.) 1890-1903, 1900-02-24
THE TIMES: RICHMOND SATURDAY. FEBRUARY 1900.


determined on Its merits, and no denur-
rer or technical objection to be inter
posed. The court or judge before whom
such application is made, after deciding
the matters involved, shall. upon the re-
quest Of either party, certify the evidence
as part of the record, and either
party shall have Alright to apply for al
appeal and supersedeas to the Supreme
Court OF Appeals OF Virginia, from the
decision Of the said court or judge, which
appeal shall be proceeded in, heard and
finally determined as in like cases made
and provided. And the said company
shall properly restore such portions OF
any streets, alleys. highways and public
places disturbed by said company, by
reason oe the construction of its lines-sto
as good condition as they were in prior
to the construction of the lines Of said
company. But this company shall not
begin the construction of It's lines In any
city or town until an effort has been
made by it to agree with such city or
town upon reasonable regulations: ana
if the said company and said city or
town fail to agree upon reasonable regu-
Ations, then application may be made by
either party, after reasonable notice. by
petition, to the Circuit or Corporation
Court 1laving jurisdiction over such city
Or town, or the judge thereof in vacation.
as llereinbefore provided, to determine
what are reasonable regulations: and said
court or judge shall decide and deter
mine under VIVA resuia tons said cornpa-
ny may construct Its line in such city or
town, and shall enter all such orders as
may be necessary or proper to give effect
to its decision, and upon such petition the
same proceedings shall be had, and there
shall be the same right to APPLY to the
Supreme Court of Appeals of Virginia
from the decision OF said court or judge
as is here;nbefore more particularly pro
vided, and the decision of said Supreme
Court OF Appeals of Virginia shall be
final
This section not only provides for the
reasonable regulations of the corporate
authorities a. to the use of its streets and
alleys, in respect to the location and
maintenance of the lines. but il also pro-
vides that the company shall not begin
the construction of its lines in any city
or town until an effort has been made
by it to agree with such city or town
upon such reasonable regulations; and
that only upon such failure to agree,
either party shall have right of petition
to the Corporation or Circuit Court har-
ing jurisdiction over the city or town,
which court shall hear evidence and de-
ternllne what are reasonable regulations.
! Nothing could be fairer than that. # the
city only proposes to enact rea sonaSie reg
ulations or t. require the performances Of
city. then there will be no contention
whatsoever. The rights of the city and
of the company will be determined by mu-
tual consent If the city demands I'M
reasonable conditions or proposes unlaw-'
ful exactions, then the matter will be
heard and determined by their own court.
and from the action of the Corporation
or Circuit Court both the city and the
company have the right to appeal to the
Court of ADnP1lC of fha fat of oirio
and nowhere else. What just grounds
nave the municipalities for denying
power of their own courts to say what
is reasonable when a controversy arises?
These courts are organized to determine
all questions arising between citizens,
ana between citizens and the municipa ity
1t determines all questions arising be-
tween the Commonwealth and the citi-
zens of a city or town. If a man is tried
TOR his life, where the offence is COM
mltted within a city. he is tried in the
corporation Court. If it is a question Of
property, the matter is determined by the
Circuit or Corporation Court.
These courts are local and surely could
not have any prejudice against their own
communities; and being men chosen with
regard to their fitness for such judicial
work, command the respect of litigants.
II the city and town councils mean to do
right, then why should they object to
their own courts acting as arbiters where
q difference arises? If they do not expect
to do what is right in relation to a work
of q general and public necessity, then
they ought MOTTO be allowed to do what
is wrong. The history of municipal gov
eminent in this country has many in
stances where the private interests OF
members of the municipal legislative
bodies have influenced these bodies to
sacrifice the interest of the public for
their own private personal gain. And.
while every municipal body should have
to the fullest extent the right of self-sov
eminent and the control of all its local
affairs and the control and regulation OF
all public works within their city limits,
they ought not to have the right to be
allowed to hold up a great public work
because of caprice or whim or q less
worthy motive. This is particularly true
of q comprehensive system of telephone
service, such as this bill endeavors to pro-
vide for for any break in the continuity
OF the system would mean the destruction
of the system and no sane man would
put his money in enterprise which
would be absolutely at the mercy OF a
number of local legislative bodies. some
of which might be controlled by interested
motives.
The bill further provides that this
company shall give bond, with good secur
v,
Indemnify any city or town against any
Judgment recovered against such city or
town by reason of the occupancy of its
streets.
TT provides further in section u, that
the granting Of the charter shall not be
construed as exempting the company from
the opera ton of any general law winch
the Legislature may pass, regulating the
tolls or charges Of telephone or tele-
graph companies, and that the charter It
self shall be subject to repeal or modll-
cation by the Legislature at It's pleasure.
So that an unprejudced mind will OBJ
serve that every proper and just power
of every town or city iS absolutely safe
guarded and it is a considera ton OF these
provisions and realization Of the great
benefits to be derived from, Il comprehen-
sive telephone system when adopted, that
is; making the bill stronger before both
bodies of the Legislature every DAY.
Musical Concert.