The times. [volume] (Richmond, Va.) 1890-1903, 1901-03-02
EIGHTH STREET
INJlJNC ton
Judge Lamb Gives the Street Rail-
way Companies a Chance to
Get together.

The opinion handed down by Judge
Lamb in the Chancery Court Yesterday
practically dissoives the injunction
against the Traction Company in refer
ence to the Eighth Street car tracks.
The two companies are given until Mon
day. however to adjust matters. and at
that time Judge Lamb will take further
steps in the matter.
The text Of the opinion follows:
II am OF opinion that under the orol-
nance OF December u, 1899, the plaintiff,
the Richmond Passenger and Power Com
pany, had the right to construct and
operate a single track OF street railway
in Eighth STREET between Broad and Main
Streets, in the city of Richmond; put /
am further OF opinion that by its conduct
with reference to that matter, both in its
dealings with the city of Richmond and
with the defendant, the Traction Com
pany, the said Passenger and Power
Company must be held to have abandoned
its said right, and to have acIuiesced in
the action of the city in granting to the
Traction Company, by the ordinance of
December Z, 1860, the right to construct
and operate a double track in said street;
and therefore that the said Passenger and
Power Company is now estopped to assert
any such right in said street.
II am further of opinion that. even If
the said Passenger and Power Company
be not so estopped, but is still entitled to
construct and operate such track. yet it
is not entitled to occupy with such track
the location in said street ION the eastern
side) occupied by its present track; it
could only use such locati as the city
authorities might assign to it. and that
could not be the location of its present
track, because it would not be possible.
in that location, to connect with the
southern track of the Traction Company
in Broad Street, as it is required to do;
it must. necessarily, have it's loaction on
the western side of Eighth Street.
If, therefore, it be conceded that the
right of the Passenger and Power Com
pany on Eighth Street is unimpared by
its conduct and unaffected by the actions
Of the city and of the Traction Company
taken in consequence of that conduct,
the extent of that right is only to own
and to operate a single track on Eighth
Street. And that right is fully secured
to the said Passenger and Power Com
pany by the ordinance of February Sth
1901. BY virtue of that ordinance, the
Traction Company, which has the right
to construct a double track on said street
and has already commenced the work
is now under bond and security to sell
to the said Passenger and Power Com
pany the western of said tracks within
sixty days after it is completed and at
the actual cost of construction.
IF the Passenger and Power Company
will accept that ordinance it will secure,
without labor and without extra cost.
all that it could possibly claim under
the ordinance of December sd, 1899. and
this litigation will come to an immediate
end and both these companies can pro-
coed with the discharge of their duties
to the public.
This court has no power to compel
the said Passenger and Power Company
to accept the terms of the said ordi-
nance of February Sth. 1901, but it has
the power to dissolve the injunction and
dismiss the bill, and it will do unless
the said company will agree to accept
the terms of the said ordinance
Counsel for the Passenger and Power
Company said last night that the matter
was of enough Importance to require
careful consideration, and that the limit
of time allowed would probably be con-
sumed. President Belniss, of the Trac
ton Company, said that his company
stood ready to do anything in reason that
would tend to clear matters up.
The representatives of the Passenger
and Power Company, when seen last
night, stated that they were unable to
state what course their company would
take in connection with the opinion of
Judge Lamb. They have until Monday to
decide whether they will accept the pro-
visions of the city ordinance or lose all
rights on Eighth Street by d dissolution
of the injunction.