Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1902-10-19

OPINION OF CITY ATTORNEY.
Mr.. Pollard Thinks Wharf Owners

CITY Attorney Pollard has rendered an
opinion as to the right Of the city to make
number of changes that were desired by
the Council Committee on the improve
ment of James River in the city haroer.
The opinion will. of course. guide 'hs
committee as to it's future course. The
paper is as follows.
Committee on Improvement of James
River:
Gentlemen,-I am in receipt of COM
nunication from your clerk. under date
of September 18TH 1902. in which you ask
the following questions;
/. Whether the city has the right to es-
tablish water front line in the river
.. Whether the wharf owners can De re-
ouired to extend their wharves to tbs
line? or za
: Whether the city has the right to ex-
tend said wharves?
these questions will be answered IN
order.
First bv subsection g. of section 10, OF
the. charter OF the city OF Richmond, an
amended by the act and approved fs'i
orv3 1000 the City Council has the power
TO establish, construct. keep IN ORDER SAAteE
or remove landings. docks, street or APP
nroaches thereto. and lands ALREADY DC
longing to the city, or acquired by tiH
city by condemnation or other"ISe' N'l
such purpose. and to lay and collect
raaeonahIe duty on vessels coming to and
using the same, or lease the use Oh sue"
landings. wharves. or docks. upon suGH
tarmsand conditions as to them may seem
ius1 and. to regulate the manner OF USING
other wharves and landing within the cor
norata limits and to otherwise provide Ios
Che maintenance of the harpor.
HAS POWER TO IMPROVE
II thus appears that the city has power
to improve and keep in good, safe anu
pavicable condition the harbof WITHIN t'is
cornorate limits of the city. by necessary
medication from this provision. t'i'IAn
the CITY may, in executing the WORK OF
ir,,rroyine- rha harbor. determine TO what
line il viii! dredge for the purpose OF
daaneninG the river. hut j do not think IL
c,n establish a water front or harooF
line which would alter or supersede tHa'
established by the United States govern
mont in whom is vested by the CeAst4I'-
tion of the United States the primary Tsh'
To establish harbor lines But under sec
,io-, oO1t of the Virginia Code, the city
may make rules and regulations Tor 'ls
preservation of the haroor, lis poIiSe s''
eminent. etc -.
second. 1 do no. however think that ire
CITY las, under the section last refer's,'
to, the power TO compel wharf Owners
extend their wnarves 70 the harnor mo
established by it or by the Uni5ed states
government. --
NOT FOR PRIVATE PURPOSES
Third. while the city has the right. I'M
der the subsection of the charter aooFa
referred 10. and also section 2.l9f, OF th'
Code of Virginia. to regulate the na !lns
of using the wharf and landings "i'n'n
the corporate limits. yet do nor 'ilI L
under its charter it has the right 10 use
the money of the city to extend tl'
wbsrves of private individuals TO the mar
Dor line. even with the consent OF 'no
wharf owners 1t has the right. howeFsf,
under its charter. to build wharves toF
itself ar 20 improve wharves already De-
longing to it and charge for their USE -
rent or lease the same to others
Very respectfully.
H r. POLLARD.
City Attorney