The times. [volume] (Richmond, Va.) 1890-1903, 1902-07-20
No Laws in Force as Required by
Virginia's S New Constitution.
THE LEGISLATURE MUST ACT
II VIII Adjourn Until November-No
Enactment on Franchise Granting
Expected Before January-Ef-
feet Upon Local Applicants
for Privileges = Much
Inconvenience

One Of the sequences of the operation
OF the new Constitution is the fact that
for period of five or six months at the
least and probably longer, it will be i'm
possible for the Council of any city or
town in the State to grant to any COM
pany a franchise for street railways,
telephone plants and the like.
In the consideration of the conditions
imposed upon the granting of such fran
chises by the new Constitution the cir
cumstance that leads to this peculiar
state of affairs has escaped the atten-
ton, for the most part, not only OF
those connected with the legislative
branch of the various municipal govern
ments in the State but Of the represen-
tatives Of companies now making appll-
cation for franchises as well.
The new Constitution provides in re-
laton to franchises that cities shall re
ceive bids therefor publicly in such man
ner as may be provided by law, and shall
then act as may be required by law
no laws for the guidance of cities in
this matter exist a. this time, and 1t
is hardly probable that any will be on
the statute books before next winter.
The Legislature adjourns in few days
to meet in November, and 1t is likely
that it Will DE- January at the earliest
before laws on this subject Val have been
enacted. In the meanwhile it will be inn
possible in Virginia TO secure mum
cipal franchise OF any character
HAD ESCAPED ATTENTION.
This situation has escaped general at
tention. In Richmond several companies
are at this time asking Tor franchises.
The Richmond Telephone Company's
new franchise ordinance will come up
1aS, 11,>1itr
Council tomorrow evening. When seen
last night one of the most wide-awalse
members Of the committee said that the
peculiar position Of the committee in
the matter Of granting a franchise under
the new Constitution. and especially the
entire inability of the committee or the
Council to act until the Legislature passes
some law for their guidance, had es-
caped the attention of the committee.
The Citizens Rapid Transit Company
is also asking for franchise for line
in the western part of the city on Moore
and Lombardy Streets. The Passenger
and Power Company wants franchise
to run on Brook Avenue from Broad
Street to Bacon's Quarter Branch. These
and other similar measures are held up
for six months at least by the absence
of any law to guide the city in carrying
out the provisions OF the new Constitu-
tion OF course. the same situation eX-
the State.
CITES CANNOT ACT.
When seen last night president Turpin.
of the Board OF Aldermen, and President
Bloomberg, of the Common Council both
of them lawyers familiar with the new
Constitution, concurred in this view OF
the matter. They were both Of the opin-
lon clearly that, however desirable or ad-
yantageous the city under the new Con-
nn
the Legislature acts IN the matter
The serious and far-rsaching results OF
this situation can easily be seen az a
glance For six months or a year the
Passenger and Power Company will be
kept off Brook Avenue, and so from the
construction OF the proposed line on the
Brook Road to Lakeside and on to Ash
land For six months or a year longer
the Richmond Telephone Company will
be held down to its present rates for
service. while its rival. the Bell Com
pany, under its recently acquired tran
chise, will be in position to charge rates
that Will permit of a fair business profit.
In other cities there are doubtless many
similar instances.
LANGUAGE OF CONSTITUTION.
The exact language Of the Constitution
on this point which is found in Article S,
section l25. IL as follows:
Before granting any such franchises
or privilege for a term of years. except
for trunk railway. the municipality
shall first, after due advertisement, re-
ceiye bids therefor publicly. in such man
ner as may be required by law. and shall
then act as may be required by law
This being an entirely new matter IN
Virginia, there are at present no laws
providing for the manner in which such
advertisements shall be made, and no
provisions as to the manner in walch the
franchise after advertisement, shah be
sold.
1t is understood that the purpose OF
this section in the Constitution, the au-
thor OF which is Mr.. c. Y. Meredith. Is
twofold: TO secure compensation for the
municipality in return for the franchises
granted and to secure the utmost pub
iicity in all matters of this kind which
may be before the different municipal
tiles Of the State.
LAWS NECESSARY.
In order TO carry out the intent of this
section 1t will be necessary for the Leg
islature to provide the manner in which
the municipality shall advertise that fact
that such application for franchise Is
pending before Its Council. and the Leg
fslature must also provide the manner in
which the same shall be sold after due
advertisement
The Constitution provides that the city
receive bids therefofs publicly. But Il
Is understood that 1t does not necessarily
follow that the Legislature will provide
that such franchises will be sold to the
highest bidder.
Un,il the Legislature does pass the law
proridng for the proper manner OF ad-
yertis!ng and the sale Of such franchises
no municipality II the State has the
mower to grant the franchise giving right
to use the public streets and alleys TO
any stree; car gas, telephone and cleo
TIC light company.