The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-04-01
wDDNBsnA Az. APRIL A, ri, !, 1907; 1903.
THE CONSUMPTION ON ON RAIL AL.
POAD$ CHARTERS.

f& Section l66 OF the ftSOnstltue'o't' 80 -
Heals with railroads, when read IN t ne
light OF the debates which preceded led y It's
adoption appears to have q very ai1 rere e
snotiye and object from those that woulo
"a gathered upon reading the chapter
! on railroads in House bill lo2. It was vas
obviously the intention Of the maj
Of the Committee on Corporations 70 %
~, = AXE railroad building as free as posi-
BILE IN Virginia, and 1t was stated In the the
debate that in the opinion Of the ma
| ,ority Of the committee, which opinion 'tI1'
was afterwards adopted BY the Wh 1'1e,
convention, It was for the good Of V '1n'
grin,a t. offer every inducement and nd, to
remove every impeachment that w 'c'1l
prevent capitalists from building rail- raj
roads whenever and wherever they chose
"a the agreement that followed this tn pro no
plosal Mr.. Thorn contended that It was 9'e
Nvery unwise for the Constitutional Con-
Syention to adopt the right TO parallel
railroads as on Fundamental principle, az ana
~ say that there would never come a
time in the history Of Virginia when TINS
bsprlnciple would not be In interest OF the the
tpeople, Continuing his argument, MT.
5Thom said that in. England and Europe,
/ x the result OF long experience, the prii l'
aipla had been adopted which required II
to be shown to the proper tribunal l1rtl that
the railroads then in existence were not
able to properly serve the public before Q
the N right to build another palr are y Q
bra competing line would be granted. This n
sooint was fully and powerfully elabo-
rated BY Mr., Thorn, and yet the e oonven-
Mon adopted the CORPORATION report IN TINS tn
respect as offered by Mr., Braxton IN - Inc !
following language
Il5i.,rhe exclusive right to build or operate
Il ,,roaf ID parallelSto It's own or any other
line Of railroad, shall not be g granted nj; 20
any company; but every railroad com
s pa nv shall have the right, suD1ec g; 70
such reasonable regulations as may pc
prescribed by law. to parallel, intersect,
connect with or cross, with Its roadway,
5aany other railroad or railroads; but no
railroad company shall build or operate
any lire or railroad not specified IN IFS
charter. or in some amendment thereof
In arguing for this adoption Mr.. Brax-
ton said that Virginia to-day offered q
yuery different field for railroad operations
from England : that England was Old,
developed and settled, while Virsinia's
last growing agricultural and mineral re- e.
'iaources, despite our recent advances,
were by no means developed, and thatiit
VAS undoubtedly for the best interest Of
the public to allow capitalists to con con
s;truct new railroads to new lumber and and
.oal territory at will, without regard to
lhe wishes Of those railroads which
fought to keep that territory tributary.
I'll will be noticed that section 16o has
The follawing language: But no railroad
3company.shall build or operate any line
Z Sc railroad not specified in It's charter
y some az, e1idment thereof" These
words we're adopted also after exhaustive
lebate in which It was sought to strike
Ahese words out. Mr.. Robertson, who Of
the motion to strike out the above
words. argued that the object OF this pro-
Vision was tos".tie the hands OF the Leg
hslature by providing that whenever
)snrnnany is organized hereafter whose
a,btect 1t Is to parallel any OF the lines
III railroads we have in tho state the
Legislature, or whoever grants these
eharters, will be absolutely prevented
from refusing to grant charter OF that
kind." It was also argued by Mr.. Thorn
that to require railroad to build only
between such points as were specified IN
its charter was tartamount TO requiring
2 railroad to be omnisclent In the matter
OF foreseeing all Of its possible needs Tor
branch lines and to that extent 1t was
restricting the right OF future railroad
companies in Virginia to build, branch,
lines In ways not required OF existing
railroads. TO this end Mr.. Thorn sought
III have the section made so as to read:,
"But no such company shall build or OPP
crate any main line not specified In Its
charter" Upon arguing 1t, however, the
convention voted down the amendment.
and adopted the motion as originally Of
fered. 1t was said by Mr.. Braxton during
his argument that 'all the railroad has
TO do when 1t gets It's charter, II It has
in mind any branch lines. Is to specify
them ad infinltum. and II 1t does not have
them In mind. whenever It does want to
build branch linz It can obtain an
amendment thereof to build such line
without the expenditure OF more than two
hours time, without the slightest danger
OF impossibility IN getting It, at a cost
OF possibly IS; and that Is done IN order
that the State can keep record OF where
the lines are that are to be built. SO that
you cannot charter road to run from
Bristol to Abingdon. and undertake under
that to build road on the Peninsula,
pr In the eastern part OF the State"
We think In ricw OF these debates, and
OF the final course pursued by the con-
s'ention. 1t is mt without interest to OBJ.
gerye that y ,'npter on railroads In
.zubsection II IA rasraph p. OF House
bill 1o2 docs moi grant the right 10 any
parsons to build a railroad as a natural
riSht ppoa complying with the charter