The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-10-18
|WEEMSi.. COMPANY
LOSES IN COURT { J ] [
Judgc SWaddill Denies Injunction
iii Steamboat
ig1 Case.
REND ERs LENGTHY OPINION I;
Declares Wl,arfs Along Kappa
hammock River Not Pri-
vate Property.

! In the United states Circuit Court yes
| terdny, Judge Wnddill handed down all
| opinion III il very Important cnso nffect-
ling tho rights or tho public TO the use OF
the whurves In tho navlgublc rivers OF Inc
state, and especially In RhppulanilocK
River; on which there nrc some thirteen
owned ana lonsed by the Wccms Stonni-
bout Company, known us Carriers $. Nay
lor's, Wares, BoWler's. Monlskon, W eal-
toms, Water View, Port Royal, Lecus-
town, Wellford's, Shnrp's, Tappuhanhock,
and l3nyport wharVes 5fs
three years ago, tho steamer Tourist
was placed upon tho Rupplhunnocks
River. in competition with the boats IL y, u
Tourist used the wharvcs referred to-,
until tho Wcems Steamboat Company.
brought suit to restrain 1t from 50 doing.
The Wcens Steamboat CompnnyGls 9
operates a line of steamers from Bait
more to Fredericksburg, Va, said route
being from Baltimore down chesapeake
Bay TO the mouth Of the Rappahan,inoo,k
erickshurg. The dispute between the
1vecms Steamboat Company and the PEG.
pies Steamboat Company (who owned
tn, Tourlst) Is whether said w ial y, are
Steamboat Company, contcnding that
they arc, private wharvcs. The Peoples
Steamboat Company denied this, and IN
sisted 1t had the right to land its boats
at the wharves.
Must Pay Wharfage.
that, though the wharves are tho in
dvidual property Of the several owners,
It by no means follows thnt they are
private quoad the public; that Is, either
In II issitY ,t,nt
to reach the means Of transportation upon
and over said river, or owners of such
methods Of transportation plying the va
tiers OF the river; the obligation upon.
each one being to render and pay to tho
wharf-owner reasonable WARFARE and
charges for the use Of his property, under
such proper and reasonable regulations
as might be imposed either by law. or
by the owner OF the property. lie further
states that whnrves belong to a class
OF property In which the public is con-
SSe as ana ID as to which the government
tween Its citizens, to regulate and con-
The English Law.
This has prevailed In England from
time immemorial and in this country
r. from m, Its ! earliest coonizatlon: that is
authority to regulate ferries common car
riers hackmen, bakers, millers, wharfing
ers, innkcepers, etc. And hence this class
of property, when used by the public. be-
comes affected with a public interest, and
it ceases to be a Private light only. This
was said BY Lord Chief Justice Hale more
| than 200 years ago. and has been accepted
| without objection as an essential element
! In the law Of property ever since. 4 Prop
erty does become clothed with a public
| Interest when used In a manner to make
| It'll of public consequence, and affect the
| community at large. III
.s For the Common Good.
When. therefore. one devotes his prop
erty to a use in which the public has
| an interest, he in effect grants to the
! public an interest in that use, and must
submit to be governed by the puplic Ioa
| the common good, to the extent OF the
| interest he has thus created. me ques,
| ton of what Is technically public and
I what private wharf, may DC mater "
some doubt; but there should be no Sc: So,
rlous question In ms n ar eas on - The SUI
Wan, Court OF the United States IN Dute
tan and Others vs. Strong ana otnels; ~
| II, s.. 81 had under conslderu lion va nd
precise question. as 70 Wue ere p mi yate or
ing p PIC n,hlic wharves although the
t,o,,nrtv in such wharyes reiil,tli ~, "a -,
tbo Individual owner, and IN apr ,'l, rs TIE
said whether they are " c sma Of dispute
other may a;Ss.ra Iop Considerations; involving
upon snesl for which, they were pun,
t the use uses to which they, o naxsd and the
| In Mace +.
piled; the p nhn m ctcr Of the structure.
nature nc Not Private Wiarts. !,
~, on tho Rappahannn,oocaks
The VINE moi the landing places 81 hare
rive, ,"a q steamers IN e cry =, ,er IN the
OF y , ,.as along the banks q ttaarrm,nnl Of
coum,ti s1o,ntv roads; and hence ing nin ~
public cou', ,,sans. whereby the peop1o -
and on! Iy,,un,tv can reach the river ~ n,,I q
lle tha mediums Of commerce ia II hniif
us use ~, ,iw.r These wharyes were ~ tar,the
thot they might be SO useu and 1'' thcv have
.,.a61 That was in the use; ana my tham
! beer COW - he owners, because or inc
yle,u,ins, non and over them by the p .1a'
traVel , nro return; and SO long as thcy
nc, !. I've Used as between the publiG anu AZ
tI,e,ri owners they are puplc as a's BIZ
eemished from private Yharyes, not 1 u uo,
| ffhn fact that the coInplaihtit uoG IL IL ,ts
c chu wharfage by that name ~ ~
en- trranssa a with its patrons, chanse
nc Character of the wharvesi SINCE tn Ky
,nl,c;,t 'scd md maintained them Tor me
.,,tiic rIncrally, paying passage and
fraight money. which includes "harIhGe;
IVA thcy cannot thereby, gWhelher ac.u,tl
wha rfngc Is charged or NOT olscrlln. ,i.at
! MS betwecn the public seeking ~ "a or "p n,s
and over the wharf, or public carriet =
n h,,uL 10 lawfully blythe waters OF SAID
~ Is a Public Carrier.
rhc Woems Steamboat Company ID |.
nubiIc carrier, using pub!'c m,i'e mr not
ppnGit cannot by the mere thct ~ ~ ~
Nm Wharfage at a wharf used se, "
nrnllY by the public, secure TIE ~, !, :" =,
,rnucnt any part Of the public IRON, usi.s
/ ~ ,.har ri UPON equal terms WIN otncas'
And least OF all can they cut 0ll y, ep,.'-