The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-01-27
''1.HEGOULD1l|N||.E:
N0 \ T|'!0| !. 8 I. B 4
.Chartei Must be- Granted tos
Richmond ard Chesapeall{{,ee q I. s'
/ Bay Company ,.4sSt
oADs THE ISSUE \
Court Holds That 4 Statute Does ssss$5
Fto Eel EiSl3 \ P " cling
Pa1.t of Line. y q

4 a
- Il
IN tlIe ease 81 iWheelwr!EA and others y q.
,vs. tfc Comm II, mn appeal from ,t1 !,
ltho 5order8 Of the \ StntN CORPORATION Com ON
mission the opinion OF thu court " rltt-
Itcnkby Judge n. 1I.g Card well SSreve11 9
tho order md renlands the! ca use ~ the
coi,lns,on that lt.n1ay ssur the charter
applied for by the appel ant N LIS
case II should fbe stated that 7 10 appel
.lants applied form Charter for q railway
corporation, but thnt she rntnsslo y ~ az
Ing some doubt las to tic construction ST q
slatut,5 upon which the CHANTING \ OF the g
,cjiartcr hinged, 5S preferred hat the SUI
tp,reine Court Of Appeals pass upon the
,uasu locfOro 4it5 took tho res pOns Dill ~ "
Nrnnting Sat fe CHART 9 r. 1e Sro VArs q
the ctnnllssior WAS expected and ,ueslre "
.t,yiit,A the question being re rret1 70 lle
sNourtEa q mere prccau tror. w 81 81
3lftrlo cast Is one or peculla IN crest 70
,t,his fOr the reason thlt 1t nleu MS Inc
srantig charar to = corpofYa1 ti s'a
Chesapeake Bay Ra lroad, and nat IN az
possibility such line will lilo bull. without
llnneeessary. d elny. The proposed line ~
,cltyafto a point on the Rnp pahanro ek
iTivetT near N.nppnhannock,$i An 1Desex cOun-
.ty,sand CROSSING he 4! Rnppnha OK {, 70
have its terminus OF. tho ChcsapenKoI ia q: y
or9tlie county OF Lance 8.
ter, ana another line from r lch1nond. ito
a. point on tho Chesap eakc1 BA mn
the county .of Gloucester, N ct heWs VI Sior
both lines, 4 la set out that the route Us
to be from Richmond through the coun-
ties OF Hanoyersand Henric sto3As Inland.
,plication lor he reason \, I hat At might
possibly conflict with section ~ Of acha. p
tcrEl L the act con cernirg corporations
"nerceIiying no other ob5ectiiotlS Issuing
Construes Constitution.
The case hinges upon the co strlction,'
"a statutc enactment In pursuance thereof
which provides tina It mo railroad company
chartered under this act, Of. whose char :,
ter may be snmended der this act, shall
to the limo of the Richmond, F'rederi cks-
burg and otomnc Railroad u 81 & .9s !,
sf Judge 6CardWell, Sim his opinion, reached
arguments In$Itho ease. holds that ne
statue does not forbid the constrhc tion $of
q line that would .paral lel q part OF the
Richmond. Frede RI ksburg and Potomac
applies stoS'the paraiieflng ol tho line
that Sis to shy, lt he entire @line--.of said
railroad. It Is held ,thats5to apply such
q; construction as prohibiting the 5paral lel-
operate. to prevent tho construct lon & Of
any railway to q large portion OF q the
State not N w accessb bio by raj and trlb-
ut airy to ABaltlmorelt Is held That such
line or tho Richmond. Fredericksb urg
and Potomac within the meaning Q he
statute, Innd ut, Is further tstat ted as owls
the Richmond, 'Frederic ksburs and Poto-
mac; Il that tho officials Of hthe latter road
themselves offered y mo ction to the
charter, ~ N i & A = s3 81
Notable Exception 4.
Judge ca,tlwoll goes back to the orig.
llnal charter grant led % & the. ichmonds
T Sr and Potomac Railroad IL
therein reading thus \ F. oYided i. no viewer,
that othing hererl tained shall be
onstrllcd MS to- pre- vent the Leg lslatule,
ts ri s
ycitysof Richmond and Y the TO Wn 4 of Tap
pahnnnock, or Urbanna, B Or to- any inter-
between said city Of Rich ;
@S Tho opinion further ireyieWs Il the case
OF tho Richmond. Fred eri cksburg and Po-
5tomnc RnilroatlSVs. the Louisa (noW Chcs-
apeake and 0h,4S RailSoad c9m4pany
was called lin question as Simpairing tho
icontractural rights OF, the first named
road, tered INTO between Its original
ana te
Of Appeals OF Virginia took the opposite
view. denying tho Injunction sought by
the Richmond Ireder icksburg 8nnd T Pot 2 :.
mac Railroad to restrain. tho Louisa Rail-
road Company from extending its road
across plaintiffs line The, state courts
were sustained IN this view BY the United t's.
a The decision Of the court authorizing
the granting OF the charter. makes pos
sblc the contemplated construction by
Frank u Gould, Henry ". "A a, derson,
.WheelWrIght and hers of the Richmond
and Chesapeake Bay r irond. IN The char-.
tor5will 30 granted without. delay, and tho
corporators will proceed without, delay to
survey and lay out the line and prepare
for tho work OF actual construction. The
capital stock of the company, as stated
In tho original charter appli lon must
be Increased If the road is built, but this
can be done at any time. To name a
large sum rs apital stock before there
Is any need for the money would subject
the company to the payment OF the rail
way franchise and property taxes on that
sum, 4; II i.t {5, 4 n ,Asl III Il "a Nj