The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-02-18

State Constitution became effective. act
Ing pursuant to powers conferred upon 1t
by It's charter, acquired Its one con-
tinlous right of way as in said charter
defined and authorized. from the city of
Richmond to It's terminus near the Poto-
mac river at or near Aqua creek, and
had butts its railway upon its said right
of way, which 1t had been operating for
more than half century, and had thus
exhausted Its power and franchise in that
regard.
The right OF way aud loactlon thus ac-
quired and occupied by said company
siderable distances along its line of road.
exceedingly Objectionable curvature and
exceedingly inconvenient and expensive
of operation, because of its OBJ
which could, to a very great eX
tent, be avoided by adopting a new line
for the road for II considerable number
of miles. upon a new different location
from that which the company had a right
to occupy,
TO change the location OF its road and
adopt u new line of railway and abandon
Its first location. leaving ugly scars a cross
the face of the country. would involve
a power, the exercise OF which might
be very prejudiclali particularly to those
whose lands. had been acquired, and thus
cut up for the purpose of securing rail-
road through Them: and neither by it's
charter nor by the general law of the
State could said company exercise any
such power until April 2, 1902, when the
act amending section 1853 of the Code.
was approved, and became effective.
Respondent therefore AYERS and charges
that the change of location made III the
line of Railway of the Richmond. Fred
ericksburg and Potomac Railroad Com.
pany, under the provisions Of the act OF
April 2, 1902, were made after the 10Th
day of July, 1909; that the greater and
by far the most important and radical
portion of said changes of location We're
in fact made after the 18th day of No
vember. 1902.
Surrendered Exemption"
Respondent further shows thas " tae
act in force December II, 1903. the hct
of April 2, 1902, above recited, was re
pealed, subject to the reservations set
forth in section two of said repeating act.
However,, the statute thus repealed was,
with notifications, which made Its pro-
visions, ii anything, more effective, was
re-enacted as section nineteen OF tue
.act concerning the exercise of the power
of eminent domain, approved January ls,
1901.
And respondent AYERS that the Rich
mond, Fredericksburg and Potomac Rail-
road Company has accepted and ayailedi
itself of, and benefited by, the provisions
of section 10 OF said act of January Is,
1904, and has accordingly, proceeding un-
der said last mentioned act, erected mn
terial and important changes In the locn-
ton and line of Its railroad since tie
18TH of January. 1904.
Wherefore, respondent says that tho
said Richmond. Fredericksburg and Po-
tomac Railroad Company accepted and
availed itself of the provisions of tho
said acts of April 2, 1902. and January Is
1904. and thereby effected an amendment
of it's charter after the 10th day OF July,
1902, in the Important particulars above
mentioned. and that thereupon and ever
since the nth day of November. 1902. or
the 10Th day of January, 1903, when. for
the first time, said company accepted and
awaited itself OF the provisions of said
act the said company must bic conclu-
sively presumed to have thereby Surren.
dered every exemption from TAXATION, ana
every non-repcaable feature OF It's
charter and OF the amendments thereof,
and also all exclusive rights or privileges
heretofore granted to 1t by the General
Assembly, and not enjoyed by other cor-
porations OF IL similar general characters;
and to have thereby agreed to thereafter
hold its charter aad franchises and all
amendments thereof under the provisions,
and subject ~to all the requirements,
of Vrginla, "nnd of any laws passed IN
pursuance thereof so far as the Same
may be apnllchble to such corporation.
Liable to All Taxes.
Respondent therefore Is advised and
charges that the Richmoid Fredericks-
burg and Potomac Railroad COMPANY is
of November 1909, not only liable to the
franchise tax imposed by the laws or
Virginia upon all railways and transpor-
3tation companies, but is liable 10 tax
alton upon It's property In Ike manner
and to the same extent as the dtlier rail-
road corporations of the Commonwealth y
In word. the Acknowledgement atA''-