The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-08-06
ELECTROMAGNETIC
The: n. Iv ( Ma.
chesapeake and Ollio Forced to
Build Branch Litle,I & Didn't 4
Is 4, Want.
STRICT LETTER I. OF THE E. 1! law L-y1.'.I
Difference Between the a w 't or.ds
n Abandon and NaDiscoi1;-8
, ~. tinued.'' fS

Abandon and S"Discoi1-3
ssl tilued.
ass{s a case known as 1.-THE Board Of Super
5yisors OF Fluvnnna county VS.. TIL Chesu.
s peaka ana Ohio Hallway has been be fore
Slti,e Stdt,. Corporation Commission Ioi. Q
q S sa1i,b1 III or more. # lie commission has
I'll reach. ii 4 decision IN the scnse, and bS
n that decision the Cha s,toaaxe ana ono
/; Railway is required to build q a brancf
Zine OF its road on the ,RichmNnd sno
3sss Allegheny division along the line OF lug
II Rivanna River, from Col1imbia to cary
IL Brook locks, IN Tluvanna county.
sSS rho history or the case is fully set fortt
il IN tile final decision Of tho commission
Il ana the history us thus given, Is 50 lnter-
woven with Virginia S tnte history as Z!
{ make Il Intensely interesting. especially
n to the older citizens. # e 5si u @ IL I.
The CORPORATE ION Commission seems g 8,
have fully, appreciated this fact. lllo 9
therefore made an apology tot gon e tho
detail as to the historical features o. t ~
II case, and The Times ID dispatch 4, for L y!
reasons. makes no apology for 4 giving
U the commissions report IN #full 5-,8
1t is as fol lows: & (.
Facts in the Case.
In the fourth section OF the act. a ,La
proved February % ls79, Whoreipy -n a,,e
ames Rivera nd 1knnuwha, Cam. ~
authorized to seil rl an wa nnd Al
4 .eghany Railroad COMPANY ~ Is,, - i,
sEvided Eff the canal from ColnmDl !, III, M
luXanna cenny,to t ne npS sva lona River,
sS3shiiii'the discontinued at any time. SAID
railroad company shall within nlinets
III days after said discontlnnnnc p Ii,ln i
branch of their road along the me ne ~ :,
IL said T2ivanna River from ColumDln 70 ti'e
u locks d foresaid, The issue presented N N
this proceeding is whether the CANAL nnc 10
s$thnt reason tho railroad company IS W. n,
der obligation to build the sald i,,a gran ma
de fendant company, the Chesapeake anu any,
Ohio Railway Company, 4 IS snoS :,
Succeeded t. the above obligaton reTI1hg
the Rtchm9nd and Ale THIS THIS issue
i i,ava been Very fully presented to the
sconmission and a great deal Of test,l n,9a
taken some Of which Is no t aoI he neces
i sarIly passed upon are ~ What IS. W., WI
lin the true meaning OF the act a. qlsG41t
tlnuanco q he cana; and g whhhe p3n st
ai %ek m abovo n Sytl Ins 'E Mils2
\ IS to Disc ontinuance
KIT we will consider briefly first what
StEe Legislature meant by. the use OF ne
word discontinue. In order TO reach |, I, q
fair conclusion as to the meanIng o. st ~
statute and the language Of the &. entll =
act should be considered, The stare 10. ,,5L
Virginia gave most literally to the WORKS KS
8ofa: int ernal Improvement undertaken ny
n ile James River and I<anawhaB company,
and the end the state, through SUI s...,
scriptons to the stoclsSof the comp pa, J,
V and payment therefor, became the Owner
u of anna orityg Of the hlssors ~
Sthe1James River and ISanawha Compia a ny
and It's toll canal is q part Of the y ms ms,
might make legal transfer OF ts e NJ !,
works and canal property to ne +! ECU O.,
irlond and Alleghany Railroad S q y
8 be au,horized by law. The act Of Feb
y iaIary 9th, 1879, was passed for that pur-
Section a Of cts commef.Ges
Il naerce, as contemplated BY this act the
n Richmond nnd Allegheny RI ilrond CON-
sal ete as gen asa Pppose IN
section and section OF the act ~ !, y
manifest that 1t was authorized TO apan
don the canal as line Of eol1erce aiu
property Of the canal company q Ara "a.
to take the place of the canal Itself, as
line Of commerce This idea Is PRONE ns th6
/. act, in which, the sentence under under con con.
Sheraton In this proceeding occurs, p tad
forfeiture ,he ,ha rairoat
a ii.
81 shall be constructed In sections 81 twents,,
Il five miles each. No other subject Is deal :.
with in that section, except cons.ruc .,lt -
the easa n2n asssnss e Y
& section aeS TIC liz laa guage Of that sentenr,ce
must be construed With reference TO ,,a
h Il. lin relation to the building Of TIC
railroad. Its interpretatlon should r, bt
considered in the light Of this fact: IN
tive duty upon the railroad company. y
555i Is unnecessary TO consider .whet her any
d lftirinatlve duty is to be implied from
a a':s p PROV ding for an mmedate eonatruc;
az ton Of a railroad the Language used j
$ hat the canal is 10 be abandoned ana {
y railroad Is to be substituted for the canal
Section i speaks OF the abandonment q
the canal contemplated by the 9th section
The Ply section has re reference ~ % :, I "a
substitution OF railroad q, me ca Lee
ton Is states: 1.-THE said Richmond nnt
Allegheny Railroad Company shall. q q:
fastfa they abandon the said canul, , eiu
3E3lIsed anywhere in this act, except ~ "
said sentence in the Ath section. Il ~ 81
Y Legislature meant tnat pranch 81 ", !iit
* Of the Rivanna River, II the railront
# company should abandon the canal IN f'u
Al wanna county, u would nave said 80, Q,
that Language IS USED III otHer poTlioi's "
the act.
Words and Words.
1t is reasonable. therefore, that thu
word discontinue. which occurs only IL
the fourth section, should be given
meaning different from the word abnn
don. Abandon in Its, general sense. ant
in AZ Used in the act, has reference TO al
act 81 one In possession. Discontinue. OF
s. the other hand, does not necessarily i'm
gsipIyBan act by one III possession. And nj
words are used ' II THIS s'a sr n nn
1lIat they are used with different mean
ipg the proper tn'erPrea1a.i9n dis99n
II ar noIuscri by those not In possession
This applies particularly qnder ths ei,
scuinstances here because the Leglsiatur
8 is gpeaHing OF u waterway, when ha'
1herntofute been used by the public whit
II III was; in The possession OF and kept UP b.
Il an Internal Improvement company, !
Ia see,,.s to us9 that the natural tnterprela
u ffaI, 81 the language Is that the ralroaI
company should s9n ssl ,or ne al line as n
A along tho James River, and they shout
also construct This branch line W n
lie railroad the branch canal whic
4 fer1e,l ths people of the section which
t,sr\