The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-08-06

basin has been filled UP by tho raj road /.
And there has been no servi ceable and
ut Columbia as formerly existed. 81 It irayi
be that, because of the tiiscontihuhnce
OF the cntal, It became tinhe ssafy to
keep TIP my canal terhninal. But 1t is
cause and which was the effect. hide.
upon the word dlseontinuance. the cyl
3uonce tends s trongly to show that tho
rea f Or or servceaS s eondi t
& 81. "a great deal OF ties timory was taxi
on both sides us to the location Of the
point described II the statute as tho
R 5ss 2sks fsays st Ahn as e. he
ties insist that there are looks Just Top.
posite to 8 tillinan's Mills. which. have
been known a nd d should II properly Il, pc
and ad9 that s tie is locks locks at earys Brook,
point three or four miles higher 1,p the
river. are the locks referred to n me ne
statutcAns the first locks above stiiln,aa ~
the h ther ral hn,sd tat athoagh
locks at Stillman's Mills may be IN q
general sealse opposite the. mills. yet the
greater portion Of the works constitu TING I'll
the l9ees ppsstF, n iayana and UNI
Statute HAD reference to these locks
The prepohderance OF the testimony
fnvors the construction put upon =, the l an
l.
)dence also establishes the following facts f.
|E|SIJnder two acts approved, 1espec tlvely,
on March 23, 1885, and March u, lS4y.
the james River and knnawha l., Coinpany ~
lIiiidertook to construct what Is I'm Town As
| the Rivannn connection, 80 as to connect
| the tn, navigation, of tho Rivanna River with
Hts canal. For this purpose O canal proper
dug and constructed from m ceivm1ia
Canal Can al about i've miles from Columbia;
AT stilna11's Mills, the James River ana
Knnawila Company nstructed Il Q dnn
ACROSS the Rivai1ila LRiver when raised Is q
flooding tho bnnkstof the river on each e
side and causing a pond or basin IN the
river extending back to the locks 4 ct q
Cary.s Brook. The 8co 81 d-of ms
higher than formerly X caused a perma'-
ers on each lde Of the river. IN order
to provide for this the James River an and
nation proce edings. paid damages to the
property owners along the river be tween
Stllman's Mills and Cary's Brook for the
property covered BY this renuent .W .a,.s
q point called vood' 8 Island, some 26o
yards IN length !, and about ode and one
half miles above sttlln1an,s NILS inc
land for this purpose neinE seW'gs .Tyt
vanna Navigat lion Company which ha q
been, prior to Ill $50, n for many years IN
existence as an. internal i'npro 6, en-,
e9npany Hp9ra ting IL on o,ar H provde
for slack water nayigation condemn an T,
nay for the towpath down to st illman's
Mills It seems TO the commission tn M
R riv River ton with he James
River and 8I<anawha Canal comm ncedE
at the upper end Of the basin :, I, ere tea
by the erection Of the dam at St1llnla
Mills IA It Is presumed that the ,Legis-5
lature was acquainted with all Of these
facts, and the Language lin the statute
was advisedly used with reference to
these facts. A fsit was intended that the
Of St tho waterway connecting at stillman's
Minis, we cannot understand why It was
not SO expressed 81 y terms The iact +:
irecited, which are great elaborated IN II,
t the IS ex 1x the f1rSt locks above
Stillma1i Nrills,t Isl referring - to- the
locks which were ut the upper end 81
,the pond or basin created by the dam az q,
fStillman'sE Mills. X Fl
Plain Languag 81 Statute.
1t is to be noted also that the branch
I'll ,ne Was lsli not to be substituted forthe
s strnctlon Of the main 7lineSof the road
The language s that n the I, eyens,u,9 49,
COMPANY, cTn1 n, should build a branch 81 their
road n B along III the line Of n said Rivanna
River from Columbia to tn locks atore
said tos the gcom miss %, ,.ha as
at the time tho act was passed and the
Circumstances existing at that time, the
language In question here should be CON
strued to mean that the ra1uoad coli nang
the sRfyannaS River from Columbia to the
locks at Carys Brook, which are the
locks at the upper end OF the basin ere
ated by the James aVer ai% ns1 above
Stillnnan's Mills. The parties interested
ln'the statute and the parties to the sub d
sequent conveyance Of The canal properly y
we're TIC STATE Of ~ yrE1nlai ne aesa!n ~
merce, tho James River and I. & KanaWha
Company, as a corporation, and the Rich
mond and Allegheny Railroad Company
The Language OF the statute ~ - NM ia
commission is OF opinion that the con-
struction now placed upon 1T IS FAR: and
reasonable, and Is the proper IN terpre-
ttation. GfS 4ga. tl{ VIII tiaat r
Final Conclusion.
R Tho commission Is OF opinion that the
navigation. existing ut the time the. stat,
| ute was passed from Columbia to Carys
| Brook locks, the first locks above Sti!l-
MANS Mills, has been discontinued ior
tract growing out of the net Of Frebru-
nry. 1870, and the conveyance to 1.-The
Richmond and Allegheny Railroad Com
many in onsequence thereof, the def end
mt mt railroad company in this proceeding
should be ordered to build branch line
| Of its railroad along the line Of the ~ =
wanna River from Columbia to Carys
Brook locks The points mentioned al
| plainly appear from the testimony ana
| from the maps filed in evldet.ce. Isl ft NJ
SHOOTING ARRAY.
l n
| Y. - ltis!ll II n, L1..hT7s~,-o~ = :