The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-02-18
Everything Is proper TINT is right,
and everything IL right that leads to
Justice and fair dcaling.-Cooper.
OBLIGATION OF coNrRAcT.

Speaker Byrd has reconsidered and
withdrawn his bill to club the Rich
mond, Fredericksburg and Potomac
Railroad, and in SO doing he has acted
wisely.
The Constitution of Virginia pro-
vidcs Ahat no law shall embrace more
ssthan one object. which shall be ex-
pressed in its title.
Speaker Byrd introduced a bill TO
require all railroad companies whose
charters require such companies to
I take up Or set down passengers to
fulfil the terms of such charter, and
10 prescribe penalties" This bill was
aimed especially at the Richmond.
fredericksburg and Potomac Railroad,
and its object was not. as expressed
in the title, to require that road TO
take up and set down passengers as
prescribed in its charter. If the COM
-pany should comply with this anti
quated rule. its fast train service
would be so impaired as to call forth
II protest from its patrons. Speaker
Byrd has publicly admitted that his
Bill was designed to affect the Fred
ericksburg road only; that its object
was not to compel the road to comply
with its charter requirements. but TO
discard its present charter, which ex-
empts it from taxation, and 10 take out
II new charter, under which it would
roads.
III is manifest said Mr. Byrd in {
recent interview, that the Richmond
fredericksburg and Potomac cannot dc
what its charter, granted seventy
five years ago. requires it to do; never.
etheless. IL insists upon It's tax exemp'
ton. Ny bill puts 1t squarely UP tc
The road: Comply with Your charter oil
pay taxes If this hill becomes a law
the Richmond fredericksburg and Pc
tomac will be obliged to surrender The
charter, &c to the Corporation Com
mission for new charter. and wheI
1t gets this new charter 1t Will hay,
TO pay taxes like every other road II
.the State. II the management OF thu
Richmond fredericksburg and Poto
mac is wise it viii do this without be
ing dubbed into it,"
Mr. Byrd further said that the Fred
ericksburg road could not be compelled
by direct enactment to give up IT
right of exemption from taxation, "a
the courts. have held that the right
and dytits granted or imposed by
charter constitute a contract, and {
State cannot enact law which woul'
impair the obligation of contract.
Therefore he proposed to destroy tn
states obligation of contract by in
direct action; or to employ his owl
phrase, to club the company into sur
rendering chartered privilege which
the State voluntarily granted.
1t is maxim of law that no on
can DO Indirectly what he cannot d.
directly. The purpose of the pro
posed plan of Speaker Byrd is avow
sdIy to accomplish by indirection wha
the State cannot do directly. Whethe
by direction or indirection, it Is in
consistent with the good faith of til
state-its most precious asset--to car
ry out Speaker Byrd's plan. Neithe
club, big stick nor subterfuge woul
be permissible. Virginia has had quit
enough of "forcble reimbursement,
and any act OF the Legislature whic
seeks TO impair the obligation OF
State contract will invariably d
more harm, both morally and mater
tally, than could possibly be comper
stated for by increased revenue thu
derived