The Richmond Virginian. (Richmond, Va.) 1910-1920, 1910-12-06
ARGUMENT HEARD
IN WHARF CASE
Corporation Commission Be-
gins Hearing on Proposed
Closing of City Dock
ITS JURISDICTION Is
CHALLENGED AT ONCE
Counsel For Owners of AbuttS
ing Property Says Judges
Have No Right to
Hear Case

/. fti&si Gel AGAsus EAhdhS
ment of private right.
This WAS the final summing up OF
the petition of the Trigg Company
bondholders. committee to close the
city wharf at the foot Of Seventeenth
street by Judge Beverly T. Crump
before the Corporation Commission
Tuesday.
Judge Crnmp, who WAS forme rly
chairman OF the Corporation Commits
sion. represented the owners of prop
eriy adjoining and abutting the wharf
and canal
lie VAS the first speaker at the
public hearing. and declared at the
outset that the Corporation Commits
ston had NO authority TO grant what
MAS asked In the petition because
that power WAS vested solely in the
Legislature and could not be dele
gated.
Power to Delegate.
Speaker Byrd, who with Attorney
Eppa hinton. represents the bond
holders committee, replied to Judge
Gramps argument. Mr.. Byrd CON-
tended that the Legislature did have
the right To delegate authority to
the Corporation Com nm ission. and add
ed that as the contract To keep the
wharf and canal open was drawn
between the State and the successive
owners Of the property, none other
than one Of those parties had any
thing To do with the carrying out or
aeregatfon 81 the contract,
The Jurisdiction of the commission
viii be determined TUESDAY. Taking
of testimony viii not be taken before
WedHeaslas
The hearing attracted probably 2"
persons. most Of them lawyers and
business men.
Judge George Christian appeared TO
represent the Chamber OF Commerce.
which II resisting the closing OF the
dock heeause II woufd he dctrimc ntal
10 tho shippers best interests. city
Attorney Pollard was present 10 re-
present tn. municipalities interest.
and Attorney H. q. w1ckham. general
counsel for the Chesapeake and Ohio
railroad was there to look after his
eomeany's interests should they be-
come involved.
The petition III the Corporation
Commission for the right to closs the
deck Was made by the boudiloiderx
committee after the last Legislature
had passed a bill providing that upon
application to the Corporation Com
mission any dock or wharf may be
relieved of public use or easement.
Judge Crnmp devoted the ma jor
portion Of his time to discussing Ar
dele ? OF the new Constitution of
the State. in which the Corporation
Commission was created. He con-
tended that the powers OF the com
mission were limited to public vista
tlcn. regulation and control, and that
in such cases as the dock hearing IL
had no authority. Quoting from sec
items is6-C and 1851. Judge crump
declared that If the commission was
10 have any additional authority. II
must receive Il from the legislature
after recommending to the governor
that its authority be enlarged.
He also argued the differences he
tween docks and wharfs, pointing out
the lissimilarty In the meaning OF the
Two words ana emergency in the uses
of the commodities Judge Crump
insisted that the act of the last leg
isiature was invalid, that nothing
short of the passage Of a bill by the
General Assembly could Relieve the
situation. and that the Constitution
clearly defined and limited the pow
ers of the commission.
Not Gernlane.
In cone fusion, he declared the fact
that the city intended erecting
wharves did not give the Trigg bond
holders committee the right To- close
the safe dock and that the dock must
according To the terms of the con-
tract of 1901. be kept open forever.
Replying, Speaker Byrd declared
with regard to the powers OF the COM
mission: The landmark must be bold.
this signhoard clear. definite and plain.
The liulifs IT authority Of the commits
sion must he nominated in the bond.
written IN the book. aud not he buried
tconiinued on Eighth paGe.)