The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1910-07-14
HINDER RICHMOND
& HENMC0 ROAD
Lawyers Claim That Action Is In
huenced by Interests in Conflict
With the New Enterprise.
E Law Changed by Last
Legislature.
RICHMOND. YA-Snecial-I

X &C IA M D y ID, Vas ecial-
Opposing property owners on the
route of the Marshall Street viaduct
may today succeed in interposing
what may prove stumbling block OF
serious proportions, and one which
might tend TO seriously interrupt the
WorK now being pushed so zealously
Oy the promoters OF the Richmond
and Henrico Railway, when, at 4
O'Clock this afternoon, A w Patter-
SON. attorney for the complainants.
will appear before Judge John H. In
gram, in. the Law and Equity Court,
and ask that the railway be enjoined
from further prosecution of the con-
str1ction Of the structure which is to
span Marshall Street until the said
property owners are compensated be-
1Orehand for any damage that might
accrue TO property owned by them on
the route of the Superstructure.
The contemplated proceedings are
the outcome of similar negotiations
opened three years ago, before any
actual work had been done on the
properties of the Richmond and Hen
rico Railway, but which were subse-
quently dropped when, as a lawyer
interested said this morning, the pro-
motors ran out of the wherewithal"
and the work was discontinued.
IL is understood, and this informa-
ton WAS NOuchsafed by representa-
tive OF the railway, that there are but
ested property owners who are de-
sirous of seeing the railway enjoined
from further work.
In the opinion OF this same official,
these two arbitrary opponents are in
f1uenced by interests in conflict with
the new enterprise.
John G. Hagan. secretary and treas
urer of the corporation, when seen by
Journal reporter this morning, said:
Il am firmly convinced that this
latest move to thwart the ends of the
Richmond and Henrico Railway are
prompted by malicious motives. In
stead of just and reasonable prosecu-
ton the affair has assumed an aspect
of decided persecution.
Particularly am 1 so convinced in
view of the fact that the Richmond
and Henrico Railway sometime ago,
in fact, before active operations on the
properties of the company, was be-
gun, filed a bond of $4,000 with
the Virginia Trust Company, insuring
property owners whose property
might be damaged by the work
against just such a contingency"
Continuing. he said:
The majority of the property own
ers. through their respective legal rep
resentatives, expressed themselves as
satisfied to wait until the work is com
pleted and the extent of damage that
might be inflicted definitely ascertain
ed Among these latter are property
owners who own considerably more
property than is owned by those who
are parties to the application for an
injunction"
Mr.. Hagan expressed himself as Of
the opinion that this latest develop
ment might retard operations for pos
sfbly several days. while the matter IS
pending in the courts. but he did not
look for any prolonged delay.
Mr.. Hagan regretted eXceedingly
the action of the disgruntled property
owners, especially in view of the diff
ficulties under which the company has
been laboring and it's expressed de-
termination to push the work to a
speedy completion.
Gu. The other hand. A. w. Patter-
son. legal representative Of the oppo-
sldon, is not inclined to be quite SO
charitable. According to Mr.. Patter-
son. the Richmond and Henrico Rail-
way has not only trified with the
but the corporation has totally ignored
the law and its requisites.
Quoting from the Constitution of the
State of Virginia now obtaining the
attorney said, In substance, that n cor
poration of the nature of the Rich
mond and Henrico Railway shall not
take nor damage property without first
Justly 'c9mpensating the property VS.
Under the old Constitution. this
taken" same having been later amend
ed 20 read taken or damaged"
THUS IL will be seen," the attorney
continued, that had the provision OF
the old Constitution continued, the
Richmond and Henrico Railway might
erect its viaduct. to the detriment of
abuttinS property, without necessarily
taking II, in the literal Interpretation
or the word, and without molestation."
Work on the Marshall Street via
duct commenced several years ago, but
after much litigation, was discontin-
ued, to be revived and then again dis
continued.
1t has been realized from the very
outset that the completion of what
would prove a connecting link between
the business center of the retail dis
trict and the aEst End would rebound
greatly to the advantage of both sec
tons OF the city, and be especially adj
vantageous to Church Hill.
Hence, the commencing of the work
has been awaited with eager interest
by residents of the East End. So nu-
merous have been the dealys, however
estedly favored the project feared that
the work, although commenced, would
never be finished.
The cement bases, which are to
form the foundation for the heavy
steel UprightS and which dot Marshall
Street from Twenty-first to Twelfth
Streets, were placed several years ago,
and had lain in complete disuse until
actual work on the steel construction
OF the structure was commenced sew
eral weeks ago.
Once the work of erecting the steel
vfaduct was under way, however.
great and, one might almost say, phe-
nomenal, progress has been made.
Although under way less than five
weeks, the spans of the colossus steel
structure extend a distance of almost
three squares. At the rate the work
is progressing the viaduct should be
ready for use within the prescribed
time.
Pending the disposition of the ap-
plication for injunction the city at
large will await with interest ensuing
developments.
920 RO0 C0RPOR ATT0N