The Richmond Virginian. (Richmond, Va.) 1910-1920, 1910-09-10
LAWYERS DEMAND
COMPANY's BOOKS
Protest Before State Corpora
ton Commission Against
Closing Old Decks
INSIST ACTION WOULD
BE UNCONSTITUTIONAL
Chamber of Commerce and Mer-
chants Also Join in Fight
Mayor Richardson Signs
City's Petition.

Declaring that the state Corpora
ton Commission had been petitioned
to take an unconstitutional action and
demanding that the books kept by the
bondhoiders' committee of the Trigg
Shipyard Company he called for in
order that certain allegations may be
proved. number OF attorneys repre-
senting the city of Richmond. the
Chamber OF Commerce and an orgaui-
cation of prominent merchants APP
peared before the commission Satur-
day morning to protest against the
closing OF the city docks.
In behalf OF the city attorney, Hen
ry A. Pollard presented an answer
to the plea of the bondholders' COM
mittee. The answer was signed by
himself and Mayor Richardson.
The Chamber or Commerce was
represented by Judge George l.. Chris
tan. who appeared for the firm OF
Christian. Gordon and Christian, the
attorneys retained bS the chamber to
keep the docks open.
Judge b. r. Crump represented the
merchants. many of whom are the
largest and most influential in the
commercial life OF the city. and all Of
whom protested against closing the
docks, claiming that the city would be
done unreparable damage by such ac-
ton.
The answers filed by the several at
torneys were in reply to the petition
submitted some time ago by Speaker
/ Richard Il. Byrd, representing the
bondholders' committee of the COM
pany owning the docks. The petition
requested the commission to close tine
ri ne M
of the legislature, which. Mr.. Byrd
claims, permits the commission to
close the property as a public service
1 factor at the request of the owners.
| Is Unconstitutional.
II is argued, however, by the at
/ torneys representing the city the
! Chamber OF Commerce and the mer-
chants and shippers of Richmond.
that the legislative act ia unconstitu-
i tional, insomuch as il vests the COM
mission with power in an illegal man
ner. the authority and duties being
/ fixed by the constitution, and conse-
/ altered only by constitutional amend
! ment.
They maintain that the dock is me-
/ cessary to the commercial life and
progress of the city. 1t is the only
/ one on the river front, and should it
| be closed, they declare that water
transportation to Richmond would
not only be practically or In large
measure paralysed, but the prices on
many commodities used by local mer-
| chants and citizens at large would he
| decidedly increased.
! Water transportation in competi-
| ton with railways establishes a dit
| ferential rate. which Is worth thou
sands OF dollars to the shipper, ii is
shown, this rate tending to keep down
the railway rate. thus making bust
ness more profitable to the shipper
and merchandise cheaper to the con-
| sumner.
| The bondholders' committee gives
| the earnings Of the docks for 1908 as
i,051.b7. This the attorneys dispute,
and to support their contention file a
statistical statement compiled by
/ Captain John A. Gusts, city harbor-
| master.
This paper sets forth in detail the
operations Of the dock for the twelve
| months OF 1903 and sets the earnings
at nearly three times the sum return
ed by the committee, the estimate of
the harhormaster being 1s,ess.4s.
The attorneys therefore ask that the
committee be made to produce its
books. in order that an accountant
can work out the earnings for the
commission.
Improved by City.
Along with the answer filed by At
torney Pollard. copies of resolutions
letters and ordinances are submitted
showing what the city has done from
time to time for the ESTABLISHING nj
and maintenance of improvements
from which the dock has immensely
profted.
The various appropriations are sci
| forth, and 1t Is shown how the man
agement Of the dock was able to take
advantage of facilities provided by
such expenditures and to su bsta ntia II,
increase the annual revenue OF the en-
terprise.
1t is pointed ont by the Chamber OF
Commerce that the city will have
slight opportunity Of getting funds
from the national appropriation des-
tined for river and harbor improve.
ment II its only business outlet open
to the public along the water from.
be closed.
Finally it 10 argued that after hear
ing every side Of the case the com.
mission. II 1t decides the Legislative
act In question In accord with the
state constitution. viii not even ther
be compelled to net az the dock in.
forests petition. as the statute gives
the commission full discretion ant
does not require Its action one way OIL
the other.
Regardless of the decision, 1t Ii
agreed by every one that the case, nc
matter how she commission decides
must go to the Supreme Court to nnal
settlement. The dock people declare
that they have Thousands at stake and
are ready to tight for 1t, while the
city is fully prepared to contest the
matter as long and a. earnestly al
possible. believing that one of Its prin-
cipal commercial factors Is threatened
No time has been set for the hear.
ing, but the commission requested the
attorneys who appeared Saturday
morning to agree upon q date moi
earlier than September as. and report
back to the chairman ct the commits
sion for confirmation.