The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-07-13

the said commodities had to be loaded
at this terminal and hauled away by
the railway company, and that the
struction to the free and easy ingress
and egress for the purpose OF loading
and unloading. Furthermore, 1t was
shown that the town of Stuart was
growing rapidly, and that there was in.
ties, and that the persons conducting
their private businesses on the depot
grounds were paying no rent, and
most, if not all of them. competing
with others in the town of Stuart en-
gagged In similar business.
Now, the provisions of subsections
and of section 124s C of the Code,
set forth in the very able brief OF the
tinent and applicable to the conditions
as they exist at Stuart: but are they so
pertinent and applicable to the case
under consideration?
Local Conditions.
Somerset is a small village on the
There are perhaps not over twenty
FIVE people In the village and two
stores dealing in general merchandise.
neither of which handle single COM
modify handled by Golsan & Buckner.
The passenger and freight station is
small and is situated on the north
side of the main line OF the Southern
Railway. while diagonally and in a
southern direction across the turn
pike road and main line and two
Company, on the south side thereof. a
distance of seyenty-five yards from
the station, is located the warehouse
complained of. 1t is entirely removed
proper and does not in the remotest
degree hamper or interfere with the
general freight and passenger bust
ness at Somerset. There is no evil
denee that herr is any competing bus
business conducted by Messrs Golsan
& Buckner, such as grain, hay, salt,
coal and fertilizer; that there are only
two small stores dealing in general
merchandise. So far as the evidence
is the slightest discrimination shown
in favor or against any person by
reason of the operation and location
of the warehouse complained Of. and
is any complaint from any one except
the petitioner. who permitted similar
warehouse 70 be erected partly upon
his own land and partly upon the
land OF the railway company. and used
for about fifteen years by the said
Golsan in the conduct OF a similar bus
ir.ess. While it. may be Of some profit
to Messrs. Golsan & Buckner, yet It
appears that the erection and mainte-s
mace OF said warehouse is not only
great convenience to the railway COM
psny, but to the shippers generally
who deal in such heavy commodities
as heretofore mentioned.
No Injustice Done.
THE commission does not deem 1T
necessary to so into discussion OF
the distinction. if there be any, of
the rights Of railway company, Of
the public, or of a private citizen, in
lands secured by purchase and con-
veyance from the owner for right of
way. or secured by condemnation pro-
ceedings. 1t is sufficient to say in
this case that it does not appear that
the erection and operation OF said
warehouse for the purpose above men
toned has in any wise interfered
with the duties that the said railway
company owes to the public; or that
it has in any wise failed to discharge
all the duties that 1t owes to the
public; or that it has afforded in any
way unjust competition; or that 1t has
given any undue preference to any
person.: or that 1t has permitted and
aided in unjust discrimination for or
against any person; or that said ware
house In any way interferes with the
easy ingress and egress to the freight
and passenger depot at Somerset, and
the commission is, therefore, of
opinion that there is no merit in the
contention of the petitioner and that
his petition should be dismissed"