The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-22

consideration the needs OF RivervIew.
and provided stacks and mauholes, an
lcipatinS the drainage of that section,
ana that In his Judgment tho construc-
the value of property In Riyerview,
Drblns LnrEc .trcu.
The Hill In chaucery filed by the CITY
reviews the controversy In detail set
ting forth that on October ce Mayor
Richardson approved an award of con.
tract 10 Stamper, RaSland & Co for
the construction Of q sewer OH Vir-
ginia Avenue. from Hampton Stree,
and Colorado Avenue under the Chesa.
peake and Ohio Railway to tho river.
the estimated cost of tic main sewer
being Sso,iS9; that the work under
that contract was soon after begun
and Is now in progress; that tho
sewer Is trunk main. into which IS
to be emptied n number of branch
sewers. extending through territory
OF many city blocks. draining the area
bounded by tho Boulevard on the west
Main and Cary Streets on tho nortn
Plum Street extended on the east and
the Riverview property and that Of
Mrs : NJ. pooley on the south; that
the territory is being rapidly dcvcl-
oped, and at the present ti,no en-
braces 100 city blocks. Inhabited by
not less than 1850 people. living in
more than 900 dwellings. and en-
bracing fourteen miles OF streets. all
of which dwelling houses, streets and
alleys 1t Is proposed to drain into
and through the Virginia avenue
sewer
Now Use Wells mud Springs.
All of these dwellings, and streets
are stated 10 be without proper drain
age. II Is believed and charged that
the unsanltary condition of the terri
tory is due to Its water supply. taken
from wells and springs, constituting
one OF the most serious menaces that
could confront community. and whicl
conditions cannot be relieved until the
completion of system of sewerage.
Tho bill recites in detail the various
actions OF the Board of Supervisors
tho county of Hcnrico and tho pro.
ceedlngs taken toward securing tho
right to construct this sewer, and
charges that the Riverview Improve.
ment Company and Sarah II. Chafin.
merely to harass and veX and delay
the city in making a great public i'm.
provenent, have instituted several
forms of legal proceedings, includins
applications for lnjunctions. petitions
to the Board of Supervisors to re-
sclnd Its action and institution OF ac-
t1oh or unlawful detainer against tbs
city and its contractors.
Wnnt Cnse Decided on It's Merits.
In his bill Mr.. Pollard states that
the city has no desire to avoid tho de-
termination OF the question OIL whether
virginia Avenue Is public street or
not, for on the final determination OF
that question must rest its right to
construct the proposed sewer therein.
II only seeks that such a question he
determined In an orderly manner Tho
bill states that the ,city has from the
first sought to avoid tho incquitable
anu unconscionable effort made bv
Chaftin and others TO place It In thu
position OF being compelled to pay, by
reason of the exigencies OF the situa-
ton, for right which IL already has
rather than subject q large portion of
the inhabitants of the city to incon.
venience, annoyance and danger OF
being longer left without facilities
necessary to comfort and health.
May Condemn Right of Why.
The city Is ready, should it be finally
determined that Virginia Avenue is not
public street. to take the necessary
proceedings to condemn right OF
way or easement along the strip of
land and to pay such damages as may
be awarded to tho persons who mny be
adtudged to be the owners and offers
to give bond and security to that effect.
and asks that pending such eouitabIo
settlement, Sarah II. Chaffin and the
Riverview Improvement Company be
perpetually en1oined and restrained
from proceeding with the prosecution
u all of the delegations mentioned, ex-
ccpt the trial on its merits OF the orig.
inal chan:ery suit, having for It's OBJ
ject the determination OF the question
what part, If any. of Virginia Avenue,
is not public street; and that should
1t be determined that any part Of the
avenue is not public street. that the
city may be required by proper process
TO institute and prosecute condemna
ton proceedings to acquire a right OF
way for the construction of its sewer
and to pay such compensation and
damages. if any. as may be awarded.