The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-10-19

sale and bought by the defendants with
express and specific notice that 1t was
| charged with the public uses with
which 1t had been charged ever since
IT was constructed by the Richmond
Dock Company. and with the public
uses indicated in the statutes and con-
veyances above referred to.
lis Public Highway.
reference to- the statute OF 1916
shows that the Legislature designutcs
the property as a canal, and provides
that the canals. basins and water
works to be erected by the Richmond
Dock Company. when completed, shall
forever thereafter be esteemed and
taken as public highways.
So that 1t plainly appears in every
act of the General Assembly dealing
with the property. and in every CON
Neyance made of the property, that 1t
has been charged with public use.
ana upon every transfer of the same
the Srantor has imposed such public
duties upon his immediate grantee and
| made the performance Of such duties Il
condition of the transfer. The defend
ants claim. however that they are nei-
ther public service corporation, canal
company or transportation company,
and that therefore this commission has
! no Jurisdiction to entertain these petit
tons This may be technically true
and yet. within the meaning of the Wiz
ginie statutes. they may be charged
with all the duties and responsibilities
! of such companies.
| Let us inquire whether they are so
charged.
! Section 1873 of the Constitution. being
the hrst section of Article -. dealing
| with corporations, provides that as used
In that article the term corpora ton
or company" sh1ui include all trusts
associations and joint stock companies
/ having any powers or privileges no,
Possessed by individuals or unlimited
| partnerships; that the term "transpor-
tation company" shall include any COM
pany, trustee or other person owning,
leasing or operating for hire railroad
street railway. canal, steamboat or
steamship line that the term
/ puplic service corporation" shall in
! cluoe all persons authorized to exercise
| the right OF eminent domain or to use
or occupy any street, alley or public
| highway, whether along. over or under
the same In any manner not permitted
to the general public and that the
Term "eprson" shall include individu-
ais, partnerships and corporations in
the singular as well as In the plural
number. These dctiitions are repcutco
IN the act concerning corporations
! Pollard's Code. Seton l29ia and also in
the act relating to the organization
and Jurisdiction OF this commission
Section l3lSa of the Code. Clause l OF
section l294a includes In the definition
OF public service corporations Other
internal Improvement companies"
Nature of Property.
On behalf OF the defendants il Is
earnestly commended that neither the
constitutional provisions nor the
statutes exactcd i'll pursuance thereto
can be made TO apply to them as the
owners OF this property, because, as
they alleGe. II is dock am not 8
canal. Witnesses have been introduced
py them TO show that this propert,
Is dock and not canal, ana the
uehnitlon OF dock is relied upon tc
cstaplish this proposition. The sufti.
cient answer to this contention is moi
only tnat the property Is an artificial
enamel constructed for purposes o,
navigation. into which water has beer
conducted from James River, hut thai
az one Time II was part Of the James
River and kgnawha Canal systcn tbs
history OF which It's part of the his.
tory of the Commonwealth. IT IS nov
that portion of the James River and
hanswha Canal which, by the exprcs,
provisions of the act authorizing TN,
transfer of the canal property TO IN,
richmond and Allegheny Railroat
: company, was required to he kent sun
phed with water between Boshcr,,
dam and tidewater. this languap,
heing used: That the railway com.