The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-03-02
time NOT ARRIVED
FOR CLOSING DOCK
State Corporation Commission
Refuses Petition Of Trigg
Bondfloldcrs.
PUBLIC INTEREST INVOLVED
Legislature Presumed to Know
What It Was Doing.
Text Of Opinion.
PUBLIC INTEREST INVOLVED

ext or OPINION.
In a brief oral opinion following the
delivery of the written decision Of
the State Corporation Commission re :
fusing the petition of the Trigg bona
| holders to be allowed to close the
Richmond dock, Judge x. r. Prentis
said in court yesterday morning that
In his opinion the time had not come
Ior such action. lie commented on
+, the fact tina, in the early days a large
amount Of public funds had gone into
the establishment and maintenance or
TINS public utility. and further that
eHorts are being constantly made to
| secure money from the national gov
crnment for the advancement of the
shipping Interests OIL this city. At suc.
| a time, he thought 1t to be for the
interest OF the public that the dock lie
Kept open.
| Further. said Judge prcntis. he be.
| lieved il was /, matter Of good faith
| 70 the people, who had engaged III
business on the strength of the loca-
| non OF the dock where it is, that it
| should be maintained In use
Wonid Have Dismissed.
judge w L, Rhea said briefly that
/ missing the petition on motion or the
f! Chesapeake and Ohio Railway Com
! panE when this feature was interpreted
| ihis motion Was m4dc by Attorney
Henry Taylor, Jr. on the ground tina,
the railways contract wouln BE- v,o-
/ lated by the closing Of the dock The
| other members had not, apparently.
agreed with Judge Rhea on this point.
! The opinion Of the commission was
| BY commissioner j. Richard Wingfeld
| 1t dlsposes of the threatened closing
Of the dock. which has been so vigor-
ously fought by the city OF Richmond.
/ by the Chamber of Commerce By the
Chesapeake and Ohio and By adjacent
business men. TIE proceedings were
! begun under an act OF the last Legis-
iature. authorizing the closing Of such
an institution by the commission under
| certain conditions
Text OF Opinion.
MIR. Wingfeld's opinion in which all
! The members OF the commission con-
Cured, is as follows:
The act OF Assembly OF March l6.
| 1917, under which we are proceeding,
| authorizes the State Corporation Com
/ mission. upon application of the owner
! or owners thereof to close or discon-
| tinue any private lock or wharf NJ
tected with publie use or easement
near any city or town where the city
! or town is establishing. or has estab.
| hshed, docks and wharves open to the
/ public. etc. etc, etc.
This act imports an inquiry by the
! corporation Commission. and author
! ICES the commission, In it's discretion.
TO- gran. or refuse the application.
oeen raised in this case and ably ar
| gucd by counsel.
Act CONSTITUTIONAL.
| flESt me defendants demurrcd to
! the jurisdiction of the commission. and
contended that the act in question was
sII titutional and therefore void
/ The prtma facic presumption is that
the act OF Assembly Is not unconstitn-
tional; and nothing has been advanced
IN this connection in my opinion. To
! overcome that presumption
/ Second. Counsel for the Chcsa peak
ana ONO halfway moved to discon-
lihue the case, on the ground that tho
cioSing Of the dock would violate the
Trigg Shipbuilding Company. This
consequence does not necessarily fol-
low The mere closing OF the dock, or
| aiscontinuance OF the public use or
easement would not conflict with said
contract. and IT, after said easement
was discharsed. the owners failed in
tract. the relief could be obtained from
the established courts Of the state ~
whom such questions can be better
an}udt ha .a than by this commission.
~ provides that nothing herein con-
tanned shall be held to impair the obli-
gatlon OF any contract existing It tho
time Of the passage of this act be-
tween the owner OF such wharf or his
predecessor, In the title and individ.
uals. other than the public
| Legislature should Know
ihlrd Evidence was introduced to
show that the Legislature acted in ig
n3ra france OF the purpose OF the owners
81 this Richmond dock to close tho
same The act OF Assembly simnly
authorizes the owners OF such docks
70 apply to this commission to be al
lowed to close or discontinue the pub
lie use or easement. The purpose of
the act is plain upon it's face and IL
4 IS 70 be presumed that the Legislature
acted advisedly in authorizing such an
inquiry ny this commission.
nary questions. we have now to con
slider the case on It's merita. In other
words. to consider whether it is TO the
public interest that this Richmond
n nnS1i DC ,,s eiosed and discharges OF the
shown conclusivcly that a large part
Of the anthracite coal used BY citizens
or Richmond comes by boat: that al
present about one-half Of such Goa
PRO ddoi IN BY boat IS discharged a,
that dealers In coal have made their
investments and established the,,
Warerooms and plants contiguous to
TINS dock, relying upon the continu-
a atra SOL OF INC same same ! am therefore con
conditions It is of Importance. and thai
1he public interests Of Richmond re
qulre, that this dock be kept omen, and
therefore that the application or Inc
owners 10 close the same and discharge
thereof must now be refused"
Garnfshnicnf Case Decided
IN the case of John Rcbman and