The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-10-19
Bondholders' Committee
Must Repair it by
December l.
CANAL PROPERTY
PUBLIC HIGHW AY
Suit Entered by City and Bust
ness People Decided Against
Syndicate, Which Has Per-
mitted Dock to Lie Idle
for Months-May Go
UP on Appeal.

Under an opinion handed down yes
terday morning by the State Corpora
ton Commission the bondholders' com.
mittee of the William r. Trigg Com
pany Is ordered to repair the eastern
lock so that the City Dock, held now
to be public highway, may be re-
opened and operated for the beneit of
shipping.
The bondholders' committee has
until December to comply with the
ruling OF the court. The dock has been
closed for months. Efforts made by
the city OF Richmond. acting Jointly
with the Chamber OF Commerce, failed
heretofore to have tho property re-
stored to traffic, the legal fight going
finally to the Corporation Commission.
Tho formal complaint was filed by citi-
zens who alleged that their business
was being Injured by the arbitrary
refusal of the owners to repair the
lock. the breaking of which had rend-
cred the canal useless
Within the past few months a real
estate firm has offered to sell the dock
to the city, but the proposition wag
never acted on. the Finance Committee
OF the Council being unwilling to buy
the property when 1t believed that the
court would order 1t kept open for
navigation. This voctory for tho city
came yesterday along with the Mayors
approval OF an ordinance appropriat-
ing the sum of $4,000 for the erection
OF municipal wharf on the north side
of the James River below Gillies
Creek
Ordered to Reopen Dock.
Along with its opinion tho Corpora
tion Commission entered the follow
ing order:
THE commission having maturely
Nnlo = -,,t
ment Of counsel, for the reasons stated
| in the written opinion filed as a part
of the record, Is OF the opinion and
doth therefore decide and determine
that the defendants hold the property
known as the Richmond Dock subject
TO the liabilities, duties. and responsi-
! biities of public service corporation,
and that the said property is canal
a public highway and a work of inter
, nal Improvement.
therefore, 1t Is considered by ths
commission that the defendants pro-
coed forthwith to the performance OF
their duties to the public with refer
ence to the Richmond Dock imposed
upon them as owners of the property
by the laws of Virginia. and they are
specially ordered and directed to pro-
coed to repair or renew the gate OF
the eastern lock 50 to make the dock
and canal safe for navigation, and to
have the same completed and in opera
ton on or before the first day OF De-
cember. 1911"
The opinion in the dock matter was
prepared by Chairman Prentis. or the
commission, Commissioners Rhea and
Wingfeld concurring. With this unan-
imous verdict. II Is not believed by
those who fought the bondholders that
the Supreme Court will set aside the
order when the matter goes there on
appeal.
Opinion by Commission.
The full text OF the opinion follows.
Opinion. Prentis, chairman
The petitioners allege in substance
that the defendants. as the owners of
the property known as the Richmond
Dock, are charged with the duties and .
obligations of a public service corpora-
ton. and that having closed the same
on July g. 1911, they are now derelict
in the discharge of such duties in fail
Ing to keep the dock open for naviga-
ton.
The defendants admit the closing of
the dock because the Eastern gate OF
the lock has become so much out of
repair as tic endanGer navigation. and
aeciihe to repair the same. denying
their legal obligation TO do So
The defendants have filed demurrers
motions in writing to dismiss the pc
titions, pleas to the jur sdiction Of the
commission and answers to the peti-
tion. These all raise SUBSTANTIALLY the
same questions and challenge the juris-
diction OF the commission to entertain
the petitions or to grant the relief
therein prayed for.
In order TO determ ne the questions
involved 1t becomes necessary to con-
slider the history and present status
OF the dock property. and to ascertain
the present relations OF the defendants
to IT and their duties IL any, to the
public with reference thereto.
Chnrted by Legislature.
II appears that the Richmond Dock
was chartered by an act of the General
Assembly Of Virginia on the 18th day
OF February, 1916: that 1t was vested
with the power of eminent domain and
authorized TO receive both city and
State aid, the city OF Richmond being
expressly authorized to subscribe to
Its capital stock. II was authorized to
construct canals. wharves docks bas-
ms and locks for tho Improvement OF
navigation OF James River SECTION 70
of tho charter provided: THAT said
canal, from the locks at Rockets Land
ing. shall at all times contain the depth
CT eleven and one half feet OF water up
to 'rwcnty-tifth Street. and from thence
to Eighteenth Street 10 the lower bas-
in eleven feet of water" Section %
reads as follows: "and the said canals
basins and works to be erected by VIZ
ture of this act when completed shall