The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-04-06

Committee on Streets. to which was
! referred the application Of the Coun-
. hampton cars to run down Broad to
Ninth on a fifteen-mnute schedule,
and to charge n straight 5 cent faro
! through to the club. without tickets
or transfers.
Legal Questions Involved.
Legal questions arose as to whether
such permission would not be vio-
lation Of franchise agreements requir-
ing intercompany transfers within the
city limits. and subcommittee was
named to consult the City Attorney
and make report.
- When an ordinance. approved May
the RiHhmond Traction Company and
the Virginia Passenger and Power
COMPANY. assignee and successor OF
the Wcstliampton Park Railway Com-
City Attorney held. In an opinion rem
dered to the Committee on Streets
March S, 1907 that the ordinance re-
curing interchange Of transfers be-
tween the Westhampton line and the
Richmond Traction Company's lines
was legal, and that the Council had the
opirion the City Attorney now revcrses
on legal grounds. which he sets forth
at some length.
The original opinion was based on
sections Of franchise granted BY
the Judge OF the County Court OF Hen
ITO c co ,,,. the Westhampton line rs
city limits until the annexation of
1906
Protects HcnrIco Citizens.
Section { Of the franchise of the
Westhampton Park Railway Company
specifics that the company agrees 10
charge but one fare of ! cents betwceI
any two points on It's line going In
one direction. and to give TO the citi-
zens Of The county Of Henrico the same
privileges OF transfer to the lines Of
any street railway company con-
Meeting Herewith as shall be cpjoycd
by the citizens OF the city Of Richmond
in said city 10 the Westhampton Park
RAILWAY.
Mr. Pollard says that he has now
Very carefully reconsldered this hold
ing. and feels constrained to reverse
It, In giving his reasons he states that
the legality OF the ordinance Of May
20. 1907. necessarily depends on tho
right Of the city to REQUIRE the west
on the lines Of the Traction Company.
and the language OF the franchise must
he construed to mean that The West
hampton line was compelled to give
transfers without restriction The Ian
guage Mr.. Pollard says he does not
think Will bear any such construction.
but was only intended 70 give TO the
citizens of the county the same privi-
leces of transfer as were enjoyed by
citizens Of Richmond
Cannot Violate Contract.
II the company accepted transfers
from Richmond lines 1t Should be re-
but the city had no right to impose
any greater requirement as to trans
fers, for the courts have held that the
fixing of fares TO be paid on street
tract which cannot be changed by
either party thereto without the con-
sent of the other. Further. Mr.. Pollard
says that even if he had not by in
dependent investigation been led to
this view he would feel bound by a
construction which has been placed on
a meaning of the franchise by the State
Corporation Commission. after quoting
the finding Of the commission in full
Mr.. Pollard says:
by a decision q such a tribunal,
Iayman Of unusual ability. would feel
bound. even If had serious doubts
as to its soundness.
II do not think that the fact that
the Westhampton Park Railway Com
pany has. to the. present time. acauicsc-
ed In and complied with the ordinance
OF May 90, 1907. and issued to and re-
ccived transfers from tho Richmond
Traction Company, SO controls the
construction To be placed as to compel
be given and received. for the extent
to which the rule controls Is that
where the language is ambiguous the
practical construction placed npon 1t
by the parties is entitled 10 great con-
sideration
"In the first place il does not seem
TO me that the language is ambiguous
and in the next place. giving the CON
struction of the parties great consid-
Grafton. yet their conduct in the light
of the surrounding circumstances. so
clearly stated bv the CORPORATION Com
mission, Will not justify the conclusion
that the parties to the contract intend
ed to secure to the citizens of Rich
mond the right to transfers to the
w intenGiel
to secure to the citizens of Henrico
all the privileges of transfers that tile
company should a any time concede to
the citizens Of Richmond"