The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-10-24
HEARING IS BEGUN
|. ON NEW FRANCHISE
Street Committee Listens to
Opening Argument by Henry
w. Anderson.
SAYS ORDINANCE IS VOID
Much Time Consumed by Com
mitteemen-Meet Again
Monday Night.
SAYS ORDINANCE IS VOID

vice president and general counsel OF
the Virginia Railway and Power Com
pany, against the granting Of COM
peting electric light and power iran
chise as against good public policy,
and specifically against the pending
franchise on the ground that II Is NE
gal and invalid in several particulars,
opened the debate before the Council
Committee on Streets last night. Al
though Mr.. Anderson spoke just TWO
minutes less than one hour. playing
for position on the part OF counsel
and interminable wrangles among
members Of the committee, consumed
the remaining time.
Just 5efore IL o'clock the committee
adjourned to Monday night at o'clock.
when Judge George l. Christian will
be heard as counsel for Arthur Upper
G. Co. OF New York, who bid $S.o00
for the pending franchise. Charles V.
Meredith anS Samuel l. Kelley VIII
follow for the Richmond and Henrlco
Railway Company. who Initiated the
franchise, having prepared the original
draft on which 1t Is based. Their
company bid SO for the franchise.
Threatens to Eject Alderman.
Disorder and confusion on the part
of the committee marked the first hour
Of the session. until Chairman Pollock
sharply announced that the gavei
must be respected. and directed SER
gean- at Arms Ruskell to remove Al
derman Marx ounst from the room II
he did not cease interrupting and talk
,nr TO members Of the committee
while others had the door. Mr.. Gunst
sharply resented the rebuke. Alder
man Powers, who had been in colloquy
With Mr.. Gunst. admitted being partly
to blame.
There was out one test vote ~
which the sentiment OF the committee
could be gained. and that gave httio
announcement to the Richmond ana
Henrico Railway advocates Inc
chair stated that the two BIDS TO-
xether with the proposed form OF iran
chise had been referred to the COM
nittee for consideration Mr.. Nielsen.
o, the committee, fought to nave inc
FORM OF franchise eleminated from con-
alteration. contending that the on!y
matter before the committee was u
decide between the two bids reLeffeo'
Assistant City Attorney George wayne
ander.on did not sustain his view,
and read from the State Cooe 10 BUY
port his opinion.
what Conmittee Can Do.
<.olonel Anderson ruled that the com
n,ttea might report the larger bid; II
might report the lower bid with its
reasons for SO doing: 1t might report
that the best interests of the CITY
would be subserved by rejecting Dotn
hida and granting no FRANCHISE AZ tnis
time. or It might report that the form
~ franchise advertised was not saus-
Factory. ana therefore recommend that
hofb bids be rejected and new al
vert,sement be inserted with such
changes in the draft Of the .rancnise
a. the committee might recommend,
For an hour the committee wrAneieo
over the order In which the parties at
interest were to be heard. : mouon
to hear first from Henry w. AhoeIson
., rhether Il was advisable to grant
on~ ,,anchise was adopted, the under
.1andine then being that each OF tne
htddere would follow. Mr.. Nielsen
mot,on 70 reconsider this order was
the only recorded vote. Messrs: oro-
Wav puller and Morgan r. NILS arc
80 members OF the Street Commlttee.
and did not hear the discussions ias.
suru,er. and therefore desired thae al
1910. he heard. Messrs. Gunst. HAD
g. ana Nielsen voted to reconsider In
80, "a eliminate all questions save
81. ito bids before the committee.
5000 Nessrs. Mills and Puiier'
Ms..rs Powers. vonderlehr ana Chair-
-, pollock voted no. and MI. Amer.
son was finally permitted 10 spe4S a.
eco o'clock, an hour and half nav
ing been wasted in play TOT pos'o"'
NJ. AlAesssn's ArguDeos'
NJ anderson divided his argument
,nto two heads: that 1t 10 eSe1ns'
rood public policy to grant any cum
betting franchise when the cononS
has an adequate service at feaso"
rates. and that the form OF tra1cnss
as advertised 10 unconstitutionaA sA1
invalid. On the hrst nead ne cor
,.rd.d thar NO public good woui1 To-
All. from the multiplied use Of the
.,reets for poles. wires and conduits-
M benent not already enjoyed, si.ce
.. h.. been admitted that the service
h.re IL adequate to the community
snd that the rates are lower than IN
cities OF Richmond's size similarly
si,uated. II was no part OF the GUY
of eity councilmen in their trusteesnsp
~ CITY streets to grant FRANCHISE
y. .reued. merely because some BUS
,ne,, men desired TO be helped out OF .
hole No large city, he contended'
nov attempts competitive public iran
chises. relying on regulation BY proper
authorities, q company In New York
civ having sold its franchises IN the
mast two weeks. making . vast proht
AZ the result Of . hoid-up PROPOSE
ton"
Mr.. Anderson proceeded to show how
In every instance the puelic pays the
interest on Q duplicate Investment
When the Inevitable consolidation
comes the combined corporation that
results combines the capital o. tho
two. and the courts protect II In
charging rases that will pay IN In
terest on q double investment. where
enc would have served the entire COM
naunity.
WssA, Pspse 1ovo1s6 80 vssA.
A. 20 the second question. Mr.. An
Aerson sisted that " the pending
franchise 10 granted its exercise would
he attached In the DSrts. ~ In hts
opinion Il vas utterly Illegal sra In
valid. Il was not framed In accord