The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-06-20
PUTSTEAMROLLER
on CITY COUNCIL
Though Ordinance Was Never
Read, Twenty-Five Members
Are Said to Be Pledged.
SPECIAL MEETING CALLED
Nicc-President Jenkins Circulatcs
Petition and Gets Eighteen
Signatures.

Acting on petition presented TO
him By Wilton T. jenkins, vicc-pr
uent of the Richmond and Hcnrico
hallway. and signed by eighteen mem
bers. President Robert Lee Peters
Yesterday Issued a call for meeting
OF the Common Council tomorrow
night to take up the application OF
power franchise.
In view of the rush to have the
matter railroaded through at a spe-
clal meeting. Councilmcn who are OPP
posed TO the franchise declared that
the steam roller. so widely advertised
in Chicago. had been borrowed for
local use. Under ordinary circum-
stances. the recommendation OF the
street Committee would have been
taken UP on July /. but many Council
men who are friends OF the new COM
pany. were defeated IN the recent
primary and go out of Office on Sep
TENDER l. They are anxious. there
fore to vote on the measure before
they retire from Council.
Men Who Signed Cnll.
Although a special meeting may be
called upon petition of three members.
Mr. Jenkins circulated his document so
'rdustriously that he got six times
that number. Those signing the pa
per which he presented later in the
Gay TO Mr.. Peters were:
{. II. Wiltshire, CIyd. II. RntcIime.
{. {. Jones. Z. l.. DattIns, Morgan Il.
Mills, W. Fred richardson, Jacob I'M
lnuf, Clarence 4. senton, r. Gray HID
don. W. Il. Sullivan, George II. Lums-
HirschberG, II. 4. GIL, George VI.
Ccnsc, &. r.. richards, l.. II. Brown.
Claim Twenty-Five Are Pledged
The statement was made yesterday
that Twenty-Five Councilmen were al
ready pledged to vote for the franchise
to- morrow right Up to this time tho
ordinance has never been printed or
read IT was not read At the meeting
of tho street Committee on Monday
night y motion to read the report Of
the subcommittee. which went deeply
into tho matter was voted down. In
n word, the point is made that Coun-
ciImcn have pledged themselves with
out knowing the provisions OF the
ordinance aud without having it's
various features explained.
Business people during the past few
days have expressed n desire TO learn
more about the franchise. the most,
Council in years.
In an opinion sent to tho Street
Committee on Monday. Assistant City
Attorney George Wayne Anderson
held that the Kelley proposition sub
stitute would force the city into end
less litigation. He contended that the
best form of franchise should require
Ito naming of streets and alleys de-
sired to be occupied by the grantee.
No Penalty Provided.
The fun text OF the opinion follows
have had under consideration the
proposed amendments to the electric
light franchise Riehmond and Hcnrico
Railway Company now before the
committee, offered by Mr. Kelly at the
last meeting. have found great diff
hculty attached TO some of the ques-
tons involved, but am OF opinion as
follows:
/. The blanket franchise proposed.
snrrendering all OF the streets and
use and occupancy OF the proposed
comrany. Will be, in my opinion. a
valid franchise. although / have had
grave doubts on this point
>. Subsection of the proposed
amendment is, in phraseology which.
in my opinion, would enable the COM
pany to involve the city in litigation
At every attempted exercise OF the
power intended TO be reserved there
in 1t omits the provision for penalty
and forfeiture upon failure or refusal
to comply with this particular pro-
vision. and for these reasons Is, in NV
opionion. not satisfactory provision
The best form of franchise would ,n-
doubtedly require the naming Of the
streets and alleys desired 10 he oc
cupied by the grantee. In the absence
OF naming the particular streets in
the franchise, the interest of the city
would be best served by naming
successfully particular portions of the
territory of the city TO be covered
within a specified time.
have prepared a substitute for Mr..
keliys proposed CO.. which would. in
my opinion. reserve to the city the
power sought to be reserved in that
clause Of the franchise. | think IL
necessary TO add that even this sub
stitute. If adopted. could be litigated
by inc grantee whenever an attempt
was made to enforce It.
Very rcspectfully
GEORGE WAYNE ANDERSON.
Assistant City Attorney.