The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-06-18

BY vote OF IL TO 3. the Committee
on Streets. at o'clock last night. rec
commended to the Council the passage
OF an ordinance granting to the Rich
mond and Henrico Railway Company a
franchise TO sell electric light ana
power IN competition with the company
already in the field. With the exceo.
ton Of several important notifications
In the hrst .our subgections under sec
ton eight. the mode! franchise reported
by the subcommittee was adopted
without change.
Most OF the debate centred about the
question OF compelling the grantee
after the award OF the franchise. 20 OK
tend it's Zines and service at the com
mand OF The Council Committee on
streets. Assistant City Attorney
George Wayne Anderson gave j, aa his
opinion that Notwithstanding the fact
tHat tho franchise contained an express
provision Comforting that right. any at
tempt on the part OF the City Council
or It's Committee on Streets to compel
extensions which the company was un-
wiling TO make might be made the
the subject OF litigation.
Thought Blanket Frunchise Legal.
IN written opinion submitted to tho
committee. Colonel Anderson held that
while q blanket franchise such as was
UP :or passage was legal, IL was at the
III.
Dihculty. he thought. might be expe-
r!enced in enforcing extensions. In.
stead OF blanket franchise he favored
one in which definite streets or sec
tons OF the city are named within
which the company should be required
10 furnish service by certain fixed
time after the granting OF the fran
Cnlse.
Failing tho adoption OF a plan
hlcnS these lines. Colonel Anderson Of
fered substitute TO subsection OF
section of the franchise under con-
sidcration with the view OF removing
us far IS possible the objectionable
features which II contained With the
amendments provided by this substi-
tute. he thought the absolute control
or the Council would be insured, and
the franchise freed from its worst fea-
lures.
Gives Council Full Power.
The substitute was rut to vote
and adopted. In effect t is an ampu-
fication OF substitute for the same
section proposed by Samuel l.. Kelley.
of the Richmond and Henrico Com
pany. It is. however. more thorough,
going and seeks to conserve to the
Council the absolute control OF all
future extensions. On this point the
adopted section reads:
The Council OF the city OF Rich
and from time to time to prescribe
routes covering any portion of the ter
ritory of the said city, and extending
through any OF the said streets ana
nlleqs. and to require the said gran
tees to construct the necessary distri-
button system. and erect the necessary
poles. wires, conduts. and other fx
lures. and to sell and deliver electric
current to any person within said
territory applying therefor, notwith-
standing 1t may be true that a COM
piiance with such requirement may not
be profitable and will result In q pc
cunia-ry loss TO the grantee.
1T is the intention of this provision
TO clothe the said Council with ab-
solute power to require the grantee
to sell and deliver electric current in
any and all sections OF the city of
Richmond. and the construction of the
distribution system necessary there
for. whenever and to whatever extent
the said Council shall deem reason.
able and necessary"
The section provides further that
construction on any such distribution
system shall begin within three
months and be completed within six
months after date OF such require
ment. a clause providing that the
rates shadd not exceed those charged
by any other public service corpora
ton in the same territory was upon
the suggestion of Mr. Kelley modified
by the fixing of a maximum charge OF
10 cents Per kilowatt hour-the top
rnte of the Virginia Railway and
Power Company.
Must Complete in Twelve Months.
In the face of vigorous opposition
by Attorney Henry w. Anderson, for
the Virginia Railway and Power Com
pany, the committee adopted the Kcl-
To- het itrto far he Of
ton 8. making 1t compulsory upon
the new company to have completed
within twelve months from the final
approval of the ordinance, machinery
for the generation of light and power.
CONTINUED on Eighth Page)