The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-06-18
FRANCHISE F OR
NEW COMP ANY
WINS IL TO 3
lcont..Nei From t'.rst page.l

lcont..Gei From First Page)
eNciusive of street railway require
tnents. of at least 5000 kilowatts rated
capacity.
Mir. Anderson argued for the ncor-
portion OF the original section which
compelled the company TO have in
operation within eighteen months a
distribution system to an extent OF
at ieabst 80 per cent. in length and
area of the present distribution sys-
tom of the Virginia Railway and Pow
e. Company. 1t was not fair compe-
tttion he thought to permit the new
company to solicit and sign contracts
for the sale of its powe-. before it had
az least half the Equipment or the
present company with which TO sup
ply.
Arbitration Left to Code.
The committee adopted the Kelley
amendment to the franchise provision
touching arbitration in questions in
Nolving the Joint us@ of conduts.
rcles. etc. The amendment provides
that all such cases shall be decided
by arbitrator appointed and acting in
compliance with the provision con-
of 1910. AS originally drafted. the
section in the franchise touching this
point directed that sucii arbitration
shall take into consideration the cost
OF poles and conduts, this 10 include
the construction cost, taxes, deprecia-
ton and cost of maintenance.
Another important provision in this
section directed that the rental to be
charged by one company for the use
CT its conduits and poles by another
shall he determined by the ratio
which obtains between the number of
wires used in such conduit by the
two companies. Such = provision. 1t
was argued by Mr.. Kelley would
place an unfair burden upon the new
company by saddlinE it with the mis-
takes and bad investments OF the old
company. His objection was support
ed by several members OF the commit
tee and the substitute was adopted.
leaving the details of settlement to
the arbitrators.
The only other amendment adopted
directs that the company shall with
in two months from the Ill j approval
OF the ordinance file With the Com
mittec on Streets an application for
the route that il desires to cover with
its distributor plant. which route the
committee may alter, enlarge or d.
minish as il sees fit The distribution
system. it is further provided. within
such route shall begin within three
months. and be completed within
twelve months after final action.
Pollock Explains His Vote.
Councilman Gilbert Is. Pollock,
member of the Committee on Streets
opposed the incorporation of the vari-
Gus amendments on tho ground that
they vitiated the control of the
Council over an already defective In
strument. In his opinion. tho pro-
posed franchise gave all the advant-
age to the new company and made
every regulatory act of the committee
or Council subject To litigation. Not
withstanding the opinion of the AS
sistant City Attorney, WHO thought
that the courts would uphold the City
Council, Mr. Pollock was convinced
that any attempt on the part of that
body to compel the new company to
extend its service against its wishes
would result in the matter beng tied
up for years by recourse to lnJunc-
lions and suits.
lust before casting his vote against
the franchise Mr.. Pollock stated TO
the committee that while it was his
intention ali along to support fran
CHS. with suitable limitations, he did
not regard the one under consideration
as one of this kind. In his opinion,
he said ii contained many defects,
and was so faulty in construction as
To he unable to command his support.
The franchise Will come UP for final
adoption by the Common Council at
its meeting on July i.