The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-11-10
BAD FAITH IS NOT
POINT At ISSUE
Corporation Commission De-
clines to Hear Discussion OF
Bona Fides of Sale.
TRANSFER CASE SUBMITTED
Decision Will Be Rendered Later
on Petition of Seven
Pines People.

citixens for restoration Of transfer
privileges on the seven Pines electric
line was concluded before the State
Corporation Commission At ! O'CLOCK
yesterday. The question was then
submitted to the commission. which
will render . decision later.
During the debate. ruling was
made by the commission to the eject
that no suggestion Of bad faith IN the
sale Of the line by the Virginia hail-
way and Power Company. and lie SUD
seQuent transfer to the Richmond ana
Rappahannock River Railway Conn
pany, was properly before that body.
Captain A. B. Guigon. counsel for the
Virginia Railway and Power Company.
was at the time addressing the COM
mission. When he attempted to reply
10 suggestions OF bad faith. tho COM
mission stopped him. saying that mat
tar waA not before It
BaA Faith AinteA At
Captain Guigon said that Maurice A.
Powers. who preceded him a. attorney
for J. B. DOwdsn and other county
citizens. had limited At maia ddes. AL
though It was not directly charged IN
the petition. However. there had been
no evk00QCS 10 8uO" AoSA Va oVS4 Asses>se
and the commission declined to con-
slider It.
For the most part therefore, the At
tornsys confined themselves to . dis
cushion Of the law points involved
nrst, a. to the Jurisdiction OF the state
Corporation Commission. and. second
As TO the right Of the City Council OF
Richmond 10 release Q corporation from
k,.s vHia h
city itself
Thomas p. Bryan spoke for tho Rich
mond and Rappahannock Edver Rail-
way Company. A q. Guigon for the
virginia Railway and Power Company.
and Maurice A. Powers and Judge T.
Ashby Wickham for Mr.. Dowden.
Rlshts Of City Council.
Captain Guigon made the point that
the transfer requirements were . mat
ter of contract between the city Of
Richmond and the owner Of the Seven
Pines line The original ordinance re-
quired transfers to be given both ways
The company contended that this
meant In tho city only. and that the
Council did not mean to extend the
same protection to country people.
However. the Supreme Court decided
against II, and transfers were there
after isued without demur. The line
lost money under the circumstances.
and when an opportunity came to sell
IL, q low price was made because 1t was
Improbable. Then 1t was that the
City Council. in consideration Of pro-
posed extension of Richmond's rail-
road facilities. decided to terminate the
restricvtions 1t had made itself and
to release the line from its burdens.
In doing 80 1t still protected the people
living In the city as to transfers, re-
ouired the sale Of half-rate school
tickets and only Incidentally hurt
residents along the line.
While 1t would be tho duty OF the
Council, said Captain Guigon. to sell
to the highest bidder . time extension
Of its franchise, II would be an absurd
ity to say that IL should advertise and
sell q release from certain burdens TO
q concern in operation. All that was
required was q ten-day notice to the
public, which had been done.
Closing the argument. Judge Wick
ham said that the commission had uni
questioned jurisdiction in such . mat
ter, a. 1t does not como within the
prohibitions Of the Constitution He
also contended that the Council had
no right to release the burden Of grant
ing transfers. which the Supreme Court
had once decided was mandatory upon
the operating company.