The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-03-31
DOCK PURCHASE
MAY BE DELAYED
Old Suits Affecting Water Rights
Will Have to Be Settled
First.
OPINION BY CITY ATTORNEY
Calls Councils Attention to
Facts in Order to Prevent
Future Hitch.
OPINION BY CITY ATTORNEY

Acquisition Of the Richmond DOCK
By the city may be delayed pending
settlement of two suits affecting the
water rights OF the property. A
formal communication has boen fled
with City Clerk August for presenta-
ton to the Common Council ,o-mor-
row night by City Attorney Pollard.
indicating the results of an examina-
tion of the title, both to the property
ttsolf and as to the water rights, with
out which the Dock property ,s use
less.
City Attorneys Report.
The following abstrac, of tho City
Attorneys opinion was given out yes
terdey:
Tho City Attorney has completed
an examination of the title to the
Dock property as required by the
resolution Of the City Council, ap-
proved by the Mayor, March 2s, 1912,
prei IN nary TO the purchase OF the
same, and has nled a written report
! win the city clerk to be presented
! TO the Common Council on Mcnuay
| night, In which he says tnat he is I'M
| able to report that the title to the
Dock property, including The water
| rights, which are specially mentioned
in the resolution, Is satisfactory to
him. inasmucn as the Right TO take
water at Bosher's Dam and conduct
the came through the canal into the
Dock 10 now being questioned In two
| suits pending In the courts, one OF
which is pending In the Law and
Equity Court of the city OF Rich
mond. and the other in the Tn ted
! States District Court for the Eastern
District OF Virginia. The first Of
these suits was argued before jung
Ingram in his lifetime. but not de-
cided, though he had the case under
| advisemcnt Tor about a year, and the
same has been reargued before Judge
Crump, who has not yet rendered a
decision.
| Under these circumstances the City
Attorney reports that although he
feels reasonably confident that the
Railway Company anu the city OF
| Richmond TO take wafer at boshers
| Dam and conduct 1t Into the canal
VIII be maintained in the courts, yet
| he Is unWllIlng TO take the responsi-
bility OF completing the purcnuse
without further instructions from the
| Council after the facts have been
/
the Council that they nave the rlsnt
| and power TO purchase the dock not
| wItnstanaing the litigation anu sends
! with his report the orutt of resolu-
| t!on. which, in elect. instructs him to
proceed with the purchase on the
terms and at the price provided foi
I In the resolution approved March 20
1912"
i Riparian Rights Involved.
/ Under the circumstances 1t is antici-
pated that all papers Will be referred
back to the Committee on Finance foi
conference with the City Attorney and
further inquiry Riparian rights III
James River have always been the
subject OF much litigation. the city
having fought hard to defend It's
rights at the old pumphouse from in
croachment by squatteTs on smnI
| barren islands. rhe city's rights al
the now pumphouse are secured By
contract with the Chesapeake and
Ohio Railway.
i While the bill in chanceTy of the
Old Dominion Iron and Nail Works
/ asserts that the Chesapeake and Ohio
Railway has no right to withdraw any
water from the river at Bosher's Dam
five miles above the city, which does
not return to the river before reach
Ing Belle Isle yet the attorneys for
the Old Dominion Company. owner OF
, Belle Isle, admit that this is an cN-
cessIve claim. 1t has been practically
admitted that the owners OF the cana
may withdraw g certain number OF
gallons of water per SECOND. aud the
real element OF the suit Is to prevent
the withdrawal OF an amount exceed
Ing that allowed In the ancient con-
! tracts.
1t has been stated that the bond
holders OF the william r. Trigg Co.
ht1, f,f ~ lanl-
r; willing to give bond With some re-
liable bonding company. to save the
city harmless in the event of the adj
verse determination of the pending
suits and some members OF the Coun-
, ell have stated that II such bond were
given satisfactory to til, City .Attor-
ney. they would favor proceeding q;
once with the purchase and improve
! ment OF the property.