The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-04-02
.HENR|CO PEOPLE
DENIED TRANSFERS
Corporation Commission Decides
in Favor Of Electric Rail
way Companies.
JUDGE WINGFIELD DISSENTS
Prcntis and Rhea Rule City
Council Controls-Will Appeal
to Supreme Court.

Residents of Highland Springs and
other points Oh the Richmond and Rap
pahannock River Railway, between this
city and Seven Pines. must continue to
pay tho separate fare now required by
the road, without the enjoyment OF
transfer privileges. BY q decision rem
dered yesterday by the State Corpora
dion Commission, the petition of j. b.
Dowden acting for the Henrico County
residents is refused. and the Kappa
hammock line, with the Virginia Rail
way and Power Company. is given
Judgment
In Il lengthy opinion. Judge j. Rich
ard Wingticld dissents from the deci-
sion of the majority of the commits
sion. as handed down by Judges r. H.
Prentis and William f. Rhea
The case will be appealed ut once
As soon he heard of tho decision
Attorney George Bryan. representing
the petitioner. announced that the case
would be taken to the Supreme Court
Under the Constitution, the appeal
must be granted Az u matter of right,
and it Will probably be argued at the
November term of the appellate court
Once Enjoyed Transfers.
Prior to. July /. 1912, transfers were
issued to passengers travelling in either
direction between the city and county
coming to the city paid the fare Of .
cents or used labor or school tickets.
ana were given transfers to any part
Of Richmond good at Twenty-ninth
and g Streets the Oakwood and
Main or lakewood and Broad Street
line. or good at Twenty ninth and Z
streets on the Clay Street line. Pas
sengers boarding city line cars were
given the appropriate transfers TO the
Seven Pines line at either OF these
points, good TO destination at amy point
between the city and Seven Pines
The Virginia Railway and Power
Company. owner of this suburban line,
sold it to the Richmond and Rappa :
hammock River Hallway Company. sue
ccssor to the Richmond. Erbanna and
Peninsular Railway Company. which
was organized to build n railroad be-
tween this city and Urbanna. at deep
water on the Rappahannock II was
desired to use the existing line 10
Seven Pines as part Of the now sys-
TEN.
Relieved of Duty.
To encourage this project. which
would open new trading territory,
the City Council. by ordinances OF Feb
ruary Il and May s. 1912. amended the
old agreement between the city and the
Virginia Railway and Power Company,
and relieved the transportation con
Germ of the duty OF issuing transfers
between the urban and suburban lines.
II was still required that transfers be
issued TO and from all points in the
city on the Rappahannock line, but
this feature is negligible, since that
road uses only four blocks OF city
streets. on Twenty ninth Street. be-
tween p and T Streets. and bona .ide
! passengers are really carried free
there The new system of separate
fares was put in operation July !. 1912.
trL In
business in the city. unless within
walking distance OF Twenty ninth and
y Streets, were compelled to pay 10
cents. or two fares, to get to their
work, and the same was true OF tho
return trip home. So they proceeded
TO contest the right OF the railroad com
panies TO make such regulations. the
| petition fled by b Dowden being
/ the result.
/ Rules Against Petition.
In reply TO the contention of the pcti
tioner that the statute was not com
piled with in granting franchise when
The ordinance was amended, the com
mission. in its opinion, rules that no
I franchise WAS granted by that amend
mont. since no use of the city streets
! was allowed. the only grant being re
/ lief from transfer obligations.
The other point was that advances
! in rates cannot be made by public ser
vice transportation companies without
! the consent OF the State Corporation
Commission. which was not obtained in
this case. II ID ruled that as the City
/ Council duly acted. the commission has
no power under existing circumstances
! tc supervise or annul the action OF the
city authorities who are by the Con
stitution vested with Legislative dis
! erection as TO the services performed
by such companies under the franchise
10 use the streets OF the city. The
I Councils action as to the Virginia Rail
way and Power Company, which opcr-
I ates entirely In the city, as far as this
F. case is concerned, must stand, and il
would be unjust, il is held, TO force the
/ Rappahannock limo TO accept and honor
! transfers held by passengers leaving
| the city, when the other railway need
not honor them for incoming people.
Says obligations Stand.
Taking the opposite position, Judge
| Wingtield. in his dissenting opinion
holds that where n railway company
to one political subdivision, it cannot
by transfer OF part of its line, escape
from its legal obligations, but that
he vendee of Il part of the line take:
it. subject to all the legal obiiga lions
Of its predecessor, and that the two
companies must maintain the rates
previously in force until they have OBJ
tanned tho consent of tho commission
10 advance such rates and charges
lie thinks. therefore. the commission
should require the companies to restore
the former rates before it can be heard
on a petition for Increase.
Judge Wingfeld thinks that the ma
jority OF the commission is reversing
its former decision OF 1904, when oil
ruled that the transfers on this line
must be given, but this is expressly