The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-07-16
ASKS INJUNCTION
AGAINST THE CITY
SOUTHERN RAILWAY SEEKS To|
PREVENT CONDEMNATION or
ITS PROPERTY.
APPROACH TO BRIDGE
CITY SEEKS TO WIDEN sTHEET|
AND ROAD, SAYS PROPERTY
is ALREADY IN PUBLIC ~
USE.

Claiming that its property now del
voted to the public use cannot bel
/ taken by the city of Richmond for|
another wholly inconsistent pubiic|
use" and that the defendant has never|
been by legislative enactment. either
expressly or implicitly. authorized to|
exercise the power of eminent domaiu|
in this respect. the Southern Railroad
company yesterday morning nled in|
the Law sad Equity court a po&ition|
to enjoin tbs city from condsznnine 81
portion 70 its propert@ ~ 6O..a Dyur-1
teeD;n street.
Judge Beverly C-ume issued a
order granting the injunction uatN
July ED. when IL Ahall be dLaecsreS
unless 1t be by thea enlarged .. tnel
court sees other fit resScn TO, cuur
tinue it.
Already in Public Use.
The petition for a restraining order
Is the result OF condemnation proceed.
inEs instituted in the Hastings COURT
by the city against James f. Cannon
and others, all property owners on
Fourteenth street. condemnation OF
whose property, with condemnation az
parcel of the property Of the rail-
way company, is necessary for the
widening of Fourteenth street In ac.
cordance with the plans of the city
engineer and the desire OF the city
council.
The ordinance authorizing the city
attorney TO acquire the land neces-
sary for the widening OF the street
in question was approved May 8, 1919.
Besides much private property. II will
be necessary for the city to ACQUIRE
large tract OF the railway companyss
freight and passenger yards A part
Of the yards Is now occupied BY
tracks, and that portion OF the yards
not occupied by tracks Ia necessary
to the plaintiff. the petition asserts.
voted to public purposes 1t Is elain-
ed that the city's prerogative OF emf
nent domain cannot extend to acuuir-
ing property already in public use.
and this will be the mainstay In thu
argument OF the railway COMPANY
against the city. fight to exercise In
alleged authority.
Commissioners Arc Named.
The commissioners appointed in tina
Hastings court to assess the value 81
the property 1T is proposed 70 con-
denim consists OF 0. A. Hawkins. n
A. Catlin. s. T. Beverage. r. III
Newell. E. A. Saunders. Jr. They win
meet on July nth at 4 o'clock. They
may assess all the private propertv
on Fourteenth street, but may nGk
assess any belonging to the Southern
Railway company pending outcome ~
the proceedings in the Law and EQUITY
court.
Under the ordinance approved NAY
6th 1t is proposed to widen Four
teenth street on the west side fror1a
the south line OF Dock street soutli~
wardly to the new Mayo's bridge to-
a uniform width Of eighty feet thu
affording plenty Of room to trafSo
coming from South Richmond over
the bridge to Main street
Fifteenth street Ii also to be widens
ed. and It was contemplated at the
time to go by Fifteenth street through
Franklin. westward on Franklin 10
Thirteenth. and northward on Thir.
teenth to Broad. thus avoiding tho
steep climb up the Broad street Inn
other plans to 80 through to Broa1
street were projected. but the form1
II the only one now psudtu&