The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-06-09
NO LEGAL RIGHT TO
DESTROY TRACKS
H., +. and P. President Urges
City to Proceed Equitably
in Removal Plan.
CHAMBER ONCE OPPOSED 1T
Passed Resolutions in 1891
Against Exclusion of Trains
on Connection Line.

The failure last week OF Chairman
Vonderlehr to secure a quorum of the
| Council subcommittee appointed to re-
port on the removal of the railroad
tracks from Broad Street, forestalled
an interesting presentation Of the case
for the Richmond. Fredericksburg and
Potomac Railroad, which would have
been made to the committee by Presi-
dent w. H. White, of that road. Mr..
| White. together with other officers of
the road. were on hand Al tho City Hall
at the hour named, but with the ex-
ception Of Mr.. Vonderlehr the subcom-
| mfttee did not report
| Mr.. Whites position is particularly
Interesting in view OF the opinion rem
| dered on the question by City Attorney
| Pollard, who advised the subcommittee
| at its first meeting that while the
! Richmond. Frederick sburg and Poto-
| mac Railroad and the Connection Com
| pany, which owns the track between
7 Elba and Byrd Street Station, have an
unassailable title to the tracks in ques-
! ton. the city cooid impose such re-
strictions as 1t saw fit upon the opera
| ton of trains over them within the
Should Proceed EquitabIy.
| Temporarily delayed by the failure
! Of the subcommittee on Streets to mus
! ter quorum, Mr.. White expressed his
| views fully two days later at the Union
| Station hearing before the Special
Council committee appointed for that
! purpose. 1t would be contrary to good
| law and morals. he told the committee
! fer the city to destroy the property Of
! the Connection Company by imposing
| on 1t restrictive conditions with which
! IT could not comply. The same thing
| he said, applied to the tracks of his
| road on Broad Street. If the city de-
sired to recall the right to use these
! tracks, he said. 1t should do SO upon a
broad and equitable policy. With re-
gard to the movement to compel the
| Two companies to remove their tracks
| from the streets, President White said :
The Connection Company owns the
| road from Byrd Street Station to Elba
| Station. with State and municipal
| rights which cannot be ignored nor
justly disregarded. IT was built in
1867, not only by authority of the State
of Virginia. but equally by that of the
city of Richmond. When constructed
1t was built for the most part, on its
own acquired right of way. which was
then outside tho city limits These
rights were given because it was
/ deemed that the road would benefit
/ the city and State. 1t has demon
strateo during the forty-od years Of
its existence that II has been of the
greatest benefit. and stiil is. as fur
nishing the link In the causeway be-
tween the North and the South.
Chamber Opposed Removal.
AS operated. the inconvenience to
the people is little, II any. greater than
II was ten or twenty years ago. In
deeo. IN 1891, when the city authorities
proposed to forbid the use of the con-
nection track by certain passenger
trains a strong public sentiment was
aroused against such contemplated ac-
ton, and the Chamber of Commerce
OF Richmond adopted the following
resolutions:
Resolved. That this chamber views
with grave apprehension the effect
which the said ordinance may have
upon the prosperity of the city and
the convenience of it's citizens, and
most earnestly urges that the said or
dinance be SO modified as to exclude
only the said through freight trains
AcquiescinE in such opinion. the
Council modified It's action, and the
trains have continued to be operated
over the connection railroad When
I the Florida Special was installed 1t
was at frst operated around the city
via the Belt Line. but in compliance
with the urgent request or the Cham.
Der of Commerce. 1t, together with an
other through passenger train. was
run through the city over the connec-
ton track.
Should Not Destroy Property.
Under all these circumstances 1t
would be contrary to the law and good
morals to destroy the property of this
connection company by imposing on
ii such restrictive and prohibitive con-
ditions 1t could not reasonably com
ply with. ! take II that the city Will
act upon different moral principle
In this matter than SC would counte-
! nance in an individual. II that which
for years was encoura ged as n benefit
has now become an undesirable bur-
! den, then the city should acquire Its
property in some fair and equitable
I manner. and not indirectly destroy 1t
by imposing impossible or Impractical
BILE conditions to its use
What has been said OF the connec-
| ton company. with its tracks from
E;lba to Byrd Street, applies with equal
force TO the tracks of the Richmond.
Frederick sburg and Potomac Railroad
on Broad Street. between Elba Station
and Harrison Street. This part OF
Broad Street was occupied by Ieeisla-
tive authority before the city limits
/ were extended. AS part Of the main
/ line between the North and the South.
it has been of incalculab BILE advantage
| TO the city and State. If now. for any
reason. the city wants to recall the
ancient rights of the com any. it should
do so by broad and generous policy.
and not by an arbitrary or destructive