The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-03-05

Claiming that tho whole procedure
has been illegal and void, c. u. Lang
horne, stockholdor in the Richmond.
fredericksburg and Potomac Railroad
Company, secured yesterday from
Judge r. Carter Scott, Of tho City
Circuit Court, an injunction restrain
ing tho officials OF the company and
tho various State officials from put
ting into effect the compromise agree
ment In regard to taxation, approved
and signed by the president of the
railroad company and Governor Mann
on Monday. BY the terms OF the in
junction. tho disbursing officers OF the
railroad are restrained from paying
out the sums mentioned In the settle
mont, and tho State. county and city
treasurers In the sections through
which the road runs restrained
from receiving such sums. pending u
final determination of the cause Tho
temporary injunction holds until
April 80. unless sooner dissolved, Mr..
Langhorne having given bond in the
sum of $1,000. and assumed all costs
OF tho litigation in the event that he
loses his contention.
Friendly Litigation.
The action was brought with the
full knowledge OF all the parties at
interest to test the constitutionality
OF the act OF tho last General As
sembly, providing for commissi ion
OF five to negotiate with tho railroad
company for settlement OF the tax
litigation. Mr.. d.anghorne gave notice
or his position at the recent stock
holders meeting of the railway COM
pany. and with the consent. If not the
approval. of all parties at interest.
the friendly litigation Is to be held
to determine In tho courts tho exact
validity OF the act in question. 80 that
40 question may arise hereafter as to
the legality of any settlement that
may finally be effected.
Two Arc Far Apnrt.
c Lee Moore, State Auditor OF Pub
lie Accounts. said that from his read
Ing of the bill. Mr.. Langhorne seemed
TO take position exactly opposite to
his own, though both were opposed to
the compromise settlement. Mr.. Lang
horne contends that the railroad is
exempt from taxation, and that any
use of the corporate funds of the COM
pany for payment OF claims for taxes
is illegal
Auditor Moore claims that the rail-
road surrendered its exemptions when
IT left Its old right of way and straight
ened Its lines and that II is now liable
for full taxation. While he agrees that
the General Assembly has q perfect
right to compromise such n claim, he
holds that 1T should proceed In n con-
stitutional way by a general act. and
not be special act for the relief of
this corporation, which he regards as
private and special legislation, specifi-
cally forbidden by tho Constitution. the
Legislature in this case having passed
a special net in respect to taxes al
ready ascertained and assessed. and
which have been sustained In the Su-
preme Court OF Virginia.
Mnny Named ms Defendants
In the bill In chancery, fled by Mr.
rage as counsel for Mr.. Langhorne the
Richmond, Fredericksburg and Potomac
railroad Company, William IL. White.
president; Norman Call. secretary; ID.
kenper kellogg. treasurer, the Com
rnonwealth Of Virginia, G. Lee Moore.
Auditor of Public Accounts; A. w. Har-
man. Dr., Treasurer: William H. Mann.
Governor; r. r. Prentis w. e. Rhea
and j. II. Wingneld. members OF the
State Corporation Commission. and
Martin p. Burke. the last named 6ve
constituting the special commission Of
five. attempted to be created by and
acting under the act approved March
IA. 1912, to provide for the settlement
of differences between tho railroad
company and the State; the city OF
Richmond, James Il. Pace, Treasurer
city of Richmond; the supervisors and
treasurers of Hanover, Henrico, Caro-
line, Spotsylvania, Stafford and Prince
William Counties. the town Of Ashland.
| and the treasurer thereof, and the city