The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-07-16
Attempts to Block City's Effort
to Widen Fourteenth
Street.
MAY DELAY CONDEMNATION
Company Asserts That Property
Is Already Dedicated TO
Public Use.

Condemnation proceedings begun yes
'erday in the Hastings Court OF the
city OF Richmond for the purpose OF
acquiring certain strips OF land on
Fourteenth street to be used In widen
Ing that thoroughfare from Main
street to the new Mayo Bridge met
their first check in the form OF an in
junction secured by the southern Rail-
way from Judge Crump. OF the Law
and Equity Court, restraining the city
from pursuing the proceedings as re-
cards the property OF the complainant.
The restraining order is effective an
III July -. when. unless enlarged or
extended by the order OF the court il
stands dissolved In the meantime the
city Is prohibited from proceeding
against the southern Railway with
the purpose OF acquiring by contNmna-
ton the property III question either by
means OF the action now pending in
the Hastings Court or by the instt-
tuition OF new suit.
Denies City's Right.
The case offers the first Instance II
is believed in which the city is re-
strained by court order from putting
into practice tho condemnation right
secured 10 II under its charter. the
charter expressly asserts the City's
right 10 condemn for public uses pr!-
Tately owned PROPERTY
In the bilh.'ot."ce PLANT the south
ern Railway sets up the plea that as
the property In question IS already ap-
propriated 10, and necessary for. the
discharge of a public use. il cannot be
taken for another wholly Inconsistent
public use unless SUCH power has been
expressly conferred upon the city by
legis lat!ve enactment
The city OF Richmond, the railroad
company contends. has never been by
legislative enactment either expressly
or !mp!iedly authorized to exercise the
power o! eminent domain for The talk
ing OF public property In the manner
proposed in the proceedings pending
III the Hastings Court.
Necesnnry to Roud's welfare
The property according to tho
Southern Railways petition, forms :,
necessary and useful part of the pcti-
tioner's yards in Richmond; is part
Of tract covered by tracks and other
necessary improvements. and that part
Of II not now occupied is necessary
and essential 10 the needed enlarge
Inent and development of It's facilities
as common carrier"
Proceedings for the condemnation OF
the property in question, as well as
lands held by dozen or more com
panies and individuals, were author
tied on May by the Mayors sigma
ture 10 f joint resolution directing tho
City Attorney to secure the propcrt
needed for widening the northern APP
proach 10 the new Mayo Bridge
In conformity with the Council resa
luton, II IS proposed 10 WIDEN Fifteenth
Street from Main street To IA point az.
proximately eishty-nvc feet south O.
the south line OF DOCK stree, to
uniform width OF eighty-nvc feet. aut
10 widen Fourteenth Street on H..
west side. from the north line of th,
dock southwardly 10 the bridge. 10
uniform width OF eighty feet.
Ma, Delay city Plans
From the viewpoint OF public con
Nenience. the litigation comes at a mos
inopportune time The new bridge. i
Is expected. VIII DC thrown open 10
traffic on September !. and it's useful
ness VIII be greatly impaired by NJ
inadequate approach on the north sid
OF the river Regardless Of wncthe
or not the injunction viii be supporte
by tho courts, the Southern Railwa,