Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1914-12-05

cept such as AFFORD the most direct
route from the lot herein described to
Semmes Avenue: and nothing herein
contained shall prevent the party OF
the nrst part from erecting, putting
down and maintaining gas, water and
electric works, pipes. wires and tracks.
and fixtures to erect, put down and
maintain the same, along or under the
said streets. alleys or bridges. and the
laying and using of the Same SHALL not
be considered as In any way limit
ing the use or enjoyment OF the proper
ty herein described,
RESERVATIONS "OF NO
FORCE AND EFFECT.'
lii the deeds executed by tho High
land Park Development Corporation,
similar reservations are made. With
respect to the exclusive claims OF this
company. the City Attorney holds, in
IA separate opinion. transmitted TO the
board yesterday, that the reservations
are "of no force and effect. and that
the streets laid down on the plan OF
division became public highways. sub
jcct to the control and management OF
the public authorities, and upon an
nexation to the city of Richmond be-
came public highways OF tho city
Mr.. Pollard quotes from three OF the
foremost authorities on municipal cor
porations to the effect that the dedica-
tor cannot attach n condition which
will destroy the chief characteristic of
the purpose OF the dedication Or take
the property from the control of the
duly authorized public officer, or a con-
dtion which is against public policy"
QUOTES MANY ACKNOWLEDGED
CONDITIONS ON MUNICIPAL LAW
"Fhc donor cannot annex to the dedi-
cation n condition that the way shall
be under the control OF other public or
corporate officers than those invested
by Law with the government of the
q LIT ,t11,
are situated" says another authority
cited by Mr.. Pollard, nor can he, ms n
rule. ut least, annex any condition
which will haye tho effect to take from
the proper local authorities the power
to improve tho way In tho Same mode
NJ other public ways OF the locality are
improved"
The city attorney cites a parallel
Texas case, in which tho courts held
that reservations OF the kind under
consideration are null and void. because
they create monopoly, uili seak to
withhold from the city authorities tho
control OF matters of prime public i'm
portance which are not only commonly.
but universally. under public control
While the restrictions referred to are
held by the City Attorney to be in
valid. the validity of the transfer of
the title TO the lots in Woodland
Heights from the Southside company
TO the grantees, he holds. Will not In
nny substantial way. be affected. The
general rule will hold that the con-
dition will fall and the grant Itself
stand.
WILL NOT PREVENT
COLLECTION OF WATER RENTS
Nor Will IT," MT. Pollard continues.
prevent the Soutllsidc Water and
Sewerage Corporation from collecting
from the owners or their tenants the
compensation agreed to be paid to such
company by such persons rs are water
takers, and such as are using the saw
ers installed by the company In the
streets or alleys of Woodland Heights.
| so long ns they continue to use water
and sewerage from the company.
Tho city OF Richmond may, in the
exercise of its police power. proceed
without any Limitation whatever to in
stall sewers, water and gas mains,
OF poles andk conduits in tho streets streets
and alleys OF said suburb; and If the
city deems that the public health or
the city demands. it may require the
property owners now using the watcr
pipes, sewer or gas pipes of the South
side Water and Sewerage Corporation.
TO connect with its own public utili-
| ties and use tho same"
Mr. Pollard asserts further the right
of the city 10 acquire the installations
owned by the Southside company by
purchase or condemnation, and to use
them in furnishing water and sewcr-
age to the occupants of lots in Wood
land Heights upon tho sasne terms and
conditions that It furnishes such util-
| tiles in other parts OF the city.
CITY CAN CHANGE
LOCATION OF MAINS
| The city can also, Mr.. Pollard holds,
! change the location of tho present
water mains and sewers. II such
changes are made necessary by the
| grading OF streets or by the installa-
ton of water or sewer pipes by the
city itself.
In third opinion submitted to the
board yesterday, Mr.. Pollard gives his
advice on the offer of the Norwood
Sewer and Water Corporation to sell
| TO the city for $4,000 its sewerage
| rights and installations in the north
| ern suburbs.
In my judgment" Mr.. Pollard ad-
| vises. 1T VIII be time enough for the
city TO take up the question OF the
! purchase of tho system when the sur
! veys OF the annexed territory have
been made and tho definite lines of the
streets and alleys established, the do
! ing OF which. / am advised, Will con
! sumo not less than one year and prob
ably more, and when thereafter the
grades of the streets in which the
sewers OF tho company arc located
have been established.
! 1T goes without saying that the
value OF the sewers must largely de-
/ pend upon their location, with refer
ence to the grades OF the streets.
! Until this is done 1t seems to me that
| il is next TO impossible for any re-
! liable esti9late of the value Of the
| property 10 be made, so as TO enable
YOU 10 recommend TO the Council the
real value Of the property proposed by
The company to be sold to the city,
Swallows Soapfnc.
Ida LiEgon, colored, OF 724b North
Ninth street. mistook n Bottle of SOAP
| Inc Yesterday for some medicine sh q hal