The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-02-05

deemed advisable to segregate the
canal property of the Chesapeake and
Ohio Railway Company ut and near
Richmond. from its railway property as
far as possible:
BE 1t enacted by the General As
sembly of Virginia, that the Chesape
and Ohio Railway Company be, and It
Is hereby, authorized to sell and con-
vey to the James River and Kanawha
Power Company, It's successors and as
signs, the canal formerly owned by the
James River and Kanawha Company,
between Bosher's Dam and the east
ern face OF the masonry of the first
lock- above tho ship lock, including
Bosher's Dam and pond. and so much
of Its real estate, riparian and other
rights and property az may be nee
essary and appurtenant, or that may
contribute to the use thereof. upon
such terms as tho Chesapeake and
sonable and proper. and 1t shall BIO
lawful for tho James River and
Kanawhn Power Company, its sue
ces3ors and assigns, to purchase and
hold said property upon such terms,
and to execute a lien or liens upon the
property so purchased and Its profits
and franchises. or any part thereof. to
secure the payment OF the purchase
money, or the payment of any money
which the said James River and
Kanawha Power Company, Its success
sors and assigns, may deem advisable
to raise for the purposes of the COM
pany."
Railroad Relieved From Responsibility.
Further sections of the bill provide
that when the property has been so
purchased by the James River and ka-
nawha Power Company, 1t shall be
completely vested In 1t and its assigns
forever; and that company shall be
regarded in law as the successors OF
the James River and Kanawha Com
pany, and it's successors and assigns, as
respects the canal property and rights.
and the Chesapeake and Ohio Railway
Company shall thereupon become and
be released and discharged from any
and all duties. obligations and liabili-
ties imposed by law In respect to said
canal property"
While, under the terms of the bill.
the James River and Kanawha Power
Company expressly agrees to continue
to furnish water for the operation of
the Richmond Dock. now the property
OF the city of Richmond, and that "all
existing contracts for water privileges
along the limo OF said canal between
Boshers Dam and the eastern face Of
the masonry of the first lock above the
ship lock shall be respected and main
tained," and to maintain at least tho
present water supply of the canal" Mr.
Pollard said the city had no knowledge
of the financial responsibility or per-
mancnce of company not yet In eX-
istence. It's contract was with the
Chesapeake and Ohio Railway Com
pany, and he regarded both the sup
ply of water for the operation OF tie
dock and tho power for pumping wa
ter into the new reservoir to be too
important to he transferred. after the
city had paid 100000 to bind per-
petual contract
May Sell to Some Other Company.
Further the bill provides In section
that, in the event the sale to the
James River and Kanawha Power
Company Is not consummated within
twelve months. or that the railroad
and that company fail to agree on the
terms Of sale, then the Chesapeake
and Ohio Railway Company rs hereby
authorized at any time thereafter to
sell and convey the property herein
described to any purchaser. not n
transportation company. who may be
approved by the State Corporation
Commission"
why not transportation COM
pany?" asked Mr.. Pollard. so long as
this contract Is with n railroad we
have the right to apply to the Corpora
ton Commission Immediately for re-
lief in the event II Is not complied
with II the dam Is not maintained. or
the canal kept clear so as to furnish
the amount of water specified for
pumping and the volume of water re-
CURED for the operation OF the Dock.
If owned by other than transporta-
ton company, this could only be main
tanned by Ions drawn-out litigation.
While that is going on. Richmond peo-
| pie might be carrying water from the
river In buckets and the ship dock
for which the city has recently paid
$4,000 would be dry"