The Richmond Virginian. (Richmond, Va.) 1910-1920, 1914-02-06
POLLARD AFTER
c|TY'S INTEREST
WILL OPPOSE PRIVATE COMPANY
IN EFFORTS TO CONTROL
CANAL.
COMMITTEE TO MEET
CoUNCILMEN TO CONSIDER STEPS
TO TAKE CONCERNING BILL
BEFORE STATE
SENATE.

SENATE.
Chairman Morgan r. Mills has called
the council committee on utilities to
meet this afternoon at o'clock to con-
slider steps to be taken concerning SEN
ate bill No. 263, now pending.
This bill. introduced by Senators
Hartman and Wendenhurg. is designed
to give to the Chesapeake and Ohio
railroad company the right to dispose
of its claim, IL 1t has any. in the James
river and Kanawha canal to the James
River and Kanawha Power company.
The latter company, according to
w. p deSaussure. its attorney. has
just been organized. incorporated and
chartered, and stands ready to spend
all kinds of money for the develop
ment of the power of the canal
Mr.. de Saussure said last night that
his company had plenty of funds and
meant business. The development of
the power will be Of vast benefit to the
city, according to the lawyer for the
company, and will IN no way inter
rere with the further development of
the water plant.
Would Hold Waterfront.
city Attorney Pollard. however. feels
the injection of such company along
the waterfront. and il is believed he
will oppose any proposition looking TO
the taking over of the canal rights.
The city is now considering the pro-
position OF taking up all the rights
from Bosher's dam to Belle Isle, which
matter came from the administrative
board in order to enlarge and save
from future harm the water supply
Of. Richmond and IL is because of this
that the city attorney believes steps
should be taken to prevent an outside
party getting control of the canal.
The question will be fully discussed
at the meeting of the committee this
afternoon.
In reference to the question Mr.. de-
Saussure last night said
The bill does authorize the Ches-
apeake and Ohio railway company to
sell its canal from Bosher's dam. in
Guiding the pond made by the dam, to
the Richmond docks How this can be
menace to the city's interests is
quite incomprehensible.
The Company's Side.
"The city under contract made March
3. 1914, with the James River and
Kanawha company--then operating the
canal as q transportation line--under
which 1t was granted site for the
new pumphouse. and also the right
to the perpetual use Of all the water
flowing through the canal to the three
mile locks and the right at Its own ex-
pense, to raise Bosher's dam four feet
and to enlarge the capacity of the,
canal. In the fourth paragraph OF the
contract, It was provided:
Amy purchaser of the works. prop
erty and franchises OF the James River
and Kanawha company shall take the
same subject to this covenant. which
is declared TO be a covenant running
with the land."'
This covenant being in effect that
the James River and Kanawha COM
pany and its successors in title shall
be liable for any damages resulting to
other persons from the use of the wa
ter granted to the city.
The right was granted to the city
to take at once 283 cubic feet per
second. and to increase that to 7o5
cubic feet (the then estimated ca
pacity OF the canal), II the extern
sion of its work she uld require 1t.
The tenth clause provides in ef-
feet that no purchaser from the
James river and Kanawha company.
which should build a railroad along
the line OF the canal, should SO con-
struct its works as to diminish, or
put to hazard. the supply Of water
to which the city Is entitled under
this contract. or TO put the city 10
any additional expense.
The consideration for this con-
tract was not cash. but release by
the city of its claims against the
James River and Kanawha company
(then insolvent). for which that COM
pany had agreed to give the city
100000 OF its second mortgage
bonds.
Each successor in title to the James
River and Kanawha company has
been obliged to respect this contract,
and both the Richmond and Ale
ghany railroad and the Chesapeake
recognized by additional contracts
which have in some respects enlarged
its terms so far as the city Is con-
cerned.
The purchaser who will take un.
der the bill now before the legisla-
ture must take, and Is required by
! the bill to take the property subject
| to this contract. and to all the other
| existing contracts as to which the
| Chesapeake and Ohio Railway COM
pany is now subject, and is required
| by the bill to respect and maintain
them.
The company named in the bill.
the James River and Kanawha Pow
| er company, Is public service cor
poration chartered under the laws Of
| Virginia. and subject to the super
vision OF the state corporation COM
mission under the general laws, and
under a special law relating to the
purchasers Of the James river and
kanawha canal and their successors
In title. which provides in reference
to the act OF February. 1879. au-
thorizing the sale Of the canal. that
the State corporation commission
shall have authority, upon applica-
ton Of any parties interested, after
due notice to parties in interest. to
judicially hear. and to determine
whether or not any obligation or duty
! imposed by the said act upon the
purchaser Hereunder. or Its successor
! In title, has been sufficiently COM
piled with, or otherwise discharged.
| and what constitutes such compli-
ance or discharge"
| Under this provision the State cor
| poration commission will have COM
! troll and supervision over subject
matters affecting tho James River
and Kanawha Power company. which
| II has over no other transportation.
| transmission or public service corr
| porati0n. and they seem to be es-
| pecially the matters about which Mr..
Pollard is especially soIicitous. He
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