Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-05-29
POLLARD RULES ON
NE " RANCH|SE
Holds That Company's Surrender
of All Rights Is Condition
Precedent to Sale.
SAYS BIDDING MUST BE FREE
Contract Made Prior to Sale
Should Guarantee Successful
Bidder Full Possession.

In an opinion transmitted yesterday
to the Council Committee on Streets.
CITY Attorney Pollard, ruling on the
Councils right 70 dispose of a new
franchise granting the right TO onerate
cars on routes now controlled under
existing franchises or on other streets
that may be designated. holds that such
iranchise cannot he legally granted
unless in tho Councils opinion, the
streets on which cars are now oper-
ated are wide enough to accommodate
another line.
On one condition, however. Mr.. Pol
lard holds, the Council may authorize
the sale of franchise rights along
streets on which there are still in
force other franchise rights previously
granted.
MUST AGREE BEFOREHAND
TO UNCONDITIONAL SURRENDER
An ordinance dsposing of such
rights, In order to be legal MIR. Pol
iard hoids, must contain provision
making II of no force and effect until
the corporation having the existing
rlghts mad. by proper contract with
the city OF Richmond. surrendered such
rights Internationally to the city, to
be effective when the new franchise
had been let TO the successful and ac-
cepted bidder for franchise rights"
whether such successful bidder prove
to be the company in possession or
some other person or corporation.
Unless the Virginia Railway and
Power Company is willing to take tho
attitude just outlined, the City Attor-
ney advises the committee, the com
pany's petition for a new franchise
should be returned to the Council with
the recommendation that il be not
granted
Mr.. Pollards opinion was furnished
the committee in conformity with a
motion passed by it at its last meeting.
asking for ruling on the legal righ,
of the Council to grant new franchise.
1t is the first time that the City At
torney has sent to any councilmanic
body an expression on the legal aspect
OF the pending franchise application.
| TO CONSIDER OPINION
AT MONDAYS MEETING;
The communication will he formally
placed before the committee at its
! meeting Monday afternoon. \ heavy
docket prevented it from taking up its
consideration yesterday.
The opinion is regarded as of the
hFst slEnihcance. Councilmcn who
have given much time TO a study Of
the franchise question admitted yestcr-
day that the ruling has further com
plicated an already highly involved
problem. One member of the commit
tee saw in the situation the elements
of deadlock. which may keep the
company and the city on opposite sides
OF an essential consideration
President Thomas s. Wheelwrich,
and Vice President Henry W. Ander-
son. OF the Virginia Railway and
Power Company. were both out Of the
city yesterday, and could not he
reached for an expression of an opin-
ION on the new development
POLLARD TRANSMITS
OPINION on FRANCHISE
The City Attorneys opinion adj
dressed to the Council Committee on
Streets. dated May %. follows in full:
Complying with your request COM
municated through your clerk. under
date of May 90, 1915. TO give full cX-
preston of my views Concerning the
rights of the City Council 10 dispose
of the franchise at this time for the
operation of cars along the existing
routes controlled by any OF the street
railway companies in this city under
franchises now in force as we'll as any
other route or routes that the Council
may designate in a new franchise" I
beg to make to your inquiry. which is
or more than ordinary importance, the
following response:
l. The evident object of the consti-
tutional provisions contained in sec
tions l24 and 125 and OF sections
l033d. 1033e and 1033f of the Code of
Virginia. 1904, carrying out said pro-
visions of the Constitution. was that
there should he competition in the
bidding for franchise rights on the
streets of the municipalities of the
commonwealth, that in that way an
adequate price might be obtained COM
mcnsurate with the privileges proposed
TO be granted. With this object in
view, ii is very clear to me that the
Council cannot legally undertake to
grant at public sale, in tho mode pre-
scribcd. general franchise to operate
street railways in the city of Richmond
along and over routes on streets al
ready granted to n corporation except
in such cases where the Council, in
the exercise of sound discretion, be-
lieve that second route and line
the same strect-that Is. that by rca-
son of the width Of the street two
routes or lines might be located
thereon.
DESCRIBES MANNER
OF LEGAL SALE
2. But am OF opinion that the Coun-
Gil might pass an ordinance authoriz-
ing the sale of franchise rights along
streets on which there are already
franchise rights granted which had not
expired. making such ordinance OF no
force and effect until the corporation
having the existing rights had. by
proper contract with the city of Rich
mond, surrendered such rights uncon-
ditionally to the city. to be effective
when the new franchise had been let
to the successful and accepted bidder
for franchise rights, at a bidding au-
thorized and conducted in the mode
prescribed by law.
8. In the petition Of the Virginia