The Richmond Virginian. (Richmond, Va.) 1910-1920, 1915-04-15
JUDGE CRUMP RESERVES
DECISION ON J|ThtYS
Counsel for Railway Company Says
His Clients Are Losing $500 Day
From Their Operation.
SHOULD SECURE FRANCHISE
Ordinance Committee of Council VIII
Meet Tonight to Consider Question
Of Regulating JitEcy Operations.
All Interested Invited.

After hearing arguments for ana
against the jitneys, Judge Crump. In
Law and Equity Court, yesterday took
the matter under consideration. and
will hand down his opinion within the
next few days
Inasmuch as the jitney buses have
grown popular with the pubic and are
making inroads upon the income OF
the Virginia Railway and Power Com
pany, that company has asked the
court to award an injunction restrain
ing the jitneys until they have be-
come incorporated and have secured
franchises for the use of the streets.
In speaking to this point yesterday,
Henry W. Anderson, cousel and vice.
president of the Virginia hallway and
Power Company. urged the Injunction
on the grounds that the jitneys were
common carriers. and should be regu-
lated accordingly. He said that his
company was losing $500 a day as d
result OF the operation of the jitneys.
He contended that the jitneys should
not use the streets of the city as they
are now doing without a franchise,
end without proper regulations and
restrictions
Jitneys' lawyers Reply.
Asststant-Attorney General Garnett
And T. Z. 0Flaherty. representing the
owners OF 1itneys. opposed an injunc-
ton. and stated that the titneys were
not taking advantage OF the streets
anw more than any one else could,
The street car company tore up
Hreets. condemned property. and did
airnost as they pleased. and naturally
a franchise was necessary In order TO
keep the company under control.
"A franchise gives the right to DO
. thing which otherwise cannot he
done" Mr.. Garnet said, and the
franchise carries with II the idea OF
prohibition. A council can grant a
franchise or II can refuse It. It can
in its refusal, however. only prohibit
Illegal acts. II would BIO Illegal for a
street railway company to operate
| in Richmond without franchise. and
II could not be done. IL is not Illegal
for rtneys to be operated without a
franchise. and il Is being done. for
every citizen of Richmond has right
Eproper purposes. and carrying people
FOR hire Is certainly 81 legal and a
Eproper occupation
For the sake Of this argument let
us admit that q jitney ia public
carrier Now. IL j!tneys must have 1.
franchise. 1t means that the franchise
can be refused IL the Council so de-
sires. In other words. If MIR. Ander-
sons argument is good. II means that
the Council can prohibit 3itney buses
from operating in Richmond and car
prevent their operation. And If n
man wishes tn operate iitney and II
willing 10 DO what the laws require
! think II Is absurd Ia say that the
Council can prevent him
Competition Not Illegal.
Mr. o'Flaherty said:
Now he fact that the tttney is TAX
! ing money from the company iss in
terestinr hut not a point upon which
action can I've based for. competition
Ii n6t Illegal; and 4 the jitney IS a
frensmon nuisance il IS a matter be-
tween the 5itrey and the city. and my
lea rned friends allegations are. there
fore. without standing
The iiiney company has no rights
III a street that anyone else does not
enjoy. The street railway company
can tear up streets condemn right
of-way through private property, lay
ties and rails i'm the streets. retain
Ownership OF these Ties and rails and
absolutely block traflir in the prose
cut.on 81 extensions or repair work.
"Jitneys do not enjoy these privi-
leges. and the fact that jitueys charge
ID certain fare has nothing TO do with
u II q man mas tue TlEHI 10 run q
car he can charge as much or a. little
as he pleas.s. After "a man has taken
out license to practice law he can
charge big fees or small fees or prac-
tice for nothing IL he wants TO. and he
will he wholly and absolutely within
his rights"
Committee Meets Tonight.
The Council Committee on Ordiu-
ances will meet tonight to consider an
ordinance designed b. the City At
torney to regulate the operations o!
the jitnev hus All interested citizens
are invited 10 he present al the meet
ing Sentiment in the committee Is
divided. Several members desire a
heavy bond. while others do not. be-
lieving that reasonable regulation is
all that anyone wants, and that the
jitney operators themselves want reg
uiation