Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-04-13
SEEKS INJUNCTION
AGAINST J|TNEyS
Virginia Railway and Power
Company Asks Protection
From Free Lances.
JUDGE CRUMP HAS PETITION
Car Company Says Gasoline
Lines Are Like Enterprises"
and Require Franchise.

Charging that tho business which the
defendants are undertaking to conduct
Is without authority of and In conflict
with the law. and that It constitutes n
common nuisance by which tho COM
plainant Is specially damaged. the Vir-
ginia Railway and Power Company ap-
Piled to Judge Beverly r. Crump. OF
the Law and Equity Court. yesterday
for an injunction against the Jitney
Association, Inc. and the Richmond
litncy Bus Company, Inc. 10 restrain
them from operating motor passenger
vehicles on the streets OF the city for
hire without first obtaining a fran
chiae.
Judge Crump entered an order citing
The defendants to appear before him
in the Law and Equity Court at II
o'clock Tomorrow morning. TO show
caune why An injunction should not be
issued against them, in accordance with
the prayer OF tho bill filed by the Nir-
gin!a Railway and Power Company.
RAISES QUESTION AS TO
LEGAL STANDING OF JITNEYS
Tho filing OF tho bill by tho street
car company brings TO sharp Issue
The question OF the legal standing Of
the Jitney bus traffic Tho City At
tiiney busses is not a like enterprise"
TO that OF the operation OF street rail
ways. and that Il Is not necessary to
secure franchise 10 conduct sucl!
BUSINESS
Counsel for tho Virginia Railway and
Power Company holds that tho titney
bus Is common carrier in tho same
sense that street car !s n common
carrier, and that both. therefore.
should be subject TO the same munich
pal and constitutional provisions gov
erning the operation OF such public
service utilities
Section l2+ OF the Constitution OF
Virginia provides that
NO street railway. gas water. steam
or electric heating, electric light or
power cold storage, compressed air
viaduct, conduit, telephone. or bridge
company. nor any corporation. associa-
tton, person or partnership, engaged in
these or like enterprises. Shall he per-
rnittcd 20 use the streets. alleys or
public grounds OF n city town with
out the previous consent OF the cor
porate authorities or such city or
town"
COURTS TO DECIDE WHETHER
JITNEYS ARE LIKE ESTERpRIsE'
Whether or not jltney bus operation
is like enterprise" 10 the businesses
described In the section just quoted
remains TO be decided by the courts
The City Attorney has held that il is
not. The company's counsel holds that
II is. The construction placed on this
section by the Law and Equity Court
IN passing upon the conpany's PRAYER
for an injunction. will be OF the frs,
Importance. not only to Richmond but
20 the country at large. which is very
much enErossed AT present with the
jitney bus problem.
Counsel for this company are OF the
opinion that n franchise Is necessary
TO operate bus service whatever
may be tho nature OF tho vehicle" said
President Thomas S. Wheelwright. of
the Virginia Railway and Power Com
pany. yesterday. Our very able and
experienced City Attorney has n diff
ferent view, and we have great re
spect for his opinion. But this is
new question. and the courts are es-
tablished to determine just such ques-
tions. n n franchise IL necessary, the
company desires to have this question
settled, so that II can meet the situa-
tion and render a service free from
legal difficulties
COMPANY OBJECTS TO
UNFAIR COMPETITION
There is no disposition TO drive the
jitncy bus from the streets, but we do
object to unfair competition II n
franchise is not necessary. then we can
render the service. II 1t is necessary,
then we think il should he secured
application is also pending for a
new street railway franchise, and the
determination of the legal status OF
this matter has a direct bearing upon
this application. If the transportation
business can be conducted without a
franchise. then the privilege of using
the streets. for which the company Is
paying large sums each year, Is OF no
value. Indeed. II is n question II tho
franchise is not n liability instead OF
an asset OF course, IL we can do the
transportation business without n fran
chtse and the obligations which II i'm
poses. the new franchise Is unneces-
sary and undesirable.
The company desires to have all
these questions finally determined as
promptly rs possible"
BILL. SETS FORTH
CoMPANY's RESTRICTIONS
Tho bill Of complaint embodying the
company's prayer for an Injunction Is
n document of twelve typewriter
pages. which sets forth categoricaIy
the numerous restrictions az to sched-
ulcs. rates OF fares. taxes on gross re-
ceipts and various other duties and oh
legations imposed upon the complain
ant by the several franchises under
which 1t operates.
After quoting section 124 Of the Con-
stitutlon, describing what enterprises
must obtain the consent Of the mu-
ncipal authorities before they can
have the use Of streets and alleys, the
bill complains:
THAT within the last two or three
weeks the defendants have begun the
operation of gasoline motor cars Of
various designs and makes along tho
streets Of the city OF Richmond. and,
among others, the streets upon which
CONTINUED on Third Pare1