Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1917-06-15
SUPREME COURT WILL
REVIEW T|DEWATER CASE
Grants Appeal From Decision Of Cor.
poration Commission Refusing
Dissolution.
WILL APPEAL ENGINE ORDER
Bond to BE Filed To-Day, in Order
to Contest Order Allowing Re.
ceiver to Dispose OF Important
Part OF Company's Rolling Stock.

The Supreme Court Of Appeals. sit
ting at Wytheville, yesterday granted
counsel for the Underwater and western
Railroad a rehcarng of their petition
for dissolution. fled with the State
Corporation Commission and refused
several days ago In a majority opinion
handed down by Chairman Christopher
b. Garnett and concurred in by Com
missioner J. Richard Wingfleld
The case probably will be heard dur
ing the June term of court at wythe-
vile. each side to the controversy de-
string az speedy settlement as pos
sible of a situation which is causing
grave concern to numerous patrons
along the little narrow -gauged line
which threads Its way from Farmyille
to Bermuda Hundred. Charles v.
Meredith. Haskins iobson, Jr.. and
William NJ. Justis. Jr.. are counsel for
the counties and the shippers affected.
and Assistant Attorney-Genera Leslie
c. Garnett will appear for the State
WILL APPEAL FROM ORDER
AS TO SALE OF ENGINES
simultaneously with the Supreme
Courts action in granting a rehcarine
Of the case. counsel for the affected
counties and shippers yesterday came
to the definite conclusion to file with
the Chancery Court the bond of $500
necessary to appeal from the decision
of Judge Moncure. allowing the re-
VI.
Williams, to sell two OF the company's
engines. The bond will be filed to-day
before l o'clock.
No railroad case in recent years has
attracted the wide attention given to
that of the Tidewater and Western,
which. upon the contention that the
Virginia law concerning corporations
gives each such concern, regardless of
it's public nature, the right to dissolve
upon the unanimous consent of it's
stockholders. applied to the State Cor
poration Commission for certificate
OF dissolution. 1t was argued in the
hearing before that body that the Cor
poration Commission acts simply in a
ministerial capacity. having no alter
native but to issue the certificate
when proper application is made.
RAILROAD SEEKS TO
ABANDON ITS LINE
Chairman Garnett. in handing down
the majority opinion of the commits
sion. refused the certificate, holding
that public service corporation. be-
fore it can dissolve, must give due
notice to the public. which is vitality
affected by it's operation. and submit
TO an inquiry by the commission. Com
missioner Wingheld not only con-
Cured in this view of the case. but
went a step further and held the
statute allowing corporation to dis
solve in the manner sought by the
Underwater and Western to be uncon-
stitutionai. since the object of this
particular part of the act is not e1-
pressed in the title. as provided by
section % of the Constitution.
In dissenting opinion, Judge Rhea,
the third member OF the commission,
held that the function Of the COM
mission in dissolving corporation.
whose stockholders had unanimously
voted for such action. was purely min
isterial. the law leaving no doubt in
his mind that they had a right to dis
solve in certain prescribed manners.
He expressed the opinion that the law
might be unwise. but holds that tho
Legislature alone can change 1t.
The railroad sought dissolution upon
the ground that II has lost money year
by year for series OF years, and that,