1908 - Would Benefit N. & W. Railroad

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Roanoke Times - February 28, 1908

WOULD BENEFIT N. & W. RAILROAD

Bill in Legislature That Will Down Opposition to Bedford Cut-Off

   Senator Hart has charge of a bill now pending before the state 
senate, which seeks to give the Norfolk and Western railroad relief 
in connection with some opposition which the road has encountered in 
building the cutoff through a part of Bedford.
   The bill originated in, and was passed by the house, apparently 
without opposition. It is known as house bill No. 37, and purports to 
authorize any railroad company, with the consent of the state 
railroad commission, to construct, purchase or take a lease of any 
railroad not exceeding twenty-five miles in length, which will 
furnish a cut-off or connecting line for the more efficient and 
economical transportation of traffic.
   It was brought out in the discussion that the Norfolk and Western 
had attempted to build a spur or cutoff from its line in Bedford 
county, but had met opposition in the efforts to condemn rights of 
way. The proposed cut-off not being included in its charter 
privileges, it was force to suspend work after constructing a portion 
of the new line, as the courts declined to aid it in the matter of 
condemnation.
   It was also brought out that the Norfolk and Western, under its 
charter, enjoys the special privilege of immunity from having its 
rates or tolls regulated by the corporation commission, or by the 
state, until the stockholders of the road are reimbursed for certain 
costs of construction and improvement, and the earnings shall have 
reached a certain net amount.
   The Norfolk and Western desired to retain these privileges and 
immunities granted years ago. It also wants to go ahead with the 
construction of the new line, or cut-off. It could get the right to 
build the cut-off by securing and amendment to its charter. But the 
new Constitution says that a condition precedent to any application 
for amendment to the corporate charter of a railroad company must be 
the surrender of all special privileges and immunities, and a getting 
down of the road to the same basis as any other railroad corporation 
organized under this new fundamental law, and subject to its provisions.
   The Norfolk and Western does not want to surrender the special 
privileges it has enjoyed so long. It did not seek and amendment to 
its charter which would bring it under the provisions of the constitutions.
   It was admitted by Senator Hart, who has charge of the bill on the 
senate floor, that the Norfolk and Western was alone interested in 
the measure, and that it was introduced for the purpose of enabling 
it to go ahead with its new line.
   Senator Strode opposed the bill, and said that the Norfolk and 
Western had its remedy by amendment to its charter, and he was 
disposed to insist upon all railroads being put on the same footing.
   Senator Halsey said the precedent was dangerous,  and if 
established would open the way for all railroads to get around the 
constitutional restrictions and limitations by applying to the 
general assembly for special legislation.

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- Ron Davis, Roger Link