Robert Cooper Grier

“ The bill insists that the grant of the act of the 27th of March, 1848, to the Louisa Railroad Company, is inconsistent with the previous grant to complainants, and impairs the obligation of the contract made with them; that the lands condemned for their franchise cannot be taken from the complainants for the use of the respondents, and that they have, therefore, no right to build their road across the road of complainants. ”

“ The counsel, very properly, have not insisted in their argument in this court, on this point made in their bill, that the legislature had no power to authorize the construction of one railroad across another. The grant of a franchise is of no higher order, and confers no more sacred title, than a grant of land to an individual ”

“ For no injury is inflicted on the defendants by requiring them to abstain from what it is their duty to abstain from. While on the other hand, a remedy far more effectual than any at law can be had in equity through its restraining power, which besides awarding the injunction as here proposed, may, and it is submitted, should in aid of such injunction, prohibit through tickets between Richmond and Washington, at points south or Richmond and north of Washington, by the Louisa road. ”

“ Construing this act with these principles in view, where do we find that the legislature have contracted to part with the power of constructing other railroads, even between Richmond and Fredericksburg, for carrying coal or other freight? Much less can they be said to have contracted, that no railroad connected with the western part of the State, shall be suffered to cross the complainants' road, or run parallel to it, in any portion of its route. ”

“ III. If the grant is worth any thing, it is only by giving it a reasonable interpretation, having regard to the end proposed, the general interest of the community, and the power of the legislature; and thus interpreted, it only means that the appellants should have a monopoly of the passengers travelling from Richmond to Washington directly, or to such intermediate point as the Fredericksburg railroad could carry them to. This interpretation the appellants deny, and thus make their grant unintelligible. ”

“ That a court of equity has jurisdiction to protect the plaintiffs in the enjoyment of their chartered privileges, and should award an injunction to restrain the defendants from any acts which would impair the obligation of the contract under which the plaintiffs claim ”

“ The change of the form does not increase the power; the defect still is a want of power. The name of 'contract' cannot conceal or justify the usurpation. The power of internal improvement over the State generally, or over a large portion of it, cannot be bartered away by the legislature. The legislature is clothed with power for the benefit of the people, and the improvement of the State, and a law declaring that it shall not be improved, would be a gross abuse, a usurpation, in fact, of power, which would be void. ”

“ If the opposite conclusion can be maintained, then the monstrous result follows, that the railroad of the appellants is an impassable barrier between Eastern and Western Virginia, which can never, at any point, be crossed by another railroad. ”

“ The writ of error issued under the act of Congress, is to be so used as to effect the object. Gelston v. Hoyt, 3 Wheat. 303. The mandate for execution should issue to the Circuit Court of Chancery for the county of Henrico. ”