Chap. 316.—An ACT to provide for a compromise and settlement of certain
contentions and differences between the commonwealth and its political
subdivisions, upon the one part, and the Richmond, Fredericksburg
and Potomac railroad company, on the other part.

Approved March 14th, 1912.

1. Be it enacted by the general assembly of Virginia, That
the governor and the three members of the State corporation
commission, together with a fifth man to be selected by the
affirmative vote of any three of the above-named four officers, be,
and they are hereby, created a special commission of five, with
power and authority to represent, act for, and bind the common-
wealth and all its political subdivisions, in negotiating and exe-
cuting a contract with the Richmond, Fredericksburg and Poto-
mac railroad company, for a compromise, adjustment and set-
tlement of certain matters between the commonwealth and that
company, as hereinafter in this act specified. Should any per-
son selected as the fifth member of said commission die, resign,
or decline to act, the above named four officers shall forthwith
select (in the manner above specified) another person to consti-
tute the fifth member of said special commission, so that the full
membership of said special commission be preserved until its
duties shall have been completed. Four members of said special
commission shall constitute a quorum for the transaction of busi-
ness; and a majority of any such quorum shall decide and con-
trol the action of said special commission. Any and all contracts
made by said special commission with said railroad company,
under the authority of this act, shall be signed “commonwealth of
Virginia, by ............ , Special commissioners” (the blank
being filled in with the personal signatures of at least three of
said special commissioners), and shall have duly affixed thereto
the lesser seal of the commonwealth, and shall also be signed
with the name of said railroad company by its duly authorized
representative, with the corporate seal of said company duly
affixed thereto. Any and every such contract shall be executed
in duplicate, and one original shall be delivered to said com-
pany, and the other shall be filed with, and permanently pre-
served by the State corporation commission as a public record,
and a part of its official archives. When any such contract shall
have been so executed, it shall be binding as a contract upon the
commonwealth, and all of its political Subdivisions and upon
said railroad company, its successors and assigns. —

2. The power and authority of said special commission shall
include the right to make, by contract as aforesaid, a compromise,
adjustment and settlement of all questions regarding the liability
of said railroad company for State or local taxes or public dues
or charges, heretofore or hereafter assessed or assessable against
it, or against or upon its franchises, business, property, income,
or otherwise howsoever, as well as all questions regarding the
liability of said railroad company for any interest, costs, for-
feitures or penalties because of its failure heretofore to pay any
taxes, public dues or charges, or to make any reports in connec-
tion therewith, and such power and authority shall also inctude
the right to contract for a compromise, adjustment and settle-
ment of all matters involved in, or affected by, any of the suits
or legal proceedings now pending between said company and the
commonwealth, or any of its officers or representatives, in the
circuit court of the city of Richmond, or in the supreme court
of the United States. It shall not be essential, however, to the
validity of any such contract of compromise, adjustment and set-
tlement made under this act, that it shall (either by itself, or in
connection with other contracts made hereunder) cover and in-
clude all the matters which said special commission may have
power to compromise, adjust or settle; but said special commis-
sion may, in its discretion, compromise, adjust and settle any
part of the several matters or things which it is authorized to
compromise, adjust and settle, leaving the residue to await the
result of litigation or further negotiation.

3. Within the limitations in this act specified, said special
commission shall have plenary authority to negotiate and contract
for such terms, conditions, details and provisions as it may deem
best, and to make one or more contracts of compromise, adjust-
ment and settlement until the entire subject matter, as specified
in section two of this act shall have been fully and finally dis-
posed of; provided only, that no contract made under this act
shall be valid unless it (taken in connection with all previous
contracts, which shall have been made hereunder) shall provide
that, irrespective of the result of any of said now pending suits
and litigation, said company shall, at least (1) promptly pay all
franchise and property taxes assessable against it by the com-
monwealth for the years nineteen hundred and eleven and nine-
teen hundred and twelve, under the laws applicable to railroad
companies generally, for those years; and (2) hereafter regularly
pay all State and local taxes which shall be assessed against said
company after the year nineteen hundred and twelve, in accord-
ance with the valid laws (in force at the time) equally appli-
cable to all railroad companies chartered under the general laws
of this commonwealth since May twenty-first, nineteen hundred
and three; and (3) amend its present charter so as to be placed
on a footing with railroad companies chartered under the genera]
laws of this commonwealth since May twenty-first, nineteen hun-
dred and three, by availing itself of the provisions of an act of
the general assembly of Virginia, passed or to be passed at its
present session, entitled “an act concerning railroad companies
in which, or in the stock or securities of which, the common-
wealth owns, or is entitled to, any proprietary rights or inter-
ests.”