Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1843-04-29

~ '''' '"''"-Noh we lhcn suppose mat IN lls one
lari'Sular The Legislature intended TO aflix proyr
Ion Which. should nnuul tho other provisions OF
ne act, 10y prescribing a limit for he completion
Anein which II manifeslly impraciicable for
he company come We hold hat uudrr these
circumstances, the natural and almost necessary
construction OF the act OF the legislature was
hat the pruvisiOl as 10 time was overlooked ino2-
native. or that the virtual faith Of the state had
been by the charter, pledged To an extension o.
| tune
Il Is manifest HAT the construction Of the road
Mould never have beer entered Upon b, the original
roIecors. had they not expected ultimately to con.
niue the same To its c1nnec,iun WIN the Western
waters. which they bad every reason to suppose
hey would be permitted 10 do by the Safe VI Yir.
Sinia' as us western terminus and most important
poini Was within the territory Of The State. BY the
he enactment at the law a5nvc referred TO. The
State OF Virginia gaze full gr,snds nr the psojscIor,
i"u Stockholders 10 supPse barriers TO their ca.
reer existed but those ct nntLre anJ they freely n
vested their money aud expended H. The City Of
baltimore Ia It's public uIary cOnlr bulsd IN ret an
double the amount subscribed by V,rgInii the State
1t Mlryl and 81 described an equal sum and n Isrgr
naJ"riiy OF TIA suhscripg oHs as well as the IN ,
ney Of individuals. isn,w sunk into hat work the
directors Of which have been aid now are urgin- il
'orward 10 the banks Of OhJ with all pssilIe en-.
ergy. About 100 miles Of this rolI ale within
he State OF Maryland, end 100 un the Stale of Yin
sinIa' The citizens ui that p,ron Of the Stale. a
''ge anu ieriIle region are now deriving The ben
eft Of the road by the fact that it brings the pro-
lice OF tht cOuntry To a IN rk .i-wlile il has ibe
hect OF chcaPcnnE Iho price and increasing the
'urPy Of merchanIizo intend ed for their consurnp
'ion' Should the Stale OF Virginia refuse an e..
ens IN OF The charter, the wealth that The state of
Maryland aud her citizens have erpeudeI uppn II
must be lost, aud the citizens Of virginia bordernc
upon II as Ear constructed, lose its advantages
because II would be borne down by rival I'M
provemonis in ether States ana suffered to decay.
VIII Virginia voluntarily inlet this wrong upon
si'er Safe, or upon the population of our own
Stale whp look 10 this government Tor protection.
support aud enco uragemenI! We trust not. we
trust that this doctrine near Of Kun 10 that of the
repeal OF charters once granted nud faith once pied
ged will never be heard or a lyoolreI in the cso.
lroI Of Virginia.
Ia The IIIh scc,ipn Of The act creating the G,nJ
Tor in;erna improvement. passed Feb 10, 1916. we
find the following:
And be AZ further enacted. That the president
lnl directors ui the board Of public works shall be
ana they are hereby authorized 10 subscribe OIL he
hall Of The Commonwealth 10 such public works n.
The general assembly may, from lime L. time agree
10 palrOnize' sut PORTIONS Of the revenue of the
lund i1r internal Improye meni rs may he dirccred
Dy law but THAI no part thereof shall be subscribed
'o"aId ia" STOCK OF any canal. turnpike or other
company. until three fGhs Of the whole slpck nee.
eSs1rY 10 complete such canal, lurnrIke or other
public work Of such company, shall have been
acinaliyi subscribed, nor un. Of the sUcl so sun
scrihed, one fith shall have been actually paid IN
5y ihe respective uLscrbers, &c,
The 10th section OF sad act provides that the
nci shall be IN force, unless suspension is demand.
ed by war or The s1feGy OF the commonwealth, un.
Ill The year A 1866
The act passed Feh IL 1892, prescribing cerinin
general conditions on which future subscription,
shall be made. contasns clause GIr a suspension
ofrha acr other Than provided above. aud the pro.
vision follows:
Whenever rh~ Soa,d oi public works. having a.
80 S"'scriPIIOn To the stock Of any company shall
nave go 81 reason 10 believe the pr;yute su5,crin
''Ons Vi me company, are unnecessarily withheld
VI 'he Iuhls hereof mIsapplIed. they shall with
"o'u payment Of the subscription until legal meas
ures can be taken to secure the faithful payment Of
PNH'e subscriptions, aud he faithful application OF
the funds"
The remainder OF the act. as we apprehend
strengthens and confirms the provisions OF the foe
sons act. Under these acts the Legislature. on
The 22d Of March, 1881 passed law authorizing
me board Of public work, To subscribe To the cam
tai stock Of The BIItmore and ONO Rail Road com.
pa"y The sum Of 302,lOO dollars il being tyJ flhs
Of The estimated cost Of the Construction urtbc rail
'O'd from its western terminus on the OHIO River
TO the Pennsylvania line. u2,n certain conJirioos
none OF which have been violated by the companv
10 which the subscription was authorized. Tbi,
subscription was unlimited in time or character e..
eept by the extent oftho charter aud clogr ed by mo-
other provisions Than lhOse previously combining the
company IN the ordinary way. passed by the legs
stature Of Maryland, accom- panying her subscription
Of three millions Of dollars
An act passed April ,, 535 to authorize fur.
lher subscription 10 the stock Of the q & DR.. r
company provides that the board Of public WORKS
shall subscribe 10 The capital stock Of The b. so.
H. X company the amount Of 81 O5S 42O LeInr two
hilhs Of The estimated Of constructing said road
through iho Territory Of this commonwealth from
iiafpcfs Ferry 10 Cumberland with The provision
that The city Wheeling should have subscribed d
aciully paid 100000 TO the stJck Of said com. |
pany. We end. neither ia this Or any previous act
1f The legislature any restriction Of the company as
10 the time Ofcomp Ieiing the road, other than the
'ue cited in the original charter except tho SIKH
lection Of this act which Is as follows