Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1845-07-17

tbr views oi wheeling, made two conditional
subscriptions amounting to one million three
hunirrG ana sixty thrcS thousand five hundred
and twenty dollars, being estimated ON the
cost ot two iiiths OF the road LIVING i'm two sec
uons ol The State that is to say. first. between
fiarpars Ferry and Cumberland. estimated at
one million and fifty eight thousand four hun
dred u itwcnty dollars; aud second, between
The western line ui PJmsylvania and Vince
linz, estimated at three hundred and two
thousand one hundred dollars.
.. lhd, BY tine legislation of Pennsylvania. !
IA refusing TO extend the time Tor completing
the work through her territory. except upon /
severe conditions which the Company could
not accede to, the design of conducting the
road through that State utterly failed, and
with i, failed the subscription ol the city of
Wheeling and tire subscriptions of the State
oi Virginia.
6. That. by the tailure.or the Pennsylvania
route, the Company have also lost the benefit
ol the extension of the time for constructing
the road IN Virginia. and that. therefore, there
now exists uo privilege In construct the road
IN either OF the said States; and that, although
the Company has complied with its engage
m"nt Ia the State of Virginia. 81 Ear a. To con
struCt a road To the extent of about ninety
miles through her territory. at an expense of
upwards oi three millions, vet they have not
been allowed tn avail themselves of the sub
scrlption OF the two iitihs ordinarily subscribed
by the State To- works within its borders. and
" ich 1t IL believed the State was originally
willing 10 subscribe Internationally ia this
Company in view of the completion of the
road To Cumberland.
Nhen, under the pressure of these oircum-
stances, the Company applied In the State OF
Virginia 10 renew the privilege accorded TO il
by that State i'll the Original charter of 1927.
and have asked permission To extend the road
To the Ohio, at the most advantageous point
above the mouth of the. Little Kanawha. they
have found the policy of the State 80 far chan
.cd a. To induce the legislature to dcny them
tins original privilege, To deprive them of all
option as To the most eligible routes, to- refuse
all subscription la the Company. and To re-
quirc them, under all the disadvantages incl
dent tn the accomplishment of the direct route
through PENNSYLVANIA, still TO seek Wheeling
over d circultous and almusi impracticablc
inc, with great increase of cost. as the only
point to which they may be allowed to extend
their work. They are required To encounter
this difficulty, not only withoutaid, but under
a series oi RIGOROUS and ruinous conditions
which could not hail greatly to impede the OPP
%erations oi the road and lessen its usefulness
TO the public as well as its 'alue To the State.
Regarding all these considerations the
" Wv pulAliil'hf dllu oIlO hdll
Road Company, now convened for the purpose
oil expressing their determination in reference
To the Act oi the General Assembly of Virgin
IA, passed on the 18th of February last. emit
tied A Act to authorize the Baltimore and
ONO kail Road Company To complete their
road through Virginia To the Ohio River and
Tor other purposes, y do hereby resolve
/. That they deem it To b. preiudicial to the
interests OF the work in which they are enga-
ged, To be precluded from the right To con-
stuct the road to such terminus on the Ohio
River within the limits originally prescribed
by the State OF Virginia. as they NAV find. up-
ON tull and due examination, To be most expe-
dent and useful to the great objects of the en-
terprlze they have taken in hand.
,. That the clause in the Act which fnrbiAs
The Company to construct the road. or anv
otdhce UIcrcoi, to any point on the Ohio Riy-
or below the city OF Wheeling, is, i'm effect. n
SPECIFIC designation of the route over n m norton
oil country presenting great impedimcnts ia
the work, and involving heavy additional ex-
pense bothm the construction of the road and
IN the management of it when constructed
: That II would take ",~oy fium The Company
the privilege of seeking even the best route
10 Wheeling; and if the road were completed
IN conformity with this requirement., it could
only be done at such cost as would most iniu.
riously diminish its capability tn compete
with those Improvements OF the West which
are designed or expected To divert the trade
from the city of Baltimore.
). That there is manifest inequality of com.
pact in that provision OF this Act which limit,
the period for completing the road to ten year,
whilst at the same time, it requires that the
annuity to be paid 10 the State of Virginia anC
;" to the Stockholders of the Winchester Road
shall toe perpetual; the said annuity beingi il
fact, only proposed and agreed to in consider
=" alton OF the grant of IA right of way through tin
State, which grant should in equity be cock
" tensiyc with the consideration To be given fo
I; it..
! /. That there is no authority oa the part O
= this Corporation TO s~tipulate for any perman
ent reduction of the rates of transportation G
= passengers on the Washington Branch of tn
road, as required by the second section of tn
" law: That such stipulation would not only b
/" unlawful and nugatory, but would be subjcC
to apprehension from the State of MARYLAND, b
= whose consent alone the rates may be pcrmar
emily reduced; which consent this Compan
" have no reason to- believe the State could b
+" induced to give.
g. D. That this Company could not consistent
! ~ with its interests enter into a stipulatio
- for the regulation of the tolls. or rates of charg
= -" ihe main branch of the road between Bait
s59tTv =" - CUMBERLAND, its required by the fit
o ma the acquisitions of the GCteon,b =,
V sixteenth sections of the law in regard to lac;l;
n C 10 Dc Afforded TO the Chesapeake and OH;
IL'n'l' anu t1e regulation of tolls i'm .refsrenc
e ""'e'o arc objectionable, as provisions reIa
= Ing to a subject foreign to the nr,rnosns &c nSt a.
l. l1%' ana as stipulations which would have ~
enec' 10 confer rights, in matters that sbo,l
# more properly be treated as Questions Of c"n
%Venience and discretion. u con
ihai thi fourteenth section of the Lax
4 wherein The Legislature reserves To itsele a.
. power of thereafter altcring Di'I W.
5 modifying any part of the provisions 81 ~ y
! MI would confer a large and permanen
autloflty upon tIe State of Virginia tn n~a,
q. clse IT'S control over this Company in mattcr,
winch 90 not properly pertain to fhe irris5ir
Lonol the state, and which might be found r.
road. wv "'e'cs'S oil the
r, q. ilat Tor these reasons and others mn, To-.
conclusive upon the minds of tho cnr'"an