Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1853-09-15
Pan Handle Railroad.

For the information OF the public we PuOllSh lhe
following copy of the Rule, entered at the last
Brook Circuit Court, agains the persons engaged
IN the illicit construction of Railroad through
tbe State of Virginia. We never supposed for an
instant that the State would tacitly permit so
,vopion violation of her right Of eminent domain
and the sovereign power which every Stat erelu-
s;psly exercises over her own territory, and the
present rule, on the motion of the Commonwealth,
indicates very clearly what will be the action OF
Virginia, with reference to this unprecedented Ell
fort 10 use and appropriate her soil contrary TO the
express will of The Legislature. The Legislature
has assumed the exclusive right to regulate Inter
nal Improvements in Virginia. No corporation of
Our own State even dare make road without au-
thority of law, and it would be strange indeed, if
Virginia would, submit for an instant to this nva-
sion of her soil by foreign corporation. The
shallow pretence that this is private affair, is not
even advanced now by its warmest advocates, as
Henry Graft, President of the Pittsburgh & Steu-
b-uvile Road, is the owner of the land over which
the road is located and the is too apparent to
need comment even.
The next idea is that Congress is to make this
road post road. Do its managers suppose that
Congress will dare attempt this, or Virginia sub
NIT to it? Do they not know that it requires an
act of our Legislature to sanction even the acqui-
sition, by the Federal government, of land for her
own purposes, and that after the prolrietors have
ceded tLeir rights The plain fact is, that this
Company have got themselves into trouble, and
have forever by their action, forfeited all hope for
Legislative aid in future. Their road must now be
failure, and the capital which they have thus far
expend must be dead loss their hands, and an
unfortunate speculation for the stockholders and
the bond holders.
Brooke County Circuit Court, Fall Term, 1858.
The Commonwealth
VS.. Rule to shew cause
lessee Edgingtou, Nathan why Information
James Patterson.
On the motion of the Attorney for the Common
wealth, Ordered that the rule in this cause in the
words and figures following, to wit: That lessee
EdgIngton, Nathaniel Wells, Henry Graft and
James Patterson (being served with copy of this
order respectively do shew cause to this court OH
the first day of the next term thereof, why an ill.,
formation should hot be filed against them for hav-
ing on the day of 1858, in this county,
unnwtully consplred to usurp and exercise WIN
out any legal warrant grant whatsoever tor the
use and benefit OF the Pittsburgh d SteubenVllle
Railroad Company, (the same being railroad
company, incorporated in and by the State OF
Pennsylvania but not being Incorporated IN this
State nor having any legal warrant, grant, or night
whatsoever, TO make, have, or use railroad IN
this State or to have or exercise liberty franchise
III the State) the lbeties and franchises OF rail-
Rad company and corporation IN this Stale with
out the same company being or becoming SUBJECT
20 the legal regulations imposed by law on railroad
corporations in this State and unlawtullytO con-
Struct in this State without any legal warrant,
grant, right whatsoever, for the use and benefit
of the said Pittsburgh and Steucenyille railroad
company, a railroad fOm the line dividing this
State from the State of Pennsylvania through this
State to the Ohio river, to and across the same
By way of extending a railroad which the said
Pittsburgh and Steubenville railroad company haYe
been and are now constructing IN the State OF
Pennsylvania, and with the intent that the said
railroad to be constructed in this State Shall be
exclusively held, owned, managed, and used by
said company, for transporting goods, wares and
merchandise and other freight for profit without
any legal warrant, grant, or right, whatsoever,
and for having on the year and day aforesaid, and
on divers other days thence forward, IN SAD coun-
ty Of Brooke in pursuance of SAID unlawful con-
Spiracy aud without any legal warrant, grant, or
right whatsoever, commenced and partly conStruc-
ted the said railroad with intent that the same shall
be held, owned, managed and used by said COM
liany as aforesaid, and also procured the title to
certain lands in this county md Commonwealth
TO be conveyed TO said Graft, to be held by him for
the use and benefit of said company, and to ena-
BILE said company to hold, own, manage and use
the said railroad in this State aforeSa d. and to
uSurp and exercise within this State the liberties
and franchise of a railroad corporation, without
any legal warrant, grant, or right whatsoever, IN
contempt of this Commonwealth, 10 the great dam
age and prejudice of the lawful jurisdiction and
sovereignty of the same and against the dignity
thereof,-be served on the parties therein named
within 60 days from the rising of this Court, re-
turnable 10 the first day Of the next term.
TeSte: ]. STARR, clerk.