Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1855-01-08

g
mains, penalties md obligations IN relation 70
lie same, ns ale prescribed by law in relation TO
iIeif principal line u railroad
$This Is precise statement OF all the PROVISIONS
and policu,at plreseolosy Of the ocli as ,leell
necessary fot is Just construction. IN bringing
down The history Of The legislation, from The act Of
Anil Oh 1898, Il has been seen That there Is dis
tincl and irailifes, inlehlonS lla. ling shnll
be lie sffising nnl Terminating peinl, OF Ibis Ioa.l
pln tile Ohio rvst, and while these laws may not
81 strictly Ia pir Eitid, not being all IN force q
Tie sane Instant sci hesiiaing with recital IN
1921, nti lcins % lew AMI lotes sll Dlecl ~
Ia ne legislation Of The State, md the subsequent
acts refetfig 10 II rs ilalllalzsd W such leslsa
ton and incorporating The same subject matter INTO
each: e must Treat them as evidences Of Tue pub,
lilo policy and 0f deteGninale hue q conduct, ~
constituting this ac do not only tey Oh lls ele
nitnt Of general construction, t,',t apply tle
principle which received Tie sanction 81 Lords
Eiloni l.ynll4iis. and Wynfotd, Salia which has
been adopted III This county, Eldon, giving q
SIS. ~ follow aid adopt ths explosion Of The
Lord ChiefJustce 81 lie kiug's Bench, and |
AMI clad 10 fastcn myself IN some snieas1te 10 bis
greSt autho!ily,ani say wteniI LOOK on these acts
Of parliament, regard llsn all In the light 81
contacts male ny lie legislature, on behalf Of
every pefsdll Interested IN any Thing TO- be dole
under lien; and have no hesitation N asserting
that unless tiat pflnpple Is piled IN constituting
statntts OF this description, they become inssti.
muns ii greater, oppression than any thing ~ Tue
whole system OF administration under our consll'
lutons Such acts Of parliament aft llo@ become
extremely Numerous and from tlelr numbers aud
operation they so much affect individuals, that i
anpreIenl that those who come FOR them to Eailia.
nGnt DO In elect undertake. that they Will DO aud
submit to wi..eyer The legislature empowers nd
compels; nnd that they will do nothing eisej llal
lhey snail do and lofbcat MI that they lrs tttnited
10 DO aid peitOfm, 1s well with reference 10 the
Interests Of The public, as with reference 10 the
interests Of Individuals This doctrine is inc0r.
potatel ny Judge story IN The last edition Of his
Ia. Jlf. Sec. 95j. E The particular application
Of edocfllies VI CONSTRUCTION Will Subsequent.
" be appnrtn and itNlay be here stated, The gene.
III inference Of loit 81 IN England aid this
county, Is that faloal laws are t0i be construed
so As ID ronltOl lllc companies al protect indl'
yilnnlS III ltls cisc tic IIlllciplG applies ~ It's
fullest lllce, lot v lttlhlg Is mol al q Socalon,
but MI agyftgale d individuals wiatc u De pro-
ltcied by these tioetlits 0i Judicial construction
Of the legislative contrast, iS S3g
R Nov examine The effect Of each one Of these
provisions sepaiately aud ille, combine them IN
The bond Of construction which untesal The parts
and points 10 lis common public purpose us con.
tract Of tie kind stated aud ascertain The result.
The first gtlnt uulllolizes HE Company 10 com:
plc,e llltir road ihrough The territory VI Vmgiula
10 depot to De established OH lie northern syle Of
Wheeling creek hi The city Of Wheeling, Had he
authority ended in The Term, t'ihrough The territory
Of Yfginia,n then there ould have been on IN.
limited srant vi authority 10 pass through. No
limit or re,trJint would have been nssgned 10 The
taro,iphnrs,, and the collateral relations aud
combinations which accompany tlic giant Of
such power, would have 6tel limited only by
their own letnsUf grant, II would have entered
At my place, created ITS relations, established lis
cOnbinat MS nid passed ollt NJ any oillef point.
Aud this Is tlp ilta Of passing Though as con
tanned hi grant Of this klnd. But no such nov. :
CT os This llus been granted. The idea through.
ness Is no, contained IN this VI any direct Ian.
slloge Of tiu act. IN this particular section
HE general idea II passing throngh Is limited y
terminal point, on tllle northern side Of W leellng
Geek III the city Of Wheeling and IL Il spirit Of
cSacness Gin The county Of Ohio" The author.
It's Is not 10 pass through, but to pass through 10
lis terminal point and ,oilhin The territory. Should
tic load diyerse lroi its terminus aud slikc The
border Of Tia Slate, ami PASS ont, lie Company
would exercise 'tlllronghness' not gtante,l III
piyof llle terms u The Law. II has no such ex.
press grant Of power. can only pass fhtoash 10
point liked within The limits OF tle State. The
'oad complained o. anu NO means 70 W 'sei lo'
the conveyance OF iltight and passengers cany
lie road through tie State wluul Tcgald 10 lclul,
nus, aid upon llIe assumption OF M unlimited
giant Of power 10 pass thfoagh | mn nov speak,
ing OF le hcl llsel mol " we lllclaeHlal powers
Eiye ~ We general ta'i loau 'aw a''u y ~ l'la;e
y The aci Is tle iea OF "lhfo'ig cohlaincu'
And unless THIS ac| giants Sucil v poWeI@allless
leie IS fect tllu sleclllc gtnnl o. |'S Nu'llol'
", q unless y necessarily arises rom lne con
aa " ~. = .a ~. ~ IN, @ III mad
NJ nv ~, H.. m,ia ,.nL
s ,M N,y ~ w.. - q, ~ H. nt@vi,nns s,nt I'm
u ~, ,n,, Kin ,n,"nsa NJ inrn
XXX a., IT,, W eS"a' r''ie1s = ~
e Wv n" Tsa,. /, M, noxe, 10 n,ss trougb,
~, l. ani, ~. Ii,n,;,o T., n,y. til,,n,,jip tS y
t;,. - ~! 7" ~, ~ oss,,,d In, ,;sh, "a me-.
nrI po ~" ~ am,Hn,;iy 10 l. ! ,b In IL.
.s y. ~, Il ~
ys" e't",i' ' .Ia n y VI, niny. s;tan ss'
a" ~ enu !, ,,sram III. Nnnlh E A.
,,,m,nn ~, oS,i"i" ,osnt n ~, ~, il,s6,,sh 4,
,,nn" 10 .nrnhl, .j ~ ,hn Ia,p,se 3nf Ina
..c,inoi Il M Iimisl stni NJ nnsSii,s i6r1url 10
d.. TX, n lytc,j;ng III mnt,. nj Ills siL.G.
n',a Sny i.''"sN''s'
4'e"''' -, +.
tue company may feach teeihg' vs. .etlill ",
point, ~ any WY ava manner lay clscl, npil
% We NOUN ~ flsh creek, w !lle fol'a WMen
shall 10 Cheapest "lo construct, MAINTAIN anu
wofk. Whelelotsi fFhal ic lllle o. toaa having
lls ptlscTDtd 1e'llllal pom, slli ~ cosllllGle
nj, al