Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1855-01-09

thttC Is 10 tcItlluuS euHtep " '''o"S" " ''V"'
thcre is no specific power given 10 The company
which. in self includes the idea Of another Ter.
MINIS NJ It's main trunk, q d Consequently, The
spec' fc limitations (nr the protection u The par.
,iculor terminus mentioned cannot he construed
into M unlimited anl urqualif' power 10 cre lie
another or other ltrnni; II 50, II coul,! descent
the river eight miles md form terminus IN con.
junction with Capiina creek in Ohio liotwitls;and.
ing lis restriction 10 the Tlvine oil Crave ctetS, S
The cheape 1 Ioute 10 WhecIing-ot connect with
pirc creek as II has formed Terminus irih The
Ohio Genital railroad. Or il llIe power OF crea.
tiny leTIniui is moi exhausted IN The limitation, by
The act, 10 Il depot in Wheeling, 1t can pass on
through Wheeling, under lis claim Of branching,
ten niles up The Iivel and form It's terminal con-
neciions with the StruGenyille and Indiana " lhc
Cleveland railroads, and thus make lis terminus Ten
miles Ly,nd lis trrninhs!! The ptelensiOn, thus
resting on nm drsnmenative implication, is sus.
cep,bo Of the conclusive relu,a,ton Of the Tdue.
liz at dbsurdum.
Amid The distractions OF ille tenn, have. con.
fined myself 10 the general principles Of interpret
alton rather than TO The searcl for paiallel cases.
Tie case cited Of BllSemore VS.. The GomrIean'
shire Canal Nav. Co. Con. Eng. Oh X. OIL, do
not think pncisely in point as rule OF special
constr elton applicable 10 this cns' that was TO
restrain Ire cOnlptny from The exercise Of an I'm
gtantcd power which conseqnen,ially affected the
plaintiff; lns is 10 ascertain wlehert The power has
bpen granted: but os an anlhlriiy for restraining
the Unauthorized acts OF a corporation hch con.
seqnenaiy ailrct Others who ale parties to the ly
the authority is clear and orcbe. Looking 10 the
public policy Of The State rs indicated by The his
tory of lis iesiSalUn; 10 the feSfa:nl IN this ac
compelling the colnaany TO adopt The route which
! terminates nj WEIGHING and which Is the Cheapest
10 construct, nainlain, and work; 10 ilc pf0llibl
ton that II shalt not enter the tavine OF the Ohio
river at any point luIler south than the mouth Of
Fish creek 10 The right 10 select this route as n
Therefore .sirc,ivc; 10 the restriction that It shall
not cIi'er tie ra,ine Of the Ohio south OF Grave
creek, IL Wheeling will pay the cost of difference
| Il such route should he more expensive than o
m"re south, IN route; 10 the assumption ol lber.
lies aud fIancLieS pnJ!ici jms, winch the lfgiSa'
lure never parts with, excerpt by specific legisla
lion; 10 the critical meaning oil The language oil
the second SECTION aud its eopnlaiio rrrbornm qu'
indicai dtrf p'nonrm; 10 lis expressed intent which
Is SOL chi to Le annulled ~ an implication which
must assume the still more dangetonS implication
u giant Of public franchises on liberlies; 10 III"
denial 10 ol!irtS Of lis citizens The boon OF Ter
minus which would then have been injurious 10
| Wheeling; 10 the improbabllity that 1t would giant
to the citizens Of another State what 1t had sletnly
refused 10 its own; DO ni hesitate to say tia! the
power has mol been granted.
This brings me 10 the contract.
There ale scarcely my Of lie clements OF .
contract IL this singular production, and This gives
lurce and merit 10 lis EQUITY II is composed OF n
srIrs Of concessions from Wheeling 10 the Compl'
ny. Wheeling gives Two acres Of ground on the
north side Of Wheeling Geek suitable for tit poi;
SecllIrs tie right Of way though The city lice o.
cost; the reht 10 pass The locomotives ut speed
no, exceeding four miles an hour; 10 subscribe
1900 $50 10 the capital stock, ID lie paid ~ hblhs
.a,ran:erd By the Stale Of Virginia, bearing per
cent. interest OF il such gnaranly is moi secuted,
The payment 10 he in money, when The company
shall be in stale VI readiness 10 construct lis load
from the NIurongal,la river Ia Wheeling; woISeS
the tight Of election Of TJute under the second ntb
viso Of The fist s, ciun OF The act Of March htl,
1871; aud in ease Of The lnluIe OF The company
Ia IN I'll The contract, llquiditrS The damages nj re-.
paym ut Of III. money with initt 81 and iic actual
cost 10 Wheeling Uf The ground for the dcp9s; lOT
the consideration on the part OF The company OF
the acceptance OF the law, and an agreement 10
prosecute nj The earliest convenience OF the com
pany the construction Il The load from Cuintrr.
land To Wheeling; aud 10 make an caily insirl'
mental survey Of The Iouic. t0nbi whether tttfc
isa covenant in Iii. paper Which had any legal
obligation on the company. II is contact IN
equity arising upon the executed CONSIDERATIONS
aud u, IL, Incnt Of the parties.
The II ost important feature In this contact, for
so il must now be called, is that raraGtaph Iie0f
its close when al been styled ''prrnInO.e al
the It'd" lis thus: at being The intention 0
The plith Sio this arIrem cut, alnon. other things,
10 secure To the city VI Wheeling thr practical ben
Gifts nf the west,rn terminus Of the baltimore aud
Ohio IA, toad according 10 the provisions Of the
said law" Contracts are the intentions Of par
lies reduced 10 The iUIm " an agtreincnt. In
contracts il is The intent that governs, when ihls
intent, by any legitimate means can be aScrtia ned
Among the rules for nScertaining this intention are
"'rhp deed IS 10 be likcn most strongly against lhr
s,antOr-rrrbi chnriarum 1oriinS nrcipinntm con-
ira profr,,nim Tenn. COS, 10 Eus, $40, anl eases
ri,el petrrd All. 1879. The reason assigned is,
"llIr principle II sell Preservation will inaht men
sufficiently careful nni tnrlcjutIre theif own 'n'ef'
eNS by Il Z ton extensive mranins nt Her w"fiS'
and IL Ieby any nalIinT OF deceit IN any giants IS
avoided, !oI men would always affect ambiguous
and iuir cate explosions prov deC they wtfe NJ
urwalds nj liMny 10 put III. If own constructions
upon them" lIr ,omi51. Ono other authority on
His u, int, which MS u general proposition Is M
axiom Of law. III Lloyd Us Lloyd. 2Myl. Il CT. 2C2,
| Lord coitenllam observed, an the provisions n fe
Clearly express, d un there is nothing 10 enable
the conf 10 put upon u EN- construction different
f,nm thai which tie words import, no doubt tie
words must prevail. Int If the prJvlsl's anu lie
EXPRESSIONS Ue contradictory, and II There be
grounds ppcarng on the face Of the instrument
aIofding proof Of the zeal intention OF the pat
ties, then that intention will prevail against lie
Obvious and Ordinary meaning Of The w"ris ~
the psriiss hnrr (urnishsda key 10 tie meaning Of
the tror9s usrd il is not material by That frpffs'
sion then eonp,y their Intention" This is the cat.
dual rule of Interpretation: il is The key 10 open
TIC minds Of Legislators and cf contracting par
ties. In constituting The second section ni the law,
| | had occasion 10 show the meaning nf the VOID
benefit N the singular numbtT, ami ty lis pInFei
collation. 10 connect il with the word icInihiiS Ynd
Il e terminus which was 10 BE- secured to wheeling
IN Ills "a posttriori wiamJir," The Company dc
ciarrs and engages as one Of the contracting par
ties (fortius contra rroferehem) that il is lis "in
trn,ion among oihr hines, 10 secure 10 The city
Of Wheeling, the practical beile fits Of tie western
crniiIis oi the BALTIMORE and Ohio lialiroat, &c.
cording 10 the provisions Of Tie said act. II Is to
he observed tia, by the express wof'ls0l the con.
i,ac, the acceptance OF III, law by The Company
was obtained, AMI That tie surveys followed as the
shadow follows IT,: Substance. The olhef things,
without enumeration, eau only comprehend the
terms Of The contact and law. By The open
terms OF the rnnlracl Wheeling had secured the
acce p;arce OF the Iaw:-by the acceptance Uf The
law, VIII, cling hu obtained the whole benefits Ct
tie law except the light OF election whlch*lc sol.
unfairly abandoned. By tins acceptance Wheel.
ma, s,,r,pI tL, IA, ma nf Iis IA TnnnlS MS Tie Ter.