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


and sounlesl rule Of Interpretation. The words
ate in the contact and they must moi petish--res
mapis raitai guam pertai, Il rerb1 initniioni non
contra, dtbtnt instrrirti. no parthof q contract
shouId fail and words should execute intentions.
OF meaning aud with its plural noun comprehends
all benefits which The Company by its rua,l, in its
ordinary and regular transaction tf0usIne$s eau
secure 10 Wheeling as lis terminus. II the hto
| did mol secure these ''pfactita benefits Wheel.
Ing By her contract mad "aSSurauce dOublI sure
alp took o bond Of fate"
| The position Of this clause IN the contract, and
IFS somewhat groiesque introduction, makes Il
speak mole significantly; the parties l"ve con.
,lacte,; the altcslig clause aud The signatultsae
about 10 be added, aud tile dlsttuSlul party excl.
ted by her ea.s tr induced by her caution, or IN
the {. s.ored confidence and renewed relations Of
an ancient friendship. obtained he mutual siipnla.
ton rs 10 thu particular int, nj md good faith OF
the contact. II the preamble will explain. and
a, TINES Cont0l the subsequent expressions OF the
~ CEMENT how much more so will a conclusion
which furnishes q key 10 The meaning Of the
words So plain that, in tleonguase Of lold Cot.
lenLam, "it IS mol material by what expression
lhe, convey their intention"
II Is claimed that the effect Ol an injunction
will he TO interfere with the Il gal duties and obi.
galions OF The company, IN receiving aE,I iScaIs'
ing passengers aud fleighis. The establishment
OF lppos is LEFT 10 the discretion Of the company:
II ISL privilege which they may " may mol eAeclse,
anl Their responsibilities attach only at tlose
points, Orwliere another Tailroad OF stage line eros.
SEES lller road; Sec %, Act 1881. The authority 10
establish dtpols is one OF private privilege, " OF
nlere corporate discretion, no, enloIccd OF con.
tfoh by law or charter. The same may as dis
lircly be affirmed Of the right 10 branch len miles.
Both ate given for the private benefit Of lie Com.
pauy 70 he exercisedin lis discretion or not. The
Con pany has ccntoi over both privileges, accord.
lns 10 the subject matter, aud may not use lhclll
in her discretion, aud may cOniioi or modify, "
enlely relinqusl The exercise Of |, en- b. her con.
duct OF her contacts. In this respect il is like
Mutual person, subj,c, 10 contracts, pr. symptoms,
implications aud Their legal consequences.
The neat point made Is that Tie works in pro.
gress AMI described IN the Bill aud exhibit b., ate
nusanc,s and OIL encfoac lnent on The bc'! Of the
Ohio river, and The usurpaiion Of The public fan.
chiSe Of establishing ferries. The bill IN both OF
these particulars IS defective in that gasp and
technical accuracy which almost un versnlly char.
aclerizs lis draughsmen But pelhaps, with The ex.
bit, 1t presents the points with sufficient distinct.
ness for tie purposes Of This occasion. Exhibit Is.
d, Scribes the detail OF the works and lhe moaus
optrdndi rs fpliows; "'Ihe crossing OF tlI. OHIO
viii 1T accomplished 10y double tracked inclined
planes correspondent to each other lpon the east
aud west sides OF tie river; upon winch planes,
nloveable platforms with tracks 10 match lie
tracks upon The grade, just rs the stage OF waltf
may require, following the rise aud tall OF The
river. Against ll,se platforms capacicls and
powerful steamer, carrying an ent re passenger
train, or half freight Train will abnt, an, Ovcl
| the bow receive aud discharge lis bad, having
tracks running lonei.udnaIly aud correspondent
10 the tracks 0fthe plafUrm. a locomotive work.
ilg in the yard, upon each side Of the river will
nOvc the trains 10 aud from The boat AND Tue
Bill aveiS "iha the ieharf SO 10 he constructed
and completed at l'cnwoOd BY The ~ i,iihnte "
Ohio railroad Company, would, il so completed,
(and does even now IN lis incomplete cOnd i;on)
tncr0ao upon The cd Of the Ohio river, inirtlc'e
with tie natural flow Ofthe liver aud o s'tuct The
nayisai u thereof, AMI The saul tivef being pun.
lie na,isable river, such wharf IS unlawful ANA
cannot br lawfully constructed or uad by virtue
Of any reneTaI privileges Conferred by law Oh fal.
,uai cu,nm Mes"
This presents the question as 10 The right OF tie
compay 10 cutter upon and disturb the natural
how Of The OHM riv, Z, aud to establish Hies fnf
It's own accommodation ACROSS il. What c0nsi.
luics u rayignblc riv.r seems 10 be n matter Of
some Il ub, in different States, G COwcn jiS,
Wrnl. 100, l6a. In stlGc ,llr common law doctrine
If IF, slI md salt water REVEALING, in o Is more
enlarged aud beneficial view applicable 10 Il I
length Of our rvetS and the character Of our cuuu.
l,y aud lis institutions. WhGcy,t wants 10 put.
sue this subject us matter III tie OieIIcal inquiry,
will fm the authorities fully collected in 'ac. All.
iie,Os. u. 3. but " hat, vi may b. Il appra.
ton Of the common 'aw doctrine escw heic, this
question hts been settled III Virginia, in The cases
Of Hume Y$ Richards ii al. | Call. Ill, Neal Il
nj VS.. Haynes, Rand. 50, &c, 10 Ian. $780,.
These authorities ore referred 10, not o' the pnr.
pose ii showing the title 10 Tie ted II the Hyct,
| bat To Show VIVA, are nayisahe r"eIs, whether
lIpsl, or salt. II uayisahr, i, constitutes tie jus
m.bhiegp,, which perhaps Cannot be granted 10 III.
,Iiyn,lals, but CERTAINLY il grantablr. can only
p,,s by eXprtss ACT of lrw and will lot follow by
irplca,inll in ANY gcne,al power. The au.
ihvt,y in the general railroad law TO construct
mourLrs moi cXcvcdln. len miles in length iSec.
p5l would not slve them an au,inrty 10 invade
hubble franchise or obslrnGt public liberty rs
distinguish ed #, NJ Il private rigm TIE gent Of
sucb mower constituted no part Of The subject or
obi. C, Of the law, and the whole extent II author.
i,y given to these c0rp0rall MS TO invade public
franchises is contained ~ the 10 Sec. OF the general
law Of 1881 and applies Mhh strict limitations,
IS 10 its exercise, to "rpals OF ways" wlc,c these
words urc uses. rs SYNONYMS, and c1prtsio unius
est frciusiy aiirius. The Company las no nll.
,hotly 10 encroach up0n the public lraIclise, aud
II is an exclusion from the bed Of the river wheth.
rr abuye o, below the low water mark, b, cause the
Whole of The 1,vet is necessary 10 lhe cx,rcrse Of
| ~, Ia. .om,u,. which iS ,ultnc.l la Tine