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

CleS ana 10 expedite results; that the parties de-
PENDANT where they are numerous, and some
may bein default, and others not, must answer
individually and not in their collective or quasi
corporate capacity; that it would be improper to
delay until the justices meet in their collective
capacity, because there is but one stated coca.
sion inEthe year for such meetings, being at the
May or June Levy Court, and therefore it would
be failure of justice, to delay from year to
year, to obtain returns to writs and compel lev
les to be made; and that the Mnndamus may be
so moulded in form as not to depart from the
right of the relator as claimed in his petition,
and to meet the necessary and legal exigences
Of the case; the opinion then examines the sew
eral positions or allegations of defence set out
in the return. LIST. Whether the Hempfeld
Railroad, was one the construction of which
would likely be benefit to the county or not,
was question submitted by the law to judicial
discretion of the County Court. The Hempfeld
Railroad Company was incorporated by the
Legislature of Pennsylvania, but the Act of the
General Assembly of Virginia, Of the 14th of
March, 1861, which authorized that COM
pany to construct their road through the
territory of Virginia to the city of Wheel.
ing, further provided, that "if the said com
pany shall avail themselves of the privilege
thereby granted, they shall, as to all their rights,
property, franchises, powers, duties and obliga.
tons within this State, be subject to all the pro-
visions of the code of Virginia. far as the same
are applicable and not inconsistent with the in
terest of this section" The Hemp6eld Railroad
Company, in the acceptance of this act, became
a Virginia corporation as to all their rights,
property, franchises, powers, duties and obllga-
tons within this State; and their whole road
in this State being within the county of Ohio, it
was such Joint stock company as came within
the purview of the Ssth sect of Chap. 50 Of the
Code.
End Sd and 4th Whether or not due notice
had been given of the election for subscription;
whether the maximum which the county could
subscribe was 1000 or 100000 dollars, aud
whether it was proper to subscribe under one
or more elections, latter power being COM
mensurate with the object to be attained and
the subscriptions made at different times; and
whether either or both of these subscriptions
exceed the one-third part of the stock to be sub
scribed by others than the State; "were judi
cial questions determinable by the County
Court; and the Court having decided to make
the subscriptions, and the subscriptions having
been made by its lawful assent, the county was
and is bound by such subscriptions Secs. SO,
| 30, 40 of Chap. 81 of the Code of Va, and by
Sec. Al, the stock of said Company to the amount
subscribed, became rected in the county, with
the right and responsibilities at taking thereto"
--&e@s%-
THE ROMANCE OF RALRoAD1Nc-We have
read Willis sensation on the cowcatcher, Prof.
Wise's in his balloon, but neither of their dc.
scriptions equals the intensity of the following,
from Philadelphia Bulletin correspondent,
who recently rode sixty miles on locomotive,
over the Pennsylvania Railroad. He got on the
locomotive, and by tremendous stretch of the
Imagination, he felt as if it was 'Ais will that
drove the monster of iron and brass and fire and
heath like steam along on its terrible course"
The air rushes back cloven and riven in twain;
the jar of the wheels runs through you like the
tremendous harmony of q Northman's Battle
Saga; the track stretches ahead in two lines of
molten silver, and you feel as if you were own
brother to the Unfolding mountains along whose
feet and over whose shoulders you IRISH. The
Juniata rolls its waves back from you; the very
clouds of gold seem left behind the immeasur-
able lines of sunlight lying softly on the green
mountain sides, cross and intertwist as you dash
around the curves When the whistle. blows,
you bite your cigar in twain; the sound thrills
through teeth and throat and breast and heart,
The universe stands aside to lee you tremble
past.
OF what picture of US mortals, grubbing
away in stupid mundane affairs, while
"o'er the stormy main
Gods chartered Judgments walk for evermore."
IThuRder does not startle us and lightning
Crossing bridge was like p!unging, wide
| eyed into the gulf between Time and Eternity,
and when clear across, you felt safe as if in the
streets of Paradise, with the pearly gates ciang-
ing shut to keep out the hosts of Satan.
THEArRIcAL--Mr. and Mrs. Henri are now
playing an engagement at Cincinnati Judging
from this fact, our theatre will not be opened
under their management during the coming
month, as was expected
Mrs. Dufaeld, who played here during an en-
tire season, and who won many admirers, both
for her merit as an actress and her lady like de-