The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1871-08-19

Wheeling and the Baltimore y Ohio
Railroad Company.

city would vote a good strong snbscrIp'
ton to the Panhandle or any other road
that promised an outlet. The popular
indignation at being switched oil by Mr.
GARRETT, Just when the city had entitled
herself by ageRer0us course to an equally
gcncrousreClprocity, Is such rs wouldjus'
tiiy pretty strong measures by the munic.
pal authorities. Our mild hammered
neighbor, tho Register, has been wrought
up to u white heat by the perusal of our
very moderate statement OF the case
Thursday morning, and demands that
the grant of IL right of way between the
two depOts be revoked, if it can. Being
more "tardy" in reaching conclusions, we
are not yet convinced that immediate
revocation Is the better way. We might
show our Indignation in that way, but
would 1t afford remedy Future pro.
ceedlngs in this matter ought to be direct.
cd by an intelligent purpose rather than
by feeling AT least the popular feeling
ought not to be allowed to dictate useless
steps, nor To make lis neglect real rene.
dies II the proposed repeal Is to be
pressed on Council, as we hear 1t is, lot 1t
first be well ascertainCd that Council can
repeal The only power Of revocation
reserved in the ordinance is In case
the railway Company fails to comply with
the requirements of the ordinance No
limit IL fixed within which the work Of
making the connection must begin; and
neither in this respect nor in any other
has the Company incurred the penalty
Can It bC shown that tho. ordinance can
be repealed under any other circum
stanccsY The grant Is one OF value to the
Company, and vests 1t with property
rights, which 1t seems to us cannot be
taken away except rs specifically proVid-
cd in the grant.
We believe tho city has IL remedy
against the wrong complained OF and we
will cndeavor briefly TO suggest it. The
charter Of the Company Acts of Va
Ass. Mar o, lS40 unequivocally makes
Wheeling the western terminus Of tho
road constructed under its authority.
That was one. OF the express con-
ditions on which the General AS
sembly granted authority to build the
road through this Commonwealth One
Of the purposes of the charter, as therein
expressed, was ITO secure to the city oil
Wheeling the benefits OF the western
terminus of the road. TO secure these
benefits to Wheeling still more clearly,
m agreement was entered into between
the city and Company whereby, in consid'
Grafton Of the terminus being made here,
and all It's practical benefits being guar
antccd to this city, tho city made certain
grants Of ground and subscriptions Of
stock.
A decision by. the Virginia Court OF
Appeals bearing directly on the right Of
this city to the terminus of the road, and
defining what constitutes II terminus, is to
be foundin 18th Grattan. .tta..
In November, 1864, this city obtained,
from tho Judge of the Circuit Court of
Marshall county, IN injunction restraining
the Company from forming q connection
with the Central Ohio Railroad at Ben
wood. On q hearing Of the Company's
motion 10 dissolve the injunction, Judge
THOMPSON sustained tho injunction and
tho Company appealed. The case was
argued in the Court Of Appeals at the Oc
tober term in 1866, and the decision of the
Court pronounced by Judge MoNCuRE
The Court dissolved the Injunction on tht
ground that the Company had n fight tt
make the connection, under the powel
conferred by the charter to makt
branches ten miles long that thi
connection didInot. interfere with Wheel
lng's right to the terminus, as that re
NAMED at Wheeling. On this poin
Judge MoNcURE says: ut the road
terminates at Wheeling, to and iron
which ali through trains run, and wherI
all the depots and other structures suit
able to The terminus OF such road havO
been erected, aud where a large force q
officers and clerks md mechanics AM
laborCrs arc constantly employed" Thes'
are the things, II will be seen, which II
, the opinion Of the Court constitute tn
terminus Of the road. 1t must bo I'll
landing place and starting point of al
through trains, and the location Of III
accessories rendered necessary by III
running Of these trains. 1t follows tina
If through trains do not come to and stal
from Wheeling, she Is not the terminus
To bring those trains M farther than Bet
wood and to send them eastward from TN
: point, Is to take away the terminus froI
Wheeling; and q removal Of the termint
, from Wheeling Is a plain violation of IL
Company's charter as well rs of the
special contract with the city. A raj
road company can he restrained by Il
junction from doing anything in Violate
of It's charter; and It follows that Il
Baltimore & Ohio Company may be con
compelled by injunction to start throug
! -. 4 A.. -. r.. At. liz, nnJ