The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-08-05
b. q O. RAILROAD.
History OF Legislative Proceedings
to Compel Compliance with the
Act OF Isaiah Interesting and
Important Letter.
CLARKsBURG, W. VA.
Iulv ri 1871


inst, inquiring what had been done,
anything, by the Baltimore and Ohi'
Railroad Company, in pursuance Of tn
joint resolution passed at the last ses
sion OF our Legislature, is received
This company, heretofore, or at leas
whenever it suited their purposes to de
so, denied that their road was con
structed through the territory of oul
State under the act Of the Virgins
Legislature, of March 6, ls47; and
claimed that their company was in nc
way subject to the provisions Of that
act; but on the contrary insisted that
their road was constructed under the
Maryland Act Of February %, 1927, as
re-enacted by the Legislature of Vir.
ginia, March 8, 1927, as modified by
the Act of March l9, 1889; and not.
withstanding the Court OF Appeals Of
Virginia had at least once, and the
Supreme Court Of Appeals of our own
State had twice decided that this com
pany did construct the extension OF
their road through our territory under
the Act OF March 6, lS47, yet, shortly
before the meeting Of our State Legisla
ture in January last, this company ap
peared before a committee appointed
by a joint resolution of the previous
session and admitted that the com
pany does collect more money fol
freight upon similar articles upon its
line proper, that is the direct line tc
Wheeling, per one hundred pounds
than it does to Wheeling direct, but de-
MED absolutely that such action was
illegal or discriminative;" and the au.
thorized agent Of the Company added
in the presence of this committee, that
he "was entirely willing that this
might be made matter OF record.
The sixth Section Of the Act OF lS4I,
reads:
"That said Company shall be sub.
ject to the provisions Of the Act OF AS
sembly, passed March ii, 1887, estab-
fishing general regulations for the in
corporation of Railroad Companies,
with respect to that portion Of their
road, or Improvements, now or hereat-
ter to be constructed within this Com
monwealth, so far as the same are pro-
perly applicable: Provided, That said
Baltimore and Ohio Railroad Company
shall not be permitted to charge for
or travel, to or from
Baltimore from or to any point distant
more than five miles in direct line
from the Ohio river, more in the aggre-
gate than for transportation or travel
from Wheeling to Baltimore, or from
Baltimore to Wheeling, respectively,
nor more in the aggregate from any de,
pot west OF Harpers Ferry to Baltl'
more, or from Baltimore to such depot
than from any other depot more distant
from Baltimore to Baltimore, or from
Baltimore TO such last mentioned de-
pot"
And the majority of the com mittee
above referred to, in their report to the
at it, session OF last winter,
added: While it is held on the one
hand that the Companys tariff OF
freight must be tested by this section,
it is strenuously denied by the Company
on the other" And the Issue was thus
fairly and distinctly presented for Leg
islative consideration and action. To
be silent was to acquiesce in the preten-
sions OF the Company. To some OF us
the issue and the questions involved
were not novel. At the session Of 1852,
Col. Angus Mcdonald, Of Hampshire
county appeared before the Committee Of
Roads and Internal Navigation, at Rich
mond, sustained by petitions numerously
signed by citizens Of that and adjacent
counties, complaining Of undue and un-
authorized determinations against their
trade and travel, and invoking redress
at the hands OF the Legislature. The
questions involved-the rights and du-
ties Of this company and the corrective
power of the Legislature-were dis
cussed at length before that committee,
but no action was then taken. Not
long afterward the attention OF the Nir.
ginia Legislature was again called to
this subject, and Jonathan NJ. Bennett
ESQ, was appointed a special commits
sioner. on behalf Of the State, to in
vestigate and report upon the com.
planned Of grievances. As well as now
recollected, not having the report Of
Mr.. Bennett before me, the company
admitted some Irregularities in their
charges and promised reformation, and
there the matter ended. At a subse-
quent period the subject was introduced
at Wheeling by Mr.. Hagans, one OF the
delegates from Preston county, but
without practical result In the mean
time the company continued their dis
against our local trade and
travel. 1t was reserved for the last
Legislature to take the first efficient
action to protect the rights and interests
Of our people in this regard. And so
great was this discrimination that the
merchants and other business men OF
Harrison and adjacent counties shipped
their freight from Baltimore TO Par
kersburg and paid the comPanys rate
Of charge therefor, and then paid five
cents per hundred pounds commission
at Parkersburg and twenty-eight cents
on the return freight from Parkersburg
to Clarksburg, and saved thereby from
twelve to twenty cents on the hundred
hounds. And the business men OF
TAYLOR, Marion and other counties on
the line OF the Baltimore and Ohio rail-
road proper shipped their tonnage from
Baltimore to Wheeling and paid for
returning it from Wheeling to Fair
mont or Grafton or other place Of de-
livery and saved q similar amount
This unnecessarily delayed the receipt
Of their merchandise and other freight
and was oppressive on the trade Of our
section. The charge for q passenger
ticket from Parkersburg to Wheeling ls