The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-07-27
CITY COUNCIL PROCEEDINGS.
"WEDNESDAY EVENING, July 26.
SECOND BRANCH.


SECOND BRANCH.
The Second Branch met in special
session. e..
Present-Messrs. Altmyer, Baird,
Clasor, Caldwell, J. P. Crawford, How
ell, Hubbard, Hammer, List, Logan,
Lancaster, O'Brien. Phillips, steger, ],
G. Smith, Simpson, Sheppard, Weis-
garter, Warehouse and President
Forbes. an. &. -
The minutes Of the previous meeting
were read, approved and signed.
The bonds OF Benjamin Davenport
and Henry K. List as Compissioners
of the Sinking Fund were read anc az
proved. -
The committee on Railroads present
ed an ordinance in relation to giving
the right Of way to the Baltimore and
Ohio railroad on John street presented
the following:
| To the Mayor and Council Of tie City Of
Wheeling:
GENTLEMEN Shortly after the pas
sage of theordinance granting the right
10 the Baltimore and Ohio Railroad
! Company to construct track from the
south end OF their iepot to the Hemp.
field depot on Fourth street, subject to
certain restrictions, the committee or
Railroads received the accompanying
/! ordinance from Mr.. Randolph the
chief engineer OF the Baltimore ard
Ohio railroad, with the request that it
be passed as substitute for the one
already passed.
1t will he noticed that it differs from
the former one, in substituting three
fee: in the centre of Fourth street for
two and half feet; six miles an hour
in place Of four miles, and in striking
out the clause making the Baltimore
eand Ohio railroad company responsible
for damages resulting from the change
OF grade on John street.
Desiring a statement from Mr.. Gar
rett himself as to his views in relation
to the subject, part Of the committee,
accompanied by the Mayor, on an invl-
tation from Mr.. G., visited Baltimore
and had conference with him. He
gave as his reasons for asking the pro-
posed changes in the ordinances as fol-
lows:
First-That if he was confne,i to a
grade OF but two and halt feet in the
centre of Fourth street, the grade on
John street from the east side Of Market
to the middle OF Fourth street, would
exceed l22 feet to the mile, and that if
he was only permitted TO run his trains
at the rate of four miles an hour, it
would be impossible to pass heavy trains
over the route; that even allowing him
three feet on Fourth street and six miles
an hour, it would still make it difficult
to pass trains, but not impossible.
Second-To make him liable for ac-
tons for damage from the change OF the
grade of the street would be unfair and
unjust in view of the fact that our char
ter gives us the sole control OF the
streets and alleys, and the further fact
that when the corporate authorities Of
city alter the grade OF street for
the public benefit, no action for dam
ages from such change can be sustained.
He expected perfect willingness to pay
for all private property he might use in
the construction of the proposed con-
nection.
The committee on Railroads beiev-
ing the request of the B. d Q. Railroad
Company to be a reasonable one and
believing that the completion OF the
Washington, Pittsburgh and Baltimore
railroad would be an immense benefit
to our city, beg leave to request the
Council to adopt the accompanying or
dinance Respectfully submitted.
q. BAIRD,
Chairman committee on Railroads.
The following was also read:
BALTIMORE, MD., June Is, 1871.
To the Hon. Mayor and City ComcH of
Wheeling, W. Va:
The Baltimore and Ohio Railroad
Company respectfully request that the
conditions OF the grant Of the right TO
connect with the Hempfeld railroad
within the limits Of your city be modl-
fed, and that the accompanying draft
of an ordinance be substituted FOR the
ordinance passed the 18th Of April last.
Very respectfully,
80 JAMES l.. RANDOLPH,