The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-08-05

heretofore cost the dealer SO; while q
car Of the same capacity from Wilson's.
ours, Clarksburg. Bridgeport, Grafton
or falrmont costs $50, and l ain told
tnat a car Of the same capacity from a
point one hundred miles in the interior
OF the state OF Ohio costs the same price.
And thus the cattle grazierand dealer
|. OF the interior Of the State Of Ohio were
brought BY these determinations against
our locality as near TO an available
Eastern market as those Of our owr
State, so far at least as the cost o.
4 transportation is concerned, virtually
and effectually denying to and exclud
ing our farmers from the benefits o
their geographical position. And then
if this company were not subject to the
act of lS47, but made their road
under, and were governed by the act Of
1897 as modified by the act of 1899
then, the company, its stock or proper
ty OF any description would not be sub
ject to taxation, State, County, Town,
ship or School District The issue pre-,
sented then involved important results
to the people OF the State at large as
well as to those living adjacent to and
on the line of this road. The last Leg
islature so understood the question; and
after reciting in preamble some Of the
facts above indicated, further declared
with unusual unanimity,
WHEREAS, The magnitude and char
acter of the issues involved, require and
demand speedy and definite solution;
therefore,
BE IL Resolved By The Legislature Of
West Virginia, That unless the said Bal
timore and Ohio Railroad Company
shall on or before the first day OF July,
1871, communicate to the Attorney
General of this State its unreserved re.
cognition OF the fact that the said Act OF
the General Assembly OF Virginia, pass.
ed on the 9th day of March, lS47, is
binding upon said company, and that
the said company is subject to, and will
thereafter be governed by its proyi-
sions, and shall in the meantime so
modify its tariff of charges for freight
and passengers, in pursuance of the pro
viso contained in the sixth section Of
said act, as not to discriminate there.
after illegally and unjustly and oppres-
sively against the trade and travel OF
the citizens of this State, il shall then
be the duty OF the said Attorney Gen
eral, and he is hereby required to in
stitute proceedings against said Baltl-
more and Ohio Railroad Company in
the proper judicial tribunal Of this
State, by information, in the nature OF
quo ,cdrTdnto, or 10y such other judicial
proceedings as the said Attorney Gen
eral may think most effective to enforce
a compliance on the part OF said com.
pany, with the several provisions Of its
charter, or to abrogate the same.
ReSolred, That should the said com
pany make such communication as is
mentioned in the foregoing resolution,
the Attorney General is hereby request
ed to deliver the same to the Secretary
of State, by whom il shall be filed in
his office
ReSolvcd, That a copy OF these resoiu'
tions be by the Clerk OF this House
communicated to the President Of the
said Baltimore and Ohio Railroad Com
pany."
In response to these resolutions, the
Company has given prompt and une
quivocal answer Before the first oI
July they communicated TO the Attor
ney General of our State, Joseph Sprigg,
Esq, the following paper
To tie attorney General Of he State Of
West Virginia
In conformity TO resolutions OF the
Legislature OF West Virginia, passed at
the session thereof which commenced
in January, 1871, concerning this Com.
pany, the Baltimore and Ohio Railroad
Company doth hereby certify and com
municate to the said Attorney General
its unreservcd recognition OF the fact
that the Act Of the General Assembly
of Virginia, entitled "An Act to author
ize the Baltimore and Ohio Railroad
Company to construct the extension Of
their Railroad through the territory OF
Virginia passed March 9Th, lS47, is
binding upon this Company, and that
this Company is subject TO aud will
hereafter be governed by its provisions.
In testimony whercofthe said Company
has caused these presents to be signed
by its President, and it, corporate
seal to be hereto affixed.
Done and certified, signed and sealed, at
Camden Station, the principal
+-+-++ office of business OF said Com.
+. ST. pany, at Baltimore, in the State
- - - Of Maryland, this 2jth day Of
June, 1871
.- ... j. W. GARRETT,
Pres. L. & O X. K Go.