The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-12-06
Cleveland and the Valley Railroad.

| IAc CoPS, HiOc LEU COpltS, W.. lo.U
Cleveland and the valley Railroad
From the Cleveland Leader, November l6
We published yesterday morning the
memorial Of nearly two hundred of GU,
leading citizens requesting that the
Mayor call special election to pas:
upon the question of raising million
dollars by general tax for the purpose
of building the Valley railroad to the
county line. The Council, on Tuesday
evening, adopted a resolution autboriz.
ing and requesting the Mayor to issue
sucn proclamation, which, we under,
stand, he will do Immediately.
This movement puts the Valley rail
road enterprise before the public in a
new, and we are glad to say, more hope
tul light. The building of this impor
tant line of railway has been agitated
for now nearly a year. The amounts
required to secure its construction have
been pledged by private subscription all
along the line from this city to Bowers
town. its southern terminus; but Cleve-
land has subscribed less than halt OF
the $500, 900 assigned as her proportion
OF the necessary stock. Possibly tnr-
Their effort in this direction might be
successful, but it has been thought best
that the city itself should take hold of
the matter and build the road as far as
the county line, under the provisions Of
the law OF 1872.
The opinion is current that The pro,
posed action of the city in building this
road is illegal, or, at least, that the law
under which authority is claimed, is un-
constitutional. This opinion is not well
founded. 1t is true that the Constitu-
ton Article s, section g. does provide
that 1.-THE General Assembly shall
never authorize any county, city, town
or township, by vote OF its citizens or
otherwise, to become stakeholder in
any joint stock company, corporation or
association whatever; or to raise money
'or, or loan its credit to or in aid OF any
such company, corporation or associa-
ton" But we have the best authority
for saying that the law OF April %,
1872, does not conflict with this provl-
sion of the Constitution.
For the law of 1872 is Identical to
principle, and in all essentials, with the
law of May, 1869, generally known as
the Cincinnati railroad act, which latter
law 'caS decided constitutional by the jul
bench Of tie Supreme Court Of Ohio al
the December term in 1871. The Court
held that the mischief which the
Constitution sought to interdict
was "a business partnership be-
tween a municipality or sub division
of the State, and individuals or private
corporations or associations. ut
forbids," said the Chief Justice, H'the
union OF public and private capital or
credit in any enterprise whatever. y
But he added, "if we hold that these
municipal bodies cannot do on their o'cn
account what they are forbidden to do
on the Joint account of themselves and
private partners, it follows that they
are powerless to make any improve
ment, however necessary, Vith their
ocn means and on their sole account. W.
may be very sure that a purpose so IN
reasonable ,oaS never entertained BY tie
trainers of tie Constitution On the
ground OF this reasoning, the Supreme
Court decided that the city OF Cincin-
natl was properly authorized by the
law of 1869 to borrow money and issue
bonds, to build the Southern railroad
from that city to Chattanooga, Ten
nessee, with it's own means and on its
own sole account" and thereafter to
operate or lease said road at will.
The act OF 1872 simply extends the
principle OF the Cincinnati law, thus
affirmed by the Supreme Court, to
counties, cities, villages and town
ships" 1t provides that 1t shall be
lawful for any county, etc, to construct
a railroad, and to borrow as fund for
that purpose, q sum not exceeding five
per cent OF the assessed value. as two
thirds OF the electors OF such county, etc ,
voting at meeting called for that pur-
nose shall determine" And after the
road is built, the county or city build
ING il NAV lease or sell the road; but
the law says that no such contract OF
lease or sale shall he valid until the
same is ratified by majority OF the
electors voting at the election called for
that purpose. This decision places the
constitutionality OF the law under which
we are called to act entirely beyond
DISPUTE, and leaves the city free to pro-
coed with this business at its own dis
erection.
Az to the expediency Of the proposed
action, there can hardly be two opln>
ION. In 1869 Cincinnati voted $l0,-
600 600 to build the Southern railroad
-l5435 votes being cast in favor OF the
loan 10 1900 votes against it. The
Kentucky Legislature has blocked the
progress of the great enterprise, tut tha'
obstruction will probably be removed
this winter. Cleveland is not asked to
raise SlO.OOOO00, but only 81 ,0OO,OoO
to build a road no further than our own
county line, but which will secure US
advantages worth, In time, hundreds Of
millions of dollars This plan has sew,
eral advantages over that OF Individual
subscriptions. 1t secures a larger
amouut of money; builds the road
more promptly; distributes the expense
more evenly among those benefited;
namely, the whole population; and
iast and most important OF all, gives
the city an absolute control of the road
and secures us against the road ever
passing into the hands OF any Eastern
or other outside railroad corporations
In leasing it's part OF the road TO tn n e
- IL ,,,y con am "