The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-07-09
Tbe s4eet Railway Obstruction.

The street Railway Obstruction.
The declaration ofthsusuRl hAli.yeaEly
dividend BY the Street Railway Company
serves to remind the Wheeling public
that some Of the Obligations Of That cor.
poradon are being neglected TO their seri-
Gus injury. The narrow rail laid down
by this company is 3 slight obsruc-
ton to vehicles uEing the streets when the
adjacent paving Is In the best condition
practicable; but with the paving On 10Th
sides Of the rails in the condition It nGV
exhibits along the greater part Of the
line, and notably on the Island, the OBJ
struction 10 wagons and buggieS Is &c
great as to make the track Glnost 4 public
nuisance. The ordinance Of the city
granting this company the exclusive
privilege Of using the streets. Of The city
for it's track makes 1t condition Of such
privilege that the company shall HKeeT
in good repair that part Of The. streets ant
grounds ofthe city on which itsraiIwAy o.
track Is located and which Is between the
rails OF the track; and lay and maintain
It's tracks and the rails thereof on a 'eoe
cih lie surface or plain Of tie street, The
provision Of the CompSuy's charter-the
act Of the Legislature by which alone II
has an existence-is still more explicit
"The said railway company shall keeE
% much Of said streets in pErpetuG! ana
Qood repair as are used by the said com
pAny from The distance Of ttro Jet on III,
outer side oC0Re rdU 10 Ike distance on III
outer side Of the opposite rail Of their said
track, at the proper expense oil SAID
company"
These provisions are perfectly clear aud
unmistakable; yet everybody in the city
knows that for years they have been
grossly disregarded, and meyer more
disregsrdea than now. Whoever has eyes
msy go along the track oil this railway
and lind that 10 localities most used
by the commerce Of the city, the rails
stand IRON two to six or eight inches
above the paving that ought to join them.
In some places the depressions extend all
the way between the rails, sometimes FOL
a foot or two on the outside, and some
times they take the shape of deep ruts or
either or each side Of the rail from which
vehicles can hardly extricate Themselves
without imminent risk Of breaking
wheels or axles. Our readers know
that such bresksges from such causes
have been frequent incidents Tor years
and they are less frequent now only
because people have learned 10 avoid
the track and wherever possible the
streets It Is laid on. There is no need at
all Tor such a state Of things. The track
would not be such a serious obstruction Il
the Company kept it in the condition re-
quired by the charter sndthe city ordln-
ance. The surface between the rails and
for two feet out side Of each is TO be KEPT
in good repair and level with the top Of
the rails. II that were done the track
would scarcely be in the way o. vehicles
AZ all. II would require few hundred
dollars year to keep the track in this
prescribed condition. The dividends
might fall OF or per cent and the stock
might not quote so high; butthey would
stlll be satisfactory We have no doubt
while the people oil the city who
are supposed to have some rights IN the
use Of the streets would Be relieved
ofa serious and uuwsrranted imposition
and injury. Is there any reason Why
this state Of affairs should be longer toler'
ated? We have RETAINED for long time
. from giving uIterAnce to the general com.
plants against the company's neglect Of
its track, hoping that the wrong would be
voluntarily righted or that the authorizes
would enforce remedy; but there seems
no way to reach the evil except by ma
king the grievance matter OF newspaper
comment in this way and invoking public
sentiment to compel the authorities and
the company to do their duty. We dis
claim In advance any hostility TO this
company or any willingness to. do it injury;
but the people Of the city are suffering =
wrong at Its hands, they have suffered it
long and patiently, and It is time to apply
the corrective. The railway company
Is prosperous. 1t is abundantly able 70
fulfill itS obligations, and why should 1t
not? 1t enjoys liberal privileges and ex-
emptionS accorded to no private citizen.
While the charter grants these, it also Sc
cures the citizen against injury from this
corporate beneficiary. Let the charter be
enforced impartially. Let its benefits be
mutual and reciprocal. The rights Of the
general public are not always to be held
in allegiance. The conditions o! this CHAR.
Ter are not always TO be disrcgaEded with
impuntty. Citizens who suffer injury in
consequence Of long continued and wiliul
violation OF It's conditions have remedies
which, II enforced in the courts, would
cut of the fifteen years exclusive privi-
leges and exemptions when they had lived
out but half their days. The company
had better make haste to DO its duty. Ii
I, 1oaa mt "a tyre, tho o;,,, .,,L ..;,;,.