The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-04-05
The Legal Status Of the wheeling q
Belmont Bridge Company

The Legal status Of the wheeling q
Belmont Bridge Company
We have been shown memorial pre-
pared at tho instance Of many citizens
living on the Island, supplemental to a
petition OF theirs presented at recent
meeting Of Council, praying that body to
compel the Wheeling d Belmont Bridge
Company to remove certain distractions
from tho roadway at the west entrance to
the Suspension Bridge. The supplement
tai memorial, which will be presented to
Council, we learn, at its next meeting, IS
a general review and examination OF the
legal status Of the Bridge Company All
the legislation to which the Company
owes its existence, and under which 1t
claims franchises, is carefully examined
with view Of ascertaining just what
rights and powers the Company Is le'
gally possessed Of, with a view, secon'
darby, of determining to what extent
the corporation is subject to the con-
troll Of the city. The object is to show
that the company really has no franchis'
e. in law and collects tolls simply by the
suiFerance oil the community and that
this being true the company ought TO
manifest more regard than 1t does for the
convenience OF the public in certain par
ticulars mentioned, and that persisting In
refusal to do this, 1t is the duty Of the
council to take the Company in hand and
enforce such regulations as the interest
and convenience Of the citizens demand
We do not know just how much OF
case a lawyer might be able to show on
the other side, but it strikes US the wrl'
ter of this memorial makes pretty
strong exhibit Of law and logic for his
side Of the question. The general argu-
ment we understand to DO In brie!, this:
That tho Ohio river being q public and
national highway, the legislation where
by the State Of Virginia undertook to
authorize a private corporation TO bridge
1t in such q way as to obstruct navigation,
and to collect tolls on such q bridge, was
an assumption Of authority the State did
not possess, but which was lodged only In
Congress; that the bridge was an illegal
structure and the Company had no valid
right Of property in 1t nor franchises In
the use Of it, until 1t was legalized by the
action of Congress, 10 1859, declaring it a
lawful structure and making 1t post
road; and that as this act simply gave the
Company q right Of property In its
bridge, but no franchises, no right to col
lect tolls has ever been in fact conferred
on the Company at all.
The memorial also argues that the
Company has no exclusive privileges as
to either ferries or bridges between the
Island and the two shores; and the argu-
ment appears to be pretty well fortified by
citations Of law. The document is one
that may well receive the careful atten-
ton OF Council.
There is no disposition anywhere, we
think, to be hard on the Bridge Company
even If the positions oil this memorial
should be found correct. Those who are
familiar with the Bridge controversy here
twenty years ago, when only the inter.
veDtlOn of Congress saved the structure
from being pulled down, say 1t became
well understood then that the Company
was destitute Of real authority TO collect
tolls; but as u matter Of equity, the com.
munity, recognizing both the value OF the
work TO tho city and the natural right Of
the Company which had built and sus'
tanned 1t to due reward for their invest
ment and pluck, made no objection, and
has meyer made any since to the payment
oil tolls. Every corporation which exists
by public favor and subsists by tho pat
ronage Of the public, Is bound 10 render
that public the best service it can. 1t Is
bound TO show some Difference to the
public wishes and some regard for the
convenience and advantage Of its patrons
This ought to be more especially true o;
corporation whose business rests not on
legal franchise but on public tolerance.
We do not assert that this is the status Of
the Wheeling s Belmont Bridge Com.
pany; but VIC say that a strong argument
has been made to show that 1t Is; that the
question is likely to become one of so
much consequence as to oblige the Com
pany to show the contrary II It can; and
that meanwhile It would be not only pru.
dent but right in itself for the Company
to make every reasonable exerliOn to
remedy the matters complained of by the
people on the Island.
political affairs in Virginia are dccI.
dedly mixed" AGovernor Is to be cleo.
ted next fall, and there are three factions
in the field, Tho first Is known as the