The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-04-09
WHEELING AND BELMONT
BRIDGE CO.
Its Legal Powers and Privileges.

Its Legal POWERS anu FIlVlIeseS'
PETITION TO THE COUNCIL OF THE CITY
WHEELING CONCERNING THE WHEEL
ING AND BELMONT BRIDGE co.
10 tie Council efGIs CITY Of REeeling:
Your petitioners having heretofore sub.
mitted to your honorable body a petition
asking for the abatement Of certain null
sanCes erected and maintained by the
Wheeling s. Belmont Bridge Company
upon the Western approach TO their wire
bridge, would respectfully submit the fol-
lowing, as supplemental thereto, that you
may not only be made acquainted with
our other grievances arising from the neg.
ligent disregard Of said Bridge Company,
I6r the convenience and safety oil the pub
lie, but, also, that you may be-iully in
formed OF the rights and privileges OF said
Company, in order to tho better Correc-
lion OF the former. And in this matter we
complain that the said Bridge Company
are negligent and unmindful Of the rights
and the convenience and safety Of the
public:
In obstructing the western approach 20
their wire bridge, more particularly get
forth in our former petition;
In not lighting by gas or otherwise their
bridge at night, Us Is the case on oil other
bridges Of like structure and length;
In not keeping the tracts OF their
bridges free from mud, slop and snow;
In not keeping the tracts Of the wire
bridge free OF ice, but allowing the same
to remain to tho serious injury OF teams
and the carrying trade over the same;
In treating all just complaints Of grlev.
ances with indifference, orreplylng there.
to in insolent language;
In indirectly requiring those who pay
their tolls by the month or year, to pay
additional every time they see fit TO use
tho convenience Of the street railway;
In claiming and exercising the unlaw-
full right Of collecting tolls from those who
embark from the Island on steamboats,.
And all this, as We will undertake to
show, while they, the said Bridge Compa:
nv, exercise and have so long exercised
the toll franchise by and at the for6ear-
auce and BuiEerence OF the public, and not
because OF any such lawful right belong
ing to them.
That this assertion or claim may not
seem presumptuOus and untoundcd we
would respectfully ask your attention to
the grounds of our belief, namely:
Tie charter under which the original
bridge was built, was composed OF five
several acts of the Legislature Of tho State
Of Virginia, namely: Act Of February II,
1915; act of March 10, 1886; act OF March
10, lS47, and act Of January II, 1850. :
The portions thereof material to the
question under consideration are: 80
soon as the said bridge shall be compile
ted, II shall DO lawful for the said compa.
nv 10 demand and receive the following
tolls and rates for passing tho same, that
Is to say For a man, horse, mule OF
work OK, twelve and half cents; for all
riding carriages, wagons and carts, TWEEN.
ty.iVe cents per wheel; FOR every head Of
neat cattle, six and quarter cents; and
for every sheep, hog, goat or lamb, two
cents, and no more" Part Of section ID,
act of Feb. II, 1916.
THAT upon completing the said bridge
from either bank Of the said river TO Zanes
Island therein, the said company shall be
entitled and they arc hereby authorized Ia
demand and receive half the tolls hereby
granted" Section 10 Of act Of Feb H.
1916
1.-THE said company shall have power to
erect and keep wire suspension bridge
on and from Zane's Island to and upon the
main Virginia shore, or bank, at the city
Of Wheeling" Section s, act Of March 10
lS47, amendatcry OF acts Feb. II, 1915
and March 10, 1886.
ut tho said bridge, mentioned in thu
eighth section OF this act, shall be 80 cree
ted as to obSlruct the navigation Of thu
Ohio river in tho. usual manner by sucl
steamboats, and other Gratis as are nov
commonly accustomed to navigate thI
same, when the river shall be as high q
the highest floods therein heretofore
known, then, unless upon such obstruc'
ton being found to exist, such obstruction
shall be Immediately removed or rene
died; the said last bridge may be treatet
asa public nuisance and abated accord
ingly." Section II OF act March 10, 1S47
amGndatory Of the act Of February "a
1916 goo. VI
Whereas, The Wheeling and Belmon
Bridge Company, by virtue OF an ac
passed March 10, 1847, entitled An &C
to revive and amend tho set entitled al
act incorporating a company TO erect I
lOllbridge over the Ohio river at Wheel
ing passed Feb. II, 1916, and the act sup
Elementary oil said act, passed March 10
1885, have erected across and over tn
main channel Of the Ohio river, from tn
main Virginia shore to Zanes Island a
the city Of Wheeling, in Ohio county,
wire suspension bridge, consisting Of
single span Of one thousand and ten fee
from centre to centre Of the supporting
towers the height OF which Is ninety fec
at the eastern abutment, ninety'three an
a half at the highest point, and stxtV-tw
leet at the western Gbutmcnt above 10y
water level; and whereas, tho fOurteent
section Of the said act Of March 10, 1874
provided amongst other things, that u
said wire suspension bridge should DO
erected as not to obstruct the n8vigatiO
OF the Ohio river in the usual manner b
such steamboats, and other crafts as al
now commonly accustomed TO navigai
Tue same, when the river shall DO as big
As the highest floods therein heretofoI
known; and whereas, doubts have arise
as TO the true construction and meaniu
VI the said fourteenth section, and Il