The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-10-17
BoARD OF COMMISSIONERS.

Grove railway ofuiueDSe auu Ius e'eS-
ton lreturbs.
Absent-Messrs Reilly, Klevis, Wad-
die and Caldwell.
On motion, Mr.. j. B. Sheppard was
called to the chair.
TIE Wheeling and Elm Grove railway
ordinance was taken up, amended and
passed, as follows:
An ORDINANCE granting the Wheeling
and Elm Grove Railway Company the
right to construct Il street railway on |
the public roads and bridges of Ohio
county from Wheeling to Elm Grove.
SEC. /. Be 1t ordained by the Board Of !
Commissioners Of Ohio county, That in
consideration OF the agreement any re-
striction herein contained, on the part of
saia county, there is hereby granted to
the said railway company, the right ana
privilege of making ana constructing
street railway track on and over the public
roads and across the bridges Of OHIO
county, from Wheeling to Elm Grove,
tor fifteen years from the passage OF this
ordinance, and OF running cars on the
same for the said time, subject, however,
10 the restrictions, agreements and con-
ditions imposed and mentioned in this
ordinance. Provided, that the cars or
other vehicles placed or run on said rail-
way shall be moved or drawn by horses
or mules, and not by steam, and that the
guage or width of the said railway shall
be not be more than five feet and two
inches or less than three feet.
e fttrt hAr ord
agreed, that the Board of Commission
ers or authority, by its officers, agents,
servants and workmen, may go, or enter
| upon the railway or tracks, which NAV
be upon the public roads, or other prop.
erty or grounds of tho county, and on,
over or beneath the surface thereof, for
the purpose OF paving, macadamizing,
altering and repairing the roads, grounds
or property OF the county, or OF making
or repairing the roads, grounds or prop
erty of the county, or OF making or re-
pairing drains, culverts or other improve
ments in or upon the same, or for the
purpose OF making, repairing or
altering any or other improvements
the said county has or may
wish to have, or place in the
said roads, grounds and other property
of said county as fully as though said
grant, or any grant or privilege had not
been made said railway company, the
SAID county in such case not doing or
committing by needless delay or other
wise, any unnecessary injury to said rail-
way or tracks in dong such work or
making such repairs or improvements,
and the county in such case also making
the necessary or proper repairs to the
road at its own cost
SEC. 8. And it is further ordained and
agreed, that when the said railway COM
pany in laying down the track of its
roads or way, or In repairing the same,
or on any other occasion, shall take up
or injure the public roads
grounds, or other property of the county,
the same shall be repaired to the salts
faction of the General Superintendent OF
county roads, or like officer OF the county,
at the expense Of the said railway COM
psny, and that the said railway company
shall and will keep in good repair that
part of the public roads, grounds or other
property OF the county on which its rail
wsy or tracks are located, and which is
bet ween the rails OF the track, and also
shall and will, at all times, make, lay and
maintain its tracks and rails thereof on
level with the surface or plain of the
public roads, grounds, &c'
SEC. 4. And it is further ordained
and agreed, that the said Board of Com
misslOners will, so far as it may have
power to do SO, enact proper ordinances,
declaring under proper penalties, that
wagons, carriages and other vehicles,
shall give way 10 the cars of the COM
pany, and for the protection of the SAID
company, in the free and unrestricted
use of its said railway.
SEC. s. And it is further ordained and
agreed, that the said Wheeling and Elm
Grove Railway Company, shall make ali
necessary changes at their own expense,
in, or to, or about the Peninsula Bridge
at Fulton, in crossing the
same. aud shall at all times keep the
same in thorough repair between the
rails; and it is further ordained and
agI ed that the same railway company in
LAYING down the track, shall be compell-
ed to use 1T" rail FROM 2 to - inches
high and not TO exceed Is pounds to the
ward. The same to be laid on one side of
the bridge, and IN no case in the centre
Also, 1t is further ordained and agreed
that said railway company, in laying
its track on any bridge OF the county,
shall plank, beveled, not less than ten
inches on the outside of its rsils, and to
be hoored between the rails.
SEC. 6. And it is further ordained and
agreed, that the said Wheeling and Elm
Grove Railway Company shall be held
responsible and assume the liability TO
the county OF Ohio from any or all dam
ages occasioned from accidents to persons
or property from neglect of said railway
company on the said bridges, public
roads, grounds, &c.
SEC. 7. 1t is further ordained aud
agreed that the said railway company
be allowed the privilege OF constructing
a turnout, or switch, on Centre street, in
the town of Fulton, but on no other
street or grounds belonging to the
county.
SEC. 8 And it is further ordained and
understood that the said railway com
pany shall and will observe the
termsland provisions of its charter, and
which is recorded in deed book 62, pages
49,, 1873, and l39, among the
public land records of Ohio county.
West Virginia, except as in so far
as the same way be lawfully changed or
modified by the provisions " this ordi-
nance and agreements.
SEC g. This ordinance shall be in
force when agreed to and accepted by
said railway company.
Mr.. Bayhs then offered the following,
which was adopted:
Resolred That the county engineer be
ordered to have such work done TO the
bridge over Coal run, at Fulton, as will
be necessary TO protect the foundation Of
the abutments, to be paid out Of the local
levy due Washington district.
A communication from Jtrlp Lsun-
der was received, setting forth that the
election Of James Bulger IS Justice of
Union district was fraudulent and illegal,