The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-08-19
BOARD OF COMMISSIONERS.

Ewing, Caldwell, Klevis, Reilly, Shep-
pard, Schultz, Wsddle and Whitman.
wHKELIas AND ELM GROVE RAILROAD.
The object Of the meeting was to hear
the report of the special committee ap-
pointed a. the last meeting, in regard TO
the restrictions TO be placed on the
} Wheeling and Elm Grove Railroad
Company. The following is thcir re-
port uea5 -R' 'i1
4Ae President and Board of Commission
ers: ......
GEsTLEMEN:-Y Your special commit
tee to whom was referred the matter OF
restrictions in grantir < the right OF way
across the Peninsula bridge, and along
the other various roads to the Wheeling
AL Elm Grove Railway Company, from
SAID bridge to its terminus at Elm Grove,
would most respectfully report, after
careful consideration, your committee
have imposed upon the Wheeling and
Elm Grove Railway Company the fol
lowing restrictions in connection will
the right of way granted to said Railroad
Company, by a majority vote of your
Board: .r..-.
LIST, That the Board Of Commissioners
of Ohio county, on authority of its
officers, agents, servants and workmen,
may 60 or enter upon the railway and
track which may be upon the roads or
the property or grounds of the county,
and on, over or beneath the surface there
of, for the purpose OF paving, altering
and repairing the roads, grounds or prop
erty of the county, or of making and re-
pairing drains and sewers, and other I'M
provements in or upon the same, or for
the purpose of making, repairing or any
other improvement SAID county has or
may wish to have, or place in the
sal 4 roods, grounds, and other property
of said county, as fully as though said
grant or any grant or privilege had not
been made TO 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 tracks in doing such work or max
ing such repairs or Improvements, and
the said county. in such case, also max
ing the necessary orproper repairs to
the road at its own cost.
I'd. That when the railway company,
in laying down Its roads, or in repairing
the same, or on any other occasion, shall
take up or injurc the roads or grounds of
the county, the same shall be relaid and
repaired to the satisfaction of the en-
gineer, or like officer of the county, at
the expense OF the said railway COM
pany, and that said company shall and
will keep in good repair that part of the
roads and grounds OF the said county on
which its railways or tracks is located,
and which is between the rails of the
track; and also shall and will, at all
times, make, lay, and maintain its tracks,
and the rails thereof, on Il level with the
surface or plane OF the road.
Sd. The said Wheeling and Elm Grove
Railroad Company shall make all neces-
sary changes at their own expense, in, to
or about the Peninsula bridge, in crossing
the same, and shall at all times keep the
same in thorough repair between the
rails, and that the speed of locomotives
shall not IN any case exceed three miles
per hour on said bridge, and that the said
Railway Company, IN laying down its
said tracks, shall be compelled to use I
rail, the same to be laid on one side
Of the bridge, and in no case in the cen.
tire.
4th. That said Wheeling and Elm
Grove Railroad Company shall be held
responsible and assume the liability u
the courts of Ohio county for any and ali
damages occasioned from accidents tC
persons or property, from any neglect OF
said company on the said bridge.
[Signedl GEO. CARNAuAN,
JOHN BAYTA,
JOHN W. SCHULTZ.
Mr.. Whitman offered the following
amendment TO the report, which Wa:
adopted:
Resolred, That the county authorities
reverse the right to levy toll upon upon
said Wheeling and Elm Grove Railway
Company whenever they see proper To
put toll on the general travel crossing
said bridge, or other county property
over which said railways track IS laid.
The report was adopted rs amended.
Mr.. Schultz offered the following
which was adopted:
Resolred, That the whole matter no re
committed TO special committee for TIT
purpose of drafting IN ordinance for the
same, TO be submitted at the next meet
ing of the Board.
On motion the same committee, Messrs
Carnahan, Bayha and Schultz, were con
tinued, to draft the ordinance.
RESOLUTIONS.
Resoired. That Henry Hellenblne b
paid $40 damages for the right of way
! on the Meeting House Hill road, thu
I same TO be taken from the appropriation
to said road. Adopted.
Resolved That the committee on Road:
and Bridges, in connection the Count,
Engineer and ID. NJ. Maxwell, Ritchi'
District Surveyor, be authorized to i'm
mediately repair all damages done t
Michael Miller's line of fencing on Thu
Elm Grove and Wheeling road. Adopt
cd.
Resolred, That committee be ap
pointed to draft an ordinance defining
the condition which gates should be KEEP
in on gated roads in Ohio county.
Referred TO the committee on Road
and Bridges.
Adjourned.