The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-08-07
r., w. 6 hy. II. X.

Editors OF the Register.
The question is often ssked in where
the F., W. & Ky. K. K. is going TO ben
etit the manufacturing Interests in the
lower wards of this city, Us the present
terminus OF this road ends at the north.
west side of the B. u 0. K. K depot,
which prevents the delivery OF treights
lower down. This b. u .. K. K. being
the owner OF the grounds at the mouth
of the creek, leads many persons to sup
pose that the F.. W. j. Ky. K. K. would
forever be prevented from going farther
south. | am aware this argument has
been publicly used by officials OF the B.
& D. K. Z, as well as with others,
against the building of the P, w. II Ky.
K. R.; for what cause and purpose l
leave the public to judge.
1t is, | believe, not generally known
that an application had been made to the
Legislature of this State, at the extra ses-
sion OF 1876, then sitting in this
city, for the purpose OF having n
general State law passed requiring
of each and all railroads coming into the
corporate limits of any city in this State,
that each should have the right to pass
freight cars over the tracks of each
others road, to and from the various sta
tions to any manufacturing establish
ment in the cities in reach OF their re-
spectlve tracks, each road paying TO the
other lust compensation for this service.
The bill provided, in case the companies
could not agree upon tariff OF rates,
that the compensation was then 10 be
fixed by the Board OF Public Works.
This, believe, was the feature of the bill
As well as | now remember. This is the
law and manner of doing this work in
many OF our States. 1t could not be
otherwise, as it would be impossible for
each road TO lay tracks through the vsrl-
Gus streets necessary TO accommodate the
manufacturing interests in the cities
without great detriment to the roads
themselves. Therefore such rule or law
is necessary for public benefit. This mode
was adopted by the P. w. & Ky. r. r +,
sno the invitation extended to sll other
roads To pass over her tracks lying with
IN the corporate limits of this city.
Now, | would ask Whist was done on
the part of the b. & o. r. r. in regard TO
the passage of this law, asked for By our
own citizens, as public necessity? Why,
sir, the first thing this company did
after the bill had been introduced was to
send in their employed lobbyists with
them, and through their attorneys, as
then members OF the Legislature, inter-
fered and prevented the passage OF this
bill BY putting forward some of old Nlr-
ginia's long exploded States rights
notions Of this b. i y. r. K. OF perpetual
right of franchise obtained by them years
ago which as they thought should for
ever exist. They had the members be
lieve that the laws and Legislature had
no right to meddle with this
b & o. K. r or her wishes. So by
these means the matter was set at rest.
This was the policy this rosd pursued At
that time. suppose this company felt
as they would have the privilege Of using
other roads tracks, so il wsS not well 10
be msgnanimous enough 10 allow those
tracks 10 be used by any other road.
Now ! can only say to the msnutsc-
tories in the lower part OF this city that
the B. & o. road cannot be ruler over
all things; that it will be In the power of
the p. w. d K. road, when the proper
time comes, and the public interest de-
msnds the extention OF this rosd down
to these mills, that 1t will be done not.
withstsnding the defeat of the law asked
for. To be sure the b. & .. road does
own the ground above snd below the
mouth of the creek. This does not pre-
vent the exercising Of the lawful power
of condemnation OF property for public
use, as provided for in our Constitution
and laws, the language OF which
give, article IL, section II: "The
exercise of the power and the rights
OF eminent domains shall never be 80