Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-08-22
IN SPITE OF EFFORTS TO PREVENT.

the p, w. & Ky. Division Ofthe p, G.
& st. J.. road.
The Baltimore roads men early in
the forenoon constructed second
switch on the land claimed by them,
but also claimed by some OF the authorl-
ties for the city by the terms OF the
contract by which the b. & o. Co. Sc
cured possession OF their depot sites, the
text of which contract will be found iol-
lowing.
After the completion of this track the
workmen were returned TO the trestle
south of the creek, where work was
stopped by City Sergeant Sweeney on
Wednesday, aud by evening this was
far advanced toward completion. Dur
ing the day the City Surveyor, Walker
Peterson, run the continuance OF Twen-
tieth street to the river, and in so doing
discovered that, according 10 his survey,
the line of the street falls at the river
end within the length OF the switch
necessary to be constructed TO connect
with the track 10 be laid on the trestle.
The Committee on Streets and Alleys
met several times in the Council Cham
Der Yesterday, but their proceedings
were altogether private. After dark
somewhat, several members OF the
Committee were seen by REGISTER
representative to go toward the p. w.
& Ky. freight office. and TO that spot
the reporter repaired, only to be in
formed that no one was present but the
clerks OF the office.
Returning to the other side OF the
street, he saw another prominent city
official enter the building. Again in
curing of the Waterman, he was in
formed that the only inmates of the Of
flee were the clerks and "some OF their
friends" This vague term excited the
curiosity of the reporter, and he laid for
the assembly's adjournment. When
this took place gang OF wOrkmen num-
boring perhaps one hundred and fifty
were quietly ushered upon the scene.
A train loaded with railroad iron was
run out on the switch east of the p. w.
Il Nv. freight depot, on Water street,
and new track was speedily laid, con-
Meeting with the track mentioned, and
extending in straight line southwardly
to the north bank of the creek. The
terminus of the track is therefore almost
directly opposite the terminus OF the
proposed B. & o. switch on the trestle
now being erected south of the creek.
The track also passes directly
across the new track laid by the B. Il
q. Co.'S employees, yesterday morning.
A track was also laid south OF the
creek, extending northward along the
river bank in the same vicinity as the
switch which the police prevented the
b. 4 o. Company from laying on Mon
day.
The process of construction was be-
gun about a halfhour after midnight, and
before long the B. & 0. officials knew
what was being done. Accordingly an
engine was brought out and several cars
run upon the newly constructed b. x
q. track.
1t was found necessary for the pur-
poses of the road to tear up some length
of the switch constructed by the other
road on Monday, and alleged by the
city to be upon the extension OF South
street. and also the parallel switch built
Yesterday a few yards east. This was
done without hesitation, and the cars
which had been run upon the switch
were lifted off, and set out OF the road.
At this writing, las, the work OF the
7. w. d Ky. road was progressing
steadily.
The city claims the landnOw occupied
by both roads, and has conveyed the
right to lay atrack upon tito the 7. w. d
XIV. railroad by an ordinance, under the
following contracts. 1t will be seen,
however, that it is therein stipulated that
the land "from the creek or river bank to
and into the creek or river" shall be
conveyed to the city within thirty days.
Captain Devries stated to a REGISTER
reporter yesterday that this had never
been done, and cusory eXamlnatl) IN
fails TO reveal on record any deed. Two
questions therefore remain open: Is the
land in dispute included in the space
between the top OF the banks at that
time and the water? and, Does the
mere stipulation that a conveyance
shall be made, the conveyance
not being made, give any claim
to the city for the land in question?
The documents below are correct
transcription from the records at the
city building, and are worthy of preser-
walton for future reference:
CONTRACT
For subscription of stock to the Balti-
more and Ohio Railroad Company,
approved by Council July 10, 1917:
WHEREAS, On the sixth day OF July,
1917, it was agreed between $. Brady,
NJ. Nelson, ID. NJ. Edgington, James S.
Wheat and Daniel Lamb, committee
on behalf of the city OF Wheeling, and
Samuel Hoffman, J. W. Patterson,
Thomas Swami, 7. p. Scott and Lewis
McClain, a committee on behalf of the
b. & o. X. X. Co. as follows, tO-wit:
The committee of the city OF Wheel
ing on their part will recommend to the
authorities OF said city to agree in prop
er and binding form as follows:
l. To procure for said company free
from expense to said company suitable
and sufficient grounds, to be approved by
the Company, for a depot at which to
receive and discharge passengers and
freight, not exceeding two acres, on the
north side of Wheeling Greek, in said
city, at any time that may best suit the
convenience of said city previous to the
commencement of the construction Of
the B. & o. r. X. adjacent to this city.
.. To secure to said Company the
right of way through said city TO the de-
pot provided for by the preceding ar
ticle, free of cost to said R. r, Company,
and the right to pass and repass to and
from said depot by means of locomotive
engines moving within the said city at a
rate of speed not exceeding toul miles
per hour, unless a greater rate OF speed
shall be expressly assented to by the au-
thOrities of said city.
3. Whenever the b. d o. K. r. shall
be completed from Cumberland to the
point OF its crossing the Monongahela
river, and said Company shall be pre-
pared and declare their intention 10
commence the construction OF said road
from thence to the city OF Wheeling,
then the city of Wheeling shall sub
scribe to the capital stock OF said R. r.
Compay 5000 shares, amounting TO
the sum of S5OO,O00 which shall be paid
to said Company in such installments
as said company, through its directors,
shall demand, either in bonds OF said
city guaranteed by the State OF Virginia,
bearing interest at the rate of 6 per cent.
per annum, payable semi annually, and
the principal payable at the end of 20
wears from the date of said bonds; or in