The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-02-15

lily INTELLIGENCE
. eliminated in the passage OF the act
. March 9th, 1S47. It will be remembers
Sir, that on the 18th day OF March, 1888
I the General Assembly Of Virginia passI
| an act prescribing general regulations 4
the incorporation and government Of raj
road companies. That act provides tn
/. II shall apply TO oil the railroads cher
after constructed In the State" II ",
not made retrospective, neither was
intended 1t should apply to any corport
ton already constructed, but made 70 al
, ply 10 the future. In that act the rates
charges were fixed for the transportatio
o. ireights and passengers. The Act {
March 9th, 1887, provides Ia the 9th SCI
ton that the b, & o. r, Il. Co. shall i
subject 10 the provisions Of the Act OF tn
General Assembly Of the 18th OF March
1887, with respect TO that portion OF th
road heretofore or hereafter constructed /
this Commonwealth so lar as properly az
plicable, Then follows the ptoviso In tha
section placing q Limitation on the charge
for the transportation Of freight and pas
sengers; directing, 'intimating and imply
ing that the i. & o. r, Il. Co., II they &C
cepted the Act OF March 9th, lS47, Woult
have the right TO make charges under tn
act Of 1887, but must exercise that righ
under the Limitation OF the act OF Marcel
9th, 1871. II has been said, Sit, that tn
provisions OF the I'd and 9Th sections o
that act was incorporated into that act a
the behcst and demand Of the citizens o
Wheeling, claim which do not think i
well founded Some OF the provisions oftha
act may have been incorporated at tn,
demand Of the city OF Wheeling, but there
are other and broader views expressed by
members OF that Legislature which led e
the Incorporation OF these provisions II
the act OF March 9th, 1917, and | desire TO
read, first, the first section OF that act. Lei
us sec what 1t means:
Here lleread section LIST, act OF March O.
1871
TiETERNINus OF THE ROAD.
1t will be seen, sir, from the reading Of
the first section that 1t makes the terminus
otthe Baltimore and Ohio Railroad Com.
pany at point designated in the act north
OF Wheeling Greek, in the city OF Wheel
ing. There Is where the depot stands to.
day, and there Is where the depot was 10.
Gated in obedience TO the demands Of this
law, and that depot was made the termi-
nus Of that road. The second section Is a
very important section, to which desire
to call the attention OF the Senate:
Here he read the second section
Mr.. President, does II not seem a
strange provision that the Assembly Of
Virginia should compel the opening OF q
road hundred miles in length oil at the
same moment; thai they should not be
permitted to transportone pound Of freight
until theroad was open from end to end I?
Did any gentleman ever hear OF like
proposition being enforced by any Leg
stature OH any corporation? Why,
sir, 1t would be hootetl'a at to-day as dis.
elimination, as imposing burden on a
railroad, unjust and unreasonable. Why,
then, impose the condition on this compa.
ny? Mr.. President, l am not yet very
old man, but | remember as distinctly al
mostas II it occurred a month ago the day
the magnNtes Of the East assembled in
Wheeling to celebrate the opening OF the
Baltimore and Ohio Railroad. l have a
distinct recollection, from the express
sions Of the newspaperso OF that day that
the Baltimore and Ohio Railroad Compa-
ny was struggling to reach or cross the
river at the mouth OF Fish Greek, and 90
up Sunfsh valley, penetrating the int.
rior ofthe Northwest. In this first sec.
ton it is shown that the company was
seeking to go down Fish Creek valley,
reaching the Ohio river twenty-iour miles
from the City Of Wheeling, yetthe Legts-
laturo sawfit to compel that company to
reach the Ohio river at Grave Creek, pro.
vided the cost did not exceed the cost
that would be necessary to construct 1t to
Fish Creek, and providing the City OF
Wheeling should pay that additional cost,
They compelled them to 60 to Mounds.
vile, TO reach the Ohio river at the mouth
Of Grave Creek. And why did they not
lot them receive freight from the Ohio
river at AToundsville before the road
should be completed to the city OF Wheel.
ing? 1t was to prevent that company
from establishing depot, SO far as It
could be done, at Moundsville for the re.
ception Of western freight. They declared
that the road should be opened simulta.
neously from the MonongIlela to the city
OF Wheeling. Would that prevent them
from establishing depot at Benwood or
Moundsville2 :.
Is there anything in here to prohibit
them from doing that? Havn't they the
absolute olght to receive freight any place
on the Ohio river? Certainly they have.
1t Is only us m inducement to encourage
the company, or induce them to locate
tho depot in the city OF Wheeling. The
report OF the committee states there is a
two fold purpose IN this second section,
and the latter part OF that section says:
tlere he read the ID seCtion.l
Now, Mr.. President, upon the interpre-
tation OF that clause Of that act rests all
the rights OF the people of West Virginia,
il that be taken away then there is not one
vestige left. Now, sir, desire 10 inquire
whyshouldthe law declare that the rate OF
transportation for freight and passengers
between Baltimore and any other point on
said road within direct distance OF five
miles from the Ohio river shall be the
same rs between Baltimore and Wheeling.
Why fix any point on the Ohio riyerP
Why not say Benwood? Why not say
"OuIuShAhSI II 4Ou uTG W govern tHB
rate from Wheeling by those small
stations, and the railroad company report
that they have no business at Benwood,
andyou would take tho little stations OF
Bcnwood or Moundsville and you would
say that tho great commerce and man.
ufaGtnrers Of the City OF Wheeling must
pay as much as those stations do. Is that
reason? Is there any reason In that?
Why, sir, have always been taught that
the least must give way to the greater.
What isthis intended TO reach2 / have
only to turn to the first OF this same book
here, and have a complete
delineation OF tho objects and ends and
aims OF tho company. ] read from tho
preface OF this book called Claws and Or,
dinances OF the Baltimore and Ohio Rail-
road Company" Here he read the pre-.
face.
TIE PURPOSE OF ITS CONSTRUCTION.
This Baltimore and Ohio Railroad was
not constructed to reach the commerce Of
Wheeling II was not constructed 10 rench