The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-01-16
refer the whole subject 10 the wisdom AMI
discretion Of the Legislature,
Respectfully submitted,
j. A. RoBiNsoX,
I.. JoHN G. JOHNSON,
ROBERT LOWE.
MINORITY REPORT.
JOINT REsoLurIoN NO. 10.


lont conmltCa nQpslstIus Of two on the part VI u
SENATE and three on tn part u the HOUSE d Delegate
" appointed With power and they are hereby drcCti
ani Instructed, 70 make inquiry iu!o the ehafgc. I
kailfDad and tho branches thereof IN this Stat
whether tho same arr legal, Just and equitable,
otherwise what exist between thfOug
aud way freight and trave whether said TallFul
salnpAny 4 IN any way violating the laws Of u
state Or affecting lie ma Oral interests aud all othC
natter In connection With said railroad which COT
Germs the rights aud GluItiSs, Of the public, VII
this legislature nov In session.
Adopted February 9th, 1871. .
JOINT REs0LrrioN no Is. Id.
ReSoirei BY Tie Legislature Of IISt Vlrgilkd, This
Tue Joint cOnlttee VI the Legislature, appointed
!n1Iite iut9 The rates Of relShl aud travel on ID
baltimore Ohio Railroad, have leave 10 81 10 III
discharge Of their duties after the adjournment " III
present seasiOn Of the legislature and that the mem
GeFs Ol sall camnltGe bd allowed the same per dle
Is members Of the Legislature aud their actual ex
pehsca 10 travelling TO Pul returning FROM the Ssal
government, and make full and complete report b
tho next session VI tue Legislature.
EXTRACT PROM TlIR JOURNAL OF TIR SENATE, JAXU
ARR 27riI, 1877.
Tho President announced Moasrs johnson and But
Ter ~ the committee on the part Of the Senate up
polluted under Scnaie Joint IssaOlution No. T. lola
Resolution No, ", appointing Joint committee 10 n
qurc Into the rates q freight and passenger tranGpor
'ation on the lAltlmo o 4 Ohio lsalIrOadJ
HISTORY OF THE u. 80. RAILROAD.
The Baltimore & Ohio Railroad Company
was created by IN net OF the Legislature Of
Maryland, passed on the 2Sth day OF Febu,
airy, 1897, and an act OF the General AS.
sembIy OF Virginia, passed March sth,
1927. IL -,
At that time railroads were compare
lively unknown to the commerce OF the
United States. Communication between
the seaboard cities and the great West had
been secured by means OF turnpike roads,
while they afforded the only means OF
communication, Baltimore being situated
nearest to the western waters, enjoyed al
most n monopoly OF the trade west OF the
Allcganies. The rival cities OF Philadel-
phta and New York sought and secur-
ed the construction Of canals, reaching far
out toward the great West. and thereby
diverting the western trade from Bald.
more, and secured II to themselves,
and Baltimore was compelled to
resort to some improved means Of
INSTRUMENTATION with the West to
reventherlosing wholly her geographical
advantages. Tho railroad was adopted as
the most feasible II not the only means of
securing this communication. Accord.
ipgly application was made TO the Legisla.
ture Of Maryland for q charter and the
'act OF inGorporationN passed. as above
referred to. Application was also made
to the General Assembly OF Virginia for
like grant, and on the Sth day Of, March,
1927 the General Assembly passed an act
to confirm q law passed at the then pres
ent sessiopef tho general Assembly Of
Maryland, entitled Fan act TO incorporate"
the Baltimore ( Ohio Railroad Company,
Under their two acts, on tho sd and 2tth
days OF April, 1897, the Baltimore & Ohio
Rallroad Comany was organized for the
ayowel pufp0se on its part Of opening up
communication with the Great West and
obtaining large portion Of hpr trade.
1t was never for one moment clpimed
with any degree OF sincerity by the CON-
pany that the road was being constructed
for the special or peculiar benefit OF the
citizens OF Virginia, Indeed the long and
bitter contsst9 between the city of Wheel
ing and the Baltimore 4 Clio Railroad
Company, and between tile General AS.
sembly Of Virginia and the Baltimore &
Ohio lallr9ga Company (the Legislature
seeking to GuTtail the privileges AND re-
strict the powers granted in the original
charter, and the company seeking TO re-
tain them,) bears ample proof that the
company were not seeking to promote the
interests ofthe people fthis State. Neither
did tho pGople, on the other hand, claim
that the road was being built for their
special benoRt, but they did claim, and
through their chosen Representatives they
demanded and insistct. that It sboVld
afford to them the same facilities for trans,
portation and travel that it should afford
0itizeps Of other States. -.....
We eaii particular attention to the OBJ
ject sought to be accomplished by the
corporation and the demands Of. lie Iay
making powers Of Virginia, as it will ma
teriNlly assist US in arriving at q correct
Interpretation and construction OF Sec:
tons 2 and 6 OF tho ACT Of March &, 1871.
SCOPE OF THE INVESTIGATION. Fol 81
The joint resolution creating the conf
mittce directed it, among other things, TO
maee inquiry Into the charges for travel
and transportation oyer the Baltimore e.
Ohio Railroad and tho branches th0raotin
this State, and whether the same arelegal,
Just and equitable or otherwise, and what
disGriminations exist between through and
way freight. fhs irst provisions Of Law
regulating or limiting the charges Tor tolls
and transportation upon the Baltimore, (
Ohio Railroad are contained in Section Is
Of the Act Of the General Assembly Of
Maryland, passed February q, 1927, anu
confirmed by the General Assembly 81
Virginia, March s, 1927, By this act the
maximum charge from West to East is
fixed at toTr cents per ton per mile, mud
from East to West AZ six gGnts per ton pei
mile, and for the Transportation Of passsn;
geFs not exceeding three cents per mile for
each passenger. ~ ''.' ''' y
The Baltimore and Ohio Railroad an.
pears'to have been n fruitful subject Of
legislation from 1927 to 1877, as the laws OF
Virginia fully sii9W, hut as the company
arc believed meyer to haFs agp9pteA any
ottheir provisions, and deny that they are
binding ppon them, We deem itiunneces!
sary to refer to them further ia this eon-
'nection. rr,.'t -'ti ..i tif '''
TIE ACT oF1S47. r,.o....
7 This brings US to consider the act OF
March 9th, 1877, entitled ian apt to au-
luuIlAc tue -ARlIL1uIV " VINO ltHlTUVu
Company to construct the extension OF this
railroad through theterritory OF Virginia. ;,
This act has been formally accepted By
and acknowledged to be binding upon the
company, and Is believed 70 be tho last
act Of the General Assembly oil Virginia
containing any provision upon tho sub
ject OF charges for transportation upon the
Baltimore & Ohio Railroad. ri iahar,
The company claim that their charter,
SO far as West Virginia is concerned, con.
sists Of three acts Of the General Assembly
Of Virginia, via: The actpassed March Sth,
1897; the act passed March 18th, 1887, la
far as properly appIiGablp) and the sGi
passed March 9th, 1877. '.,a..-,,..' q. 4
The provisions Of the act Of March 0,
1877, relatingto charges for transportation
are INCLUDED In seetiOa,two and six rs fol
E1ows; tus1g 'eEH md"'J uit
nsro a. BE- ytuiibsr enacted That 10 sccure to Iii
said City u Ihsclng tho beReat olhe Western term
inus all pirI u tho aid EaiTpal between the Monon
gahela river atd said terminus ShRl NJ Open Tor tht
transportation oiircght and paSSepgcn sinful
IT, and tue aggregate charges for toll aud ttatspoTt4
ttn uron fright and nAssAnEefs FtfNceiVGly, ShNl