The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-02-20
THE LEG1sLATURE.
WEDNESDAY, February 10, 1870.
SENATE.
Senate met at 10 A. ".

Senate met at 10 An.
Prayer by Rev. Wilding, Of the ThOmp.
son NJ. i. Church.
The journal Of Tuesday was read and
approved,
Senate bill No, lls, making It INSIDE
meanor for an attorney ut law not paying
over 10 clients money collected was read
n third time and passed,
Senate bill No. l3I, concerning the col
lection OF taxes, was read a second time
and ordered TO third reading.
Senate bill No. SO, in relation 10 the
Supreme Court. was taken up, and, on
motion Of Mr.. johnson, indefinitely post
poned.
Ohio Railroad bill and Senator Newlon's
substitute, were then taken up for con
sideration.
The question being on the adoption Of
Mr.. NcwiOnfs substitute, which amends
the charter by fixing penalty for viola
tion ofthe same, twas rejected by the fol-
lowing vote:
NAYs-Alesssrs. Baxter, Dennis, Ewing,
Faulkner, johnson, Newton and Turner
IS.
The hayes were: SIessrs. johnson
PRESIDENT, Brown, Butler, Fnrguson,
Lowe, McGrew, McGregor, Newman,
Pngh, Summers, Tarr, Williams and
Wood-lS.
Messrs. Adams, Eirtley ind Stuart not
voting.
Pending further consideration of the bill
the Senate took recess until 2:jO y. NJ.
Afternoon session.
The Senate re.assembled as $50 +. NJ
The consideration OF Senate bill No. Us,
the B. & o. Railroad bill, was then resum.
ed.
MR. BANTER
said: Mn. PRESIDENT: This is subject OF
great magnitude, and OF more consequence
and Importance 10 large portion OF the
people Of this State than any subject
which has engaged the attention Of this
body since It has convened on this floor,
and approach il with feeling Of timidi-
ty, but ask the indulgence OF the Senate
for short time while consider the bill
proposed by the Senator from Tyler, for
while | expect to vote against the bill,
cannot do so without feeling Of regret,
because the patron OF this bill In his zeal
has desired to do his best to promote
the interest Of the people Of this State, and
TO protect them against the aggression
and unjust dissemination against them by
apOweriul corporation which exercises o
mighty influence on the great commercial
interest Of this State. As Is known lie has
investigated the subject with great care,
and he has brought to his aid high order
olintellect, untiring energy and anhonest
desire 10 correct the abuses of their rights
by the Baltimore 4 Ohio Railroad, SO
much complained Of by the people. But
fhiu hill Honu 1nk nt,S sk.nlE 60
the one calculated to'seCure to the people
the relief SO earnestly desired by them.
The Baltimore and Ohio Railroad was
constructed under an act OF the Legisla-
ture OF Virginia, passed March 0, 1917. A
general railroad bill had been passed by
that Legislature ten years previous 10 that
time, in which the rate OF tolls as COmpen.
Sation TO railroads was prescribed, and al
though several bills were passed by the
Legislature subsequently TO the passage OF
this Inv OF 1887, and prior to this law OF
1871, and in each one it reserved the right
10 alter, amend and modify the same, yet
there was always exempt from this privi-
lege the right to change the tolls prescribed
as q compensation to railroad COMPANIES.
The second section OF the act Of 1917 pro.
Tides that OBSCURE to the city OF Wheeling
the benefit OF the western terminus,
the aggregate charge for toll and trans
pOrtation upon freight and passengers re-
spectively, shall be the same between
Baltimore and any point on said road
within direct distance OF five miles from
the Ohio river, as between Baltimore and
Wheeling. This provision was intended
tOprOteCt Wheeling, it was intended to
prevent unjust determinations against
this city, which had done so much to
build up this section OF the country, and
build up some other point on the railroad
short distance from Wheeling TO come in
competition with it, this rule compelled
the company TO charge the same amount
IN the aggregate for car load Of freight de-
llvered at any point south OF, and within II
miles OF Wheeling, that ii would demand
for the delivery OF the same carload OF
freight at the city Of Wheeling that is,
the amount demanded fora load OF freight
south oil, and within seventeen miles OF
Wheeling could not be less than that de-
manded for the same load OF freight ut the
said city, but different rule was presCrib-
ell for freight delivered at any point dis.
tant more than seventeen miles south or
east OF Wheeling Then the company could
not demand moro for n carload OF freight
than 1t would demand for the delivery OF
the same freight at the city OF Wheeling.
This was provided for in section O OF the
said act OF lS4T, and was intended to pro.
vide against unjust discrimination bythe
railroad company against points on the
interior OF the road, where there was no
competition for freight or travel. This was q
wise law, and those who made it displayed
great wisdom and sagacity. The bill I'M
der consideration, as ] understand il, is
intended to prescribe different rule It
seeks to compel the railroad company to
ascertain and fix rate per mile for freight
and passengers, and to compel tho com.
pany to ascertain the aggregate amount to
be charged for any freight delivered at
any point west OF llarpers Ferry, and at
agreater distance than five miles from the
Ohio river by multiplying the aggregate
amount OF freight by the rate per ton per
mile, and by the number OF miles over
which 1t has been brought. This rule
when established would furnish a guide
for other roads, and would he greatly
detrimental TO the best interests OF the
people over a greater portion OF the State,
than that lying on and near the Baltimore
4 Ohio Railroad. am therefore opposed
10 the bill.
SENATOR E. noYD FAULKNER
said: Mn. PREsrpESr-l feel it due TO
myself TO make some explanation OF the
vote am about TO give. Believing that
some legislation was necessary to protect
the citizens OF this State from the policy
and course pursued towards them by the
Baltimore and Ohio Railroad Company, |
warmly and earnestly supported the
amendment or substitute offered by
Senator Turner to Senate bill No. 1856. I'll
did not regard that substitute rs perfect,
yet felt that 1t would give that relief that
the people were so clamorus for and ought
to have, and would compel that corpora.
ton in Its business and every day transac.
tons with them to comply with the char.
ter and general law under which it was
operating. Il provided for ripil md