The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-08-23

W hANAA SOAA1kAbAS a. ~ W. We
Sweeney the following notice Of iniunc-
ton:
In the ClIrult Court Of Ohio County, s.,
The Baltimore i Ohio R, II. COL
The City y y Wheeling. !" '''''s'''
The city Of Wheeling will take notice
that the Baltimore 4 Ohio Railroad Com.
pany will on the 22d day OF August, A. D.
1879, at 4 o'clock p. NJ, apply to the Hon.
orable Thayer Melvin, Judge Of the said
Court, in his chambers in the City OF
Wheeling for an injunction restraining the
said city, itsagents and servants, from con.
tinuing any further the prosecution Of
Daniel Nightingale, n OF the agents Of
the said company, and from beginning or
continuing any other prosecution OF any
OF the said Company's servants for laying
or continuing switches or tracks on the
portion Of water street In said city extend
ingfrom Wheeling creekto Division street,
or in the portion OF Twentieth street and
Twenty.second street and Alley @ lying
west OF Water street, and from Interfering
with said company or It's servants in lay.
ing tracks orswitches in the said portions
OF Water, Twentieth, or T~wenty-second
streets, or Alley @, and from interfering in
any way with the said company's enjoy
ments Of its right Of way in said streetsand
alley. DANIEL LAMB,
H.. NJ. RUSSELL,
attorneys for Complainant.
Wheeling, august ed 1870.
The Mayor at once hunted up the coun-
sci OF the P, W. & Ky. and City Solicitor
Erskine, 10 whom he committed the above.
The motion for the injunction, 1t will be
observed, was 10 be argued at 4 O'Clock,
and 1t was nearly this time when the
above gentlemen were found and sent to
Judge Melvin's chambers at the Court
House.
For the p, W. & Ky. were Messrs. Barr
and Hearne, joined near the close Of the
session by w. P. Hubbard; for the city
Mr.. Erskine, and for the B. & o. were
Messrs. Lamb and Russell, and a part oil
the time Caleb Boggess, Esq, and Mr.. Boil
ing, consulting engineer Of the B. 30.
Judge Melvin said that he was not con-
vorsant with the minuti@ and surround
ings of the affair, and urged the opposing
counsel to arrange their differences.
MIR. Lamb-1 am willing to abide by the
status quo ifthe other side Is.
MIR. Barr-If your company will pledge
itself to take no further steps In the matter
l will undertake to stop all proceedings"
turning to Mr.. Erskine, twill the city not
Interfere, Imean not to pull up any Of our
tracks or arrest any OF our menu" To this
Mr.. Erskine assented and explained the
arrest OF Nightingale as unauthorized by the
city. Some other conversation ensued be-
tween the counsel on the other side, dur
ing which the positions OF each were ex-
plicitly defined. The following agree
ment was then prepared as subscribed toby
the counsel of all the interests represented.
In The Circuit Court Of Ohio County, s.:
The Baltimore 4 Ohio Il. R. Co..
TIE r.. GSs.y y, Il w9sss'nIPPEg ; j, ~, ;.
The Pittsburgh, wheoling 4 Ky. n. R. Co.. Gerry.
1t is agreed that the bills and exhibits
in the above entitled causes may be con.
sidered filed on the application for in.
functions, that the hearing and decision
may be set Y Q until a future day; that
until the Court shall pass upon the ap.
plications for the said injunctions, nonew
prosecutions shall be Instituted against
the servants Of either OF the parties to this
agreement for alleged past infractions OF
the city ordinances, that no interference
shall be made by either to this agreement
o.. its servants with the tracks, ~trestles,
bridges, buildings, cars or land occupied
thereby OF either OF the parties to this
agreement. Thatssno occupation Of or in
reference shall take place with the lands,
notice to condemn which has been
served upon the B. & o. r. R. Company
by the P. w. 4 Ky. R. R. Company, or
their servants, nj change shall be made
by either OF the companies in the pres.
ent location Of itstracks, switches, ~trestles,
or bridges, except upon land indisputably
owned by the party making the change.
1t Is also agreed that this memorandum
may be filed with the two causes, butnoth.
ing Containedin this agreement shall affect
any condemnation proceedings which may
have been begun or may desire to begin.
Given August %, 1879.
Signed DANIEL LANE,
HARRY N. RUSSELL,
AA'W for The BID OR, r. Co..
WM. ERsKISR, 10
City Solicitor for he Clyet Wheeling.
w. P. HuBBARD,
R. G. BARR,
W. II. R, HEARNE,
Alligator p. w & Ky. R. R. Co.
Mr.. Russell also filed q second injunc.
ton against the P, Wa Ky. r. R. Com.
pany restraining It from encroachine on
any otthe rightsof the B. &o.or anyof It's
rights OF way. This was submitted with
the other papers, and will also come up at
the same time. When the agreement was
entered into for q cessation Of hostilities,
Judge Melvin said that anyday that would
accommodate counsel would be agreeable
to him, or II the differences are not ar.
ranged, 81 will fix II In half an hour
Such isthe present status Of affairs, and
last night all was quiet and deserted in the
neighborhood Of the previous nights
scenes, Quite q crowd was in the neigh.