Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-08-25
THE RAILROAD DEADLOCK
Hon. G. ID. Hubbard Replies to
Col. Keyser's Card.
Editor Of the Register.


best to submit his views on the late
railroad controversy to the public by a
card in the newspapers OF this morning,
| ask permission to make a brief state
ment by way Of reply. Soon after the
p. w. < Ky. road was completed in the
spring OF 1873, many persons in the city
thought il desirable that the two roads
should be connected so that the inter
traffic of the city at least could be accom-
modated; but TO all inquiries made OF
the b. & .. agents here, the uniform an
swer was given that it could not be
done. In October OF the same year, a
party specially interested in hav-
ing the connection made, succeeded
in obtaining the admission OF proml-
nent official of the b. & o. railroad COM
pany that he thought the connection
might be made, but that the appI-
cation should be made by the other
company, as the younger company. The
party went Immediately to Pittsburgh
and conferred with Mr.. FELTON,, general
Superintendent OF the p, G. 4 st. l.. Ry.
Co, lessees Of the p, w. * Ky. road, and
asked him to make application for con-
nection between the two roads. MIR.
FELTON, had no scruples on the subject,
and Immediately telegraphed Mr.. DeV-
ries, requesting that the connection be
made. The telegram was forwarded TO
Baltimore, and after some delay answer
was returned that il was not considered
expedient that the connection be made
at that time, or words to that effect. The
proiect was of course abandoned, and
the Top mill furnace had to ship by river
something like thousand tons OF pig
iron to the LaBelle iron works, hauling
down to the barges at one end OF the
line and up at the other, though only
two and halt miles apart, which could
and would have gone by rail II the con-
nection had been made.
1t was onlyafter the counsel OF the
b. 4 o. Railroad Company discovered
that bv the law OF 1917 forming the
charter of that company, the legislature
could compel the company to make the
connection, and a session OF the Legls-
lature being at hand, they consented IN
December, the Legislature meeting IN
January. that the connection should be
made, which was done by the L. I. X
st. l.. Company.
The parties most interested in pre-
serving the connection fearing that II no
action was taken by the Legislature the
b. & o. K. K. having consented so tardliy,
would have the connection broken as
soon as the Legislature adjourned, had
the bill to which Mr.. Keyser refers pre-
pared and introduced in the Legislature.
This was done without the knowledge
or approval of the 2. c. 4 st. j.. authori-
ties and soon as il was brought to their
notice they requested that should there
be no legislation OH the subject,
but that the whole matter should
be left to the comfy OF the two
companies. Their letter to that effect
was left with the attorney of the b. X o.
Railroad Company. In accordance with
their request, the parties introducing
the bill had it withdrawn, and 1t failed
to become a law. 1t is true that the b.
Il o. Railroad Company desired to have
the bill become a law, not because It
would fix the relations of the two COM
panies, but because it would fix the
status of the b. & .. Railroad Company,
as the Legislature, in passing the act,
would recognize the b. Il .. Railroad
Company as an incorporated company,
with valid charter, and the fact could
be relied on should the Legislature at
teInpt to vaCate its charter for acts pre-
viously done or left undOne, which at
that time il was thought the Legislature
might try to do This is the whole his
tory of the bill, inside and outside, on
which Mr.. keyser lays so much stress,
and which he thinks was connected in
some way with some covert designs on
the part OF the managers OF the T., w. d
Ky. road.
In regard to the '1awless proceed
ings," as Mr.. Keyser is pleased to term
the action of F., w. d Ky. K. Il. Co. in
maintaining its rights, beg leave to re-
fer to the following authority from the
city OF Wheeling:
WHEELING, w. VA, Aug. q.
To the PdtSburgh, Wheeling and kentucky
Railroad COmprHW
Your communication of this date adj
dressed to me, signiiying your accept
ance of the provisions of the ordinance
of the city of Wheeling, adopted July
90, 1879, giving you right of way over
the streets, alleys and public grounds OF
the city has been considered.
Permission is hereby given to the
Pittsburgh, Wheeling and Kentucky
Railroad Company to build its road as
provided in said ordinance, by digging
into or otherwise obstructing the streets,
alleys and public grounds shown in the
plat accompanying said ordinance, or by
removing any dirt, rubbish or other
thing Obstructing or interfering with the
construction of the railroad track allowed
to be built in said streets, alleys and
public grounds by virtue OF said Ordi-
nance.
TSigned1 \. J. SWEENEY,
Mayor Of The city Of Wheeling.
All the work done by the p, w. q
Nv. Railroad Company has been done
within the limits provided by said ordi-
nance and under the permission granted
by the Mayor; and in no sense has the
company gone beyond The limits or pro-
lection OF the law. The time for doing
ii was chosen to avoid the crowd incl
dent to such circumstances, and the pos
sible confusion and disorder that might
have resulted. The reason for doing it
was the acts OF the B. d .. Company in
building tracks and placing other OBJ
structiOns on ground claimed and be-
lieved to belong to the city and rs such
granted to the p, w. q Ky. h. K. Com
pany. Thisaction of the b. so. company
was done in violation of the understand
ing had at the meeting OF the representa-
tives of the two companies to which Mr..
Keyser refers, which was not that the
b. d o. Co., would do all in its power
to prevent the construction of the road
(P., w. 4 Ky.,) through its property
but that the p, w. d KY, should have
such right OF way as the courts would
give it, and that whatever was done
should be done good naturally"
The F.. w. Il Ky. had no other
thought than to wait the action Of the
courts, but when they saw that the b.
& q. were endeavoring TO forestall such
action they thought it only proper to
protect their own rights, and Mr.. Key
ser should not complain if he has been
beaten at his own game. 1t is true the
people of Wheeling are fair-minded,
and they love fair play and will not
countenance double dealing or dissimu-
latiOn.