Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-08-23
THE FIRST GUN IN THE RAIL
ROAD WAR -

Ohio Railroad at anV-point vi Poiheo
within the State
The object of this bill, we take it, was
TO accomplish just what the "Pwky'
road is seeking now-to reach the man
uiaetories south OF the creek. 1t may
be unfortunate, in view Of the present
complications, that the bill did not be-
come q Law. AS q matter OF history, re-
motely connected with the present con-
test, we herewith append the provisions
OF the bill in full:
Senate bill No. Ia, bill TO authorize
the Pittsburgh, Wheeling ana Men
lucky Railroad Company to connect or
intersect its railroad with the Baltimore
and Ohio Railroad.
Be Il enacted by The Legislature Of UeSt
Virginia:
SEC. l. The Pittsburgh, Wheeling and
Kentucky Railroad Company is hereby
authorized 10 connect or intersect with
the railroad of the Baltimore and Ohio
Railroad Company, or any branch oil
such railroad now constructed, or here
after To be constructed, at any point or
noints thereof within this State, the
railroad of the said Pittsburgh, Wheel
inc and Kentucky Railroad Company,
or any extension of such last men
toned railroad, or any other railroad or
| branch of a railroad hereafter con-
strneted by the said Pittsburgh,
Wheeling and Kentucky Railroad Com
eany. and leading to or from said Balti-
more and Ohio railroad, or any branch
thereof, from or to any other part or
parts of this State; and the said Pitts
burgh, Wheeling and Kentucky Rail
road Company is hereby authorized to
exercise and enjoy the full right and
privilege received by the fourth section
of an act passed by the General Assem-
Div of Virginia, on the 9th day OF March,
| 1917. entitled can act to authorize
the Baltimore and Ohio Railroad Com
pany TO construct the extension of their
railroad through the territory OF Virgin
| ia"
SEC. . All reasonable facilities for the
| full and free enjoyment OF the benefit OF
| such connection or connections shall
al all times be afforded by the said Bal
timOre and Ohio Railroad Company;
and upon failure to receive and trans
port, according to their turn, any freight
| and passengers arriving upon or offered
bv such connecting or iEterseCting rail-
road. upon payment or tender OF the
lawful or customary tolls, or 10 furnish
other usual and necessary facilities, the
said Baltimore and Ohio Railroad Com
pany shall forfeit and pay TO the injured
party, not less than twenty-five dollars
nor more than one hundred dollars, at
the discretion Of the Court, 10 be re-
covered by motion in the Circuit or
| County Court of the county in which
said last mentioned company may have
refused 10 comply with the acquisitions
| of this act PrOrided, ten days notice OF
such motion be given TO the Presi-
| don't of the company; and said company
shall. moreover, be liable to an action
on the case, in which full damages and
double costs shall be recovered; or the
penalties herein prescribed and pro-
vided, being the same prescribed ana
provided for Offenses of like kind in the
twentv-secOnd section OF the general act
of the General Assembly OF Virginia,
passed March IL, 1887, entitled "An act
prescribing general regulations for the
incorporation of railroad companies"
NAV be recovered by any action, suit or
motion, i'm any OF the courts of this
State having jurisdiction OF the subject.
The above bill passed the Senate with
out opposition, and was duly reported
to the House. In the House it was re-
ferred to the Committee on Joint Stock
Companies, which reported the bill
back with a recommendation that it
should pass with the following amend
ment as an Independent section, viz:
"Sec. 8. The Baltimore and Ohio
Railroad Company shall have, within
this State, the like right TO connect It's
railroad, or any branch or extension
thereof. now or hereafter To be con-
structed, with the railroad OF the Pitts
burgh, Wheeling and Kentucky Rail
road Company, or any branch or eX-
tension thereof, now or hereafter to be
constructed, and to intersect with ITS
railroad, or any such branch or eX-
tension thereof the railroad OF the
Pittsburgh, Wheeling and Kentucky
Railroad Company, or any such branch
or extension thereof. And all reasona-
BILE facilities for the full enjoyment OF
the benefit OF such connections or inter-
sections shall, at all times, be afforded
by the Pittsburgh, Wheeling and Ken
lucky Railroad Company; and upon the
failure OF the Pittsburgh, Wheeling and
Kentucky Railroad Company, IN any
case, to receive and transport, according
to their turn, any freight or passengers
arriving upon or offered by such con-
Meeting or intersecting road, on pay
ment of the lawful or customary toll, or
To furnish other usual or necessary Ia
cilitieS. il shall be liable to the same
penalty which in the preceding section
is imposed i'm the like case on the Baltl-
more and Ohio Railroad Company Tor
such failure on its part, to be enforced
by like proceedings, and in the same
courts"
After the report Of the committee as
above, the bill suddenly dropped out
out of the proceedings OF the House,
and the journal gives no why's or
whereiore's for its disappearance.
But as we have already said, ii a
reciprocal relation had thus been es-
tablished between the roads, giving |
each the right to use the other in the
transportation OF freight beyond its own
line, upon the payment of the custo-
mary toll, it would have gone very far
toward accomplishing the object for
which the 2. W. K Ky. road is now con-
tending, while it would have afforded |
the b. & o. road an opportunity to
reach the Top Mill and other points
North Of the creek. While such an
arrangement would not have been so
advantageous to the "Pwiky" road as an
independent line, itwould have brought |
immediate advantages both to the city |
and the companies.
Has the Wheeling REGISTER gone over |
to the GreenbaCkers? An answer re
spectiully solicited.-Riichie Gdsetts.
L :. II. L