The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-02-13


10 depot 10 be established by said com
pany, on the northern side OF Wheeling
Creek, In Ohio county, by such route d
: upon the minute estimates 10 be made
after full examinations and instrumental
surveys OF thefeasible or practicableroutei
shall appear to be the cheapest upon
9 said railroad; which estimates shall be
!. made on like principles and plans, In like
manner and upon as great respective
amounts OF trade and travel as were adopt.
ed aud employed In the comparative est.
\ mates Of the company's chief engineer,
laid before the meeting Of the stockholders
o. the said company held in Baltimore OH
the 18th day Of July, 1916; Provided, That
D said railroad shall not DO made to enter
The ravine Of the Ohio river at any point
further south than the mouth OF Fish
Creek, In Marshall county Ana
prOrided, that II the said railroad, by the
cheapest route TO the city Of Wheeling,
which shall not enter The rayine OF the
Ohio river at any point south Of Grave
Greek, In Marshall county, shall appear
from tile estimates 10 be made as aforesaid,
to DO more costly TO construct, maintain
and work, than It would be by the route
passing into the ravine OF the Ohio river
at or near the mouth Of Fish Greek, and
thence to the city Of Wheeling; and Il,
when tho difference OF probable cost be.
tween said routes shall be ascertaincd as
aforesaid, the city Of Wheeling shall agree
70 pay TO said railroad company such dit.
ference OF cost by the time said railroad
shall be completed and opened for trans.
p0ttation TO said depot In Wheeling,
(which payment It shall he lawful for the
said city Of Wheeling to provide for and
make then the said railroad company are
hereby required TO locate and construct
their said railroad so that in passing to
said depot In Wheeling Il shall not enter
the ravlne OF the Ohio river at any point
south OF Grave Creek.
2. BE Il further enacted, That 10 secure to
the said city OF Wheeling the benefit OF
the western terminus, all parts OF the said
railroad between the Monongahela river
and said terminus shall be opened for the
transportation Of freight and passengers
simultaneously, and the aggregate charge
for toll and transportation, upon freight
and passengers respectively, shall be the |
sumo between Baltimore and any point on |
said road within direct distance OF five
miles from the Ohio river, as between
baltimore and Wheeling.
8. BE Il further enacted, That nothing in
this act contained shall be SO construed as
to entttle said company 10 any subscription
on the part OF this commonwealth to the
stock of said company, by virtue Of any
act heretofore passed, and especially by
virtue OF the several acts passed March q,
1881, and April 9, 1888, concerning the
said company; which said provisions in
said acts are hereby declared to be no
longer in force and OF no effect.
!: Re i further enacted, That full right
and privilege is hereby reserved TO the
commonwealth, or to any citizen thereof,
or any persons or companies who may
hereafter he SO authorized by the General
Assembly, to connect or interSect with the
Baltimore and Ohio Road, or any branch
thereof, either OF the said portion OF the
said railroad now constructed, or to be
constructed Mt any point or points thereof
within this commonwealth, any railroad,
canal or other road for transportation,
leading TO or from said Baltimore and Ohio
Railroad, or any branch thereof, from or
to any other part or parts OF this common.
wealth, and that all reasonable facilities
Tor thu Tree enjoyment OF the Geneflt OF
such connection, or connections, shall at
all times be Afforded by the said Balti.
more and Ohio Railroad Company; and
upon failure 10 receive and transport any
such freight and passengers according TO
their turn, upon payment or tender OF the
lawful or customary tolls, or to furnish
other usual and necessary facilities,
the said Baltimore and Ohio Railroad
Company shall be liable to all the penal.
ties prescribed TOR offences or defaults OF
like kind in the twenty.seoond section OF
the said general act, entitled ian act pre-
sGribing certain general regulations for the
incorporation OF railroad companies" to
be recovered In the manner therein pro-
vidcd, or by any action, suit or motion in
my OF the Courts Of this commonwealth
having jurisdiction OF the subject.
5. BE Il further enacted, That the said
Baltimore 4 Ohio Railroad Company shall,
within six months after the passaga Of
this act, establish depot at the Chesa-
pcakc 4 Ohio Canal basin, situated be-
tween Lock number thirty-two and the
Shenandoah outlet Lock in said Canal, or
as near thereto as may be practicable;
and shall allow switches to be put in, with
sidelings and branch tracks, 10 be con-
neCtcd from time 10 time with said switch
es, 10 be constructed at tho expense Of the
said Chesapeake 4 Ohio Canal Company,
Tor the purpose OF accommodating and To-
cilitating in the most ready and econOmi.
cal manner practicable, the transfer OF
passengers and goods, produce. merchan-
disc or property Of any description what
ever, from the said railroad 10 the canal,
and to warehouses that may from timn to
time be there erected by said canal COM
pany, orindividuals or others, TO the &C.
commodatlon OF tho trade on the canal,
and from the canal and said warehouses to |
the said railroad; and that the said Balu-
moro 4 Ohio Railroad Company shall also |
establish In like manner depot at the
Chesapeake K Ohio Canal basin at Cum |
berland, and also at such other point or
points within the limits OF this common
wealth, along or near the line Of the said
Baltimore & Ohio Railroad, as may here.
after, by act OF the General Assembly OF
this commonwealth prescribed ,an1sh
allow all necessary switches, sidelings and |
branch trucks, to be connected from time
to time with the said switches as aiore-
said, 10 10 constructed at the expense OF
said Chesapeake L Ohio Canal Company
for the purposes Aforesaid.
0. Be i further enacted, That said compa.
ny shall be subject to the provisions OF the
act Of the Assembly passed on The clev.
enth day Of March, 1887, establishing gen.
eral regulations Tor the incorporation Of
railroad companies, with raspelt to thNt
portion OF their road or other improve.
ments now or hereafter to be constructed
within the commonwealth, SO fur as the
same are properly applicable: Provided,
That said Baltimore 4 Ohio Railroad Com
pany shall not be permitted 10 charge iop
transportation or travel to or from Dalti.
more from or to any point distant more
than five miles in direct line from the
Ohio river. more in the aggregate than for
transportation or travel from Wheeling to
Baltimore, or from Baltimore to Wheel.
ing respectively, nor more in the aegre.
gate from any depot west Of Harper's Fer
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