The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-09-30

RAILROAD RAcEEf.-lt VII be Fenen1.
beted that the B. & o. Railroad Company
some time ago made application 10 judFe
Melvin for iniuncti ehs feDtfainfnSt he CITY
Of Wheeling and the Pittsburgh, Wheeling
and Kentucky Railroad Company rom
interfering With their properly or men,
and also covering other grounds from
which they hadto appf6hend intarferenee
from the above corporations. Subse.
quenhy the B. d o. asked leave to with.
draw said applications, as they wished to
remove the cases 70 the o. s. Circuit
Court. This was resisted BY counsel Of
the P. W. d K, the P. O. & ST. L, and By
the City oil Wheeling, and Judge Melvin
took the matter under adyisement, and
yesterday rendered an opinion In the
matter, stating that there was nothing be.
lore him, and that the PLAINTIFF could
w1thdtaw their applications, and the fact
that the City Of Wheeling and T. W. & K.
Z. r. Co. had filed answers asking for
tntunetons would not prevent dismissal
OF the cases This decision puts these
cases in the y. S. Circuit Court.
Judge Boyd has also had under advise.
ment the motion for the removal Of the
city and r. W. and X. r. r. Co. cases to
the United States Circuit Court, that was
argued At length before him few weeks
ago BY Mr.. BoggeSs for and Hubbard
against, and we understand win give an
opinion on Thursday Of this week.
These cases are also in the United States
Court, as the petition and bond have been
filed therein, which, according TO Vulings,
are virtually 4 removal TO that court.
Pending the adjournment Of the United
States District Cont In this city some
weeks ago, the following paper Issued out
OF 1t and was served By the Marshal:
To ue PitsbEyh. WRssliag and EsaheEy
ing:
You will take notice that on the sd day
Of September, 1873, at the court room Of
the Circuit Court OF the United States for
the District Of West Virginia, at Parkers.
burg, motion will be made by the Balu.
mora and Ohio Railroad Company 10 the
said court, or II the same be not then In
session, TO one Of the Judges thereof for an
injunction against you and each Of you to
restrain you from al or any injury TO the
property OF the said Baltimore and Ohio
Railroad Company in the said City OF
Wheeling, and from interfering with the
occupation and use Of said property by
the Baltimore and Ohio Railroad Com
pany, as prayed for in It's bill In said court
against you as defendants thereto. y
BALTIMORE 4 0Hio RAILROAD Co.,
By C. Bo0get, Attorney.
Last week Messrs. Hubbard, Barr and
Enkine for the city, and Mt. Boggess for
the B. & o., met In Parkersburg for the
purpose Of arguing for aud against the re-
straining order, the former arguing that
the B. & o. was domestic corporation
and could not be heard in the Federal
Court. Judge Bond, who wason the bench,
said that that question had been so often
ruled on by this Court that It was not
necessary 10 occupy time with It. The
others then pleaded the tendency Of the
suits in this city, and the plea was refer.
red TO Master Commissioner OF the Court
for examination and report, which report
will not be forthcoming until January, or
the next term Of Court. Thus the matter
rests, and nothing further will or can be
done in the way Of extending the P. W. &
KY. until decision is given IN the matter.