Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-08-23
THE RAILROAD WAR.
A FLAG OF TRUCE DISPLAYED.
The Affair In Court-What Was
Done Yesterday.
Vice President Keyser's COmmu-
nicatiOn.
All Quiet on Wheeling Creek.


rolled their sluggish volume to the river,
that its banks have been the theatre OF
such exciting scenes as those enacted
there during the past few days. Rail
road matters since the strike OF ~ have
occupied but little OF the general atten-
ton, what has transpired having been
of legal or legislative character, and
producing no surface action. But the
energetic steps of this week have been
physical in their nature, and visible to
and understood by all. As perfect
mirror OF opinion, as well as incident,
the press of the city has been kept
constantly on the qlti rire, though 10
present the manifold views of an ex-
cited pOpulace is an herculean task.
THE SCENE YESTERDAY
was quietly interesting at the mouth OF
the creek. Just north OF the b. q y.
bridge Law an overturned and dismount-
ed iron freight car, neglected and al
most unnoticed in the general excite
ment. On the bridge, and half thrown
from the track, was engine No. 21l, at
which a cluster of men were busily
working. But the chief attraction
was the new trestle constructing
ut the lower end OF the bridge. Upon
this some twenty men were
working with the energy and
application of bees, while mixed audi
enre of men and boys hung about and
commentedupon and chatfed at what was
called the 'StonetOwn extension the
intricate allusion being to bridge to the
| Island.
The widest rumOrS were in circula-
| ton, and in view oil the scenes OF. the
| previous night, remarkable credence
was given them. "The F., &. x st. l..
had 400 men ready to go to work at
dark, tear down the new trestle and
throw over their bridge by morning.
'"The b. q. had train OF 500 men, who
were To- come in at sunset and guard
| the trcstle." "The Governor had ordered
the militia To be in readiness" &c, &c.
Early in the afternoon a camel engine
was brought to the bridge, and after lit
tie labor, the dismOunted engine wasre-
placed and made ready for business.
| Can't. Whitescarver had said the trestle
would be ready that evening, and hls
words were verified, the rails being laid
and the cars run on shortly before dark.
Why the completion was necessary and
| why the cars were at once placed on,
are secrets with the company and must
be left to the imaginative mind OF the
reader.
Yesterday morning Hon. Caleb Bog
CESS, attorney for the b. & y. COM
pany, arrived on special train,
and in the afternoon west
ern train brought Col. William
Kevser, Second Vice President, and
something important was expected to
ensue. These gentlemen were clOseted
for two hours with Company's attorneys
i'm the city, and left again in the even
| ing. \ REGISTER representative called
upon them, but could obtain no intOrma-
ton in addition to that contained IN Col.
keyser's communication, which IS APP
pended.
CARRIED INTO COURT.
Yesterday afternoon between three
and four o'clock, applications having
been made by the Baltimore and Ohio
company in the Circuit Court, Judge
Melvin presiding, for an injunction
against the F., W. Il ny. road and an
other against the city, restraining these
parties from interfering with the opera
| lions of said Il. 4 O. Co., destroying or
injuIing its property, or tresspassing
upon its lands, the attorneys OF the
three corporations concerned came to-
pether before His Honor Judge Melvin
and after some argument agreed that
the apphcations should be continued for
a hearing to such time as the counsel
were ready for its argument, and that
pending such hearing matters should
remain in Sidilt guO.
In the discussion preliminary to en-
tering into the agreement, Mr.. Lamb,
attorney for the b. Il o. Company, com
planned of the action OF the police force
Yesterday morning about half'past one.
The circumstance referred to is briefly
as follows:
Engineer John Donovan, in arranging
for the departure OF freight train No. 81
found it necessary to temporarily Cb'
struct the alley south OF Twentieth
street. and the City Sergeant ordered
Officer Lee Ia arrest him. The police
man mounted the engine and attempted
10 do SO, but the b. x .. men were sub
miSSive, and asked for time TO parley.
This was Mr.. Lambs statement. MIR.
J. NJ. Boiling, consulting engineer OF the
Baltimore and Ohio Railroad Company,
explained that he was present and went
in person to consult with the Mayor,
and that when he returned he found
that the ears had been removed without
his consent.
Mr.. Barr. counsel for the Pittsburgh,
Wheeling and Kentucky Road, said that
he was possessed of information which
would materially alter the aspect of the
incident related, but that he did not
consider it necessary TO 90 INTO de-
tails at that time. The following
agreement was then drawn up by
Mr.. Russ ell, of the b. Il o. counsel,
signed by the attorney for all three par
ties, and filed with the other papers in
the case by Clerk McCOllOch.
The Circuit Court for Ohio County, S, s.:
The b. d o. Il. r. Co. vs.. the p, w.
Il Nv. X. X. Co, and the b. Il o. L. X.
Co. vs.. the city of Wheeling, in chan
Gerry.
Ii is agreed that the bills and exhibits
i'm the above entitled causes may be
considered filed on the application for
iniunctions; that the hearing and de-
ciSion may he set over for future day;
that until the court shall pass upon the
applications for such injunction no new
prosecution shall be instituted against
the servants of either of the parties
to- this agreement for alleged part in
fractions OF the city ordinances; that no
interference shall he made by either
party To this agreement or its servants,
with the tracks, trestles, bridges, build
ings, cars or land occupied thereby, of
either OF the parties to this agreement;
that no occupation OF or interference
shall take place with the lands, notice to
condemn which has been served upon
the Il. Il q. II. X. Co. by the p. w. 4
Nv. K. L. Co, or their servants; no
changes shall bc made by either
of the companies in the pres
ent location OF its tracks,
switches, trestles or bridges,
except upon land indisputably owned
by the party making the change. Ii is
also agreed that this memorandum may
be filed in the two causes; but
nothing in this agreement contained
shall effect any condemnation pro-
Inns aitbar marty las bppI1n ar may