The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-03-04

their industriesanl retatding the prosperi'
ty 81 the State; and
WHEREAS, The Legislature OF this State
In obedience to the provisions Of the Con.
stitntion, on the eth day Of December,
1873, passed an act establishing reason.
able maximum rate Of charges for the
transportation Of passengers aud freight,
and to prevent Uni ust determinations and
rStOrtiOns in the rates 10 be charged by
the different railroads Of this State, In
Guiding the d. & 0. Il. Il, which said act
and all the provisions thereof, the Il, & ..
II. r. be rcpudiated and refuses TO obey,
alleging and claiming that they are gov.
erned BY and exercise their rights aud
franchises within this State, under and by
VirtnTe OF three acts OF the General Az.
sCmbly OF Virginia, passed respectively on
the Sth day OF March, 1897, the 9th day Of
March, 1917, and on the llh day OF March,
1887, and are therefore beyond the control
Of the Legislature in the exercise OF their
right to charge for transportation under
said acts, and even claim the right under
the laws Of trade 10 violate said acts in fix.
ing their charges for transportation, and
admit through the second Vice President
lating said acts, and
WmgREAs, This Legislature in Obedi.
cnce to the constitutional duty imposed up.
on them TO protect the people from unjust
determinations and GxtnrtiOns Of railroad
corporations have directed the Attorney
General to institute judicial proceedings
for forfeiture OF the charter AMI charter.
ell rights OF the said company, which is
made the preteXt for said company to issue
circular dated February 2ith, 1870, In
which they declare that they will put in
force in this State tariti OF charges in
direct violation Of Section . and . Of
the Act Of March 9th, 1917, thus defying
the legislative authority OF this State, as
summing the functions OF sovereignty In
imposing toll Or-taX upon people I'M
warranted by law, and
WHEREAS, 1t Is provided in the Goth
section Of the Act olthe General Assembly
OF Virginia, passed March II, 1897, pre-
scribing general regulations for the incnr-
poratiOn Of railroad companies, that "when
the net profits shall amount to u sum
eQual to the capital stock expended us
aforesaid, with six per cenLuln per annnm
interest thereon, then the tolls which the
President and Directors shall he entitled
to demand and receive on their railroad
shall be fixed and regulated from time IL
time by tho Board OF Public Works, or by
such agent or agents as mny bC
appointed by tho Legislature for that
purpose, so as to make thGm sutli.
cient in their or his estimation to yield Il
net profit equal to six per centum on the
capital stock expended in making and
completing the railroad over and above
what may bO necessary for the repair aud
renewal OF the same;" and ii is further
provided in section % Of said net, that nj
the end Of one year from the completion
OF the raiIruad the President and Direct,
ors shall report 10 the Board Of Public
Works statement showing the whole
amount Of the capital stock expended in
the construction OF the railroad with, the
several heads Of expenditures, the amount
Of tolls received during each preceding
ear, and the net loss or profit or thu
capital expended, aud every three years
thereafter Il similar statement for eacI
year Of such period, and
WHEREAS, No report, as required, as
aforesaid, has ever been made to the Boar
OF Public Works, so fur Us the records o.
their Office show, but the annual report.
OF the President aud Board Of the Balti
more 4 Ohio Railroad Company to theil
stockholders does show, 80 far as the ex
pcnse and earnings OF said road can bC
reported from the cost, expenses and
earnings Of other roads owned or operated
by them, that the net earnings OF said
Baltimore & Ohio Railroad have amount
ed TO a sum equal to the capital stock ex,
pended, with six per Centum interest there
on; and
WHEREAS, 1t is believed that the actual
cost Of transporting local and through
ireights upon the Baltimore & Ohio Rail
road (main stem is less than one.half oil
ono p0r cent per ton per mile, including
six per cent interest on the capital stock
expended in the construction Of said road
and
WHEREAS, The act OF March llth, 1887,
prescribes and fixes maximum rate OF
charges for Transportation upon raiIroa dis,
and the second section OF the aGt OF March
Q, 1871, recognizes the right Of the B. Il o.
X. Il. 20. to prescribe and fix maximum
rate OF charges not higher than the rate
fixed by the act Of March u, 1857, "be-
tween baltimore and any point on said
road within direct distance OF five miles
from the Ohio river and requires that said
charge shall be the same us between Bal.
timoreand Wheeling, and in the exercise
OF said right the said company have fixed
the charges for transporting the great
bulk Of their freight between Baltimore
and said point at less than onc-half OF one
cent per ton per milo, aud the sixth sec
ton OF the act OF March 0, 1917, secures TO
oil other points on said road within this
State the benefits OF the rate as fixed; and
WHEREAS, The Is. & O. Il r. Co, in their
said circular Of the 18th Of February, pro.
less desire to comply with the said
acts OF the Legislature Of Virginia passed
March 9th, 1877, yet falsely pre-
tend that said act authorizes them
to charge eight cents per ton per mile for
the transportation Of frcights without re.
gard to the rate they have fixed for the
transportation Of freights "betwcen BALI.
more and any point on said road within n
direct distance OF five miles from the Ohio
river" aud have falsely pretended that
said act requires them TO Withdraw from
all shippers Of general merchandise, live
stock, lumber, coal, orc, &C., all special
rates which have heretofore been given, !"
and have further falsely pretended thnt
said act requires them not 10 grant any
special or lower rates to freight shippers
over connecting lines, and have so chang.
ed their rules MS to require prepayment Of
charges on all frGigits intended to be
shipped over connecting lines, thus with.
out authority and in defiance of the Inv
governing their action, they threaten to
punish the people Of this State for insist
ing, upon their legal and equitable rights;
and,
WHEREAS, The Legislature can but look
upon this action Of the Baltimore and Ohio
Railroad Company rs u threat Of domi.
neerlng corporation, and US an attempt to
retaliate upon the people and punish them
for daring to assert their rights; therefore
80, Rc~Itndby The Legislature Of Iltd IIiginid,
That the l}oard Of Public Works are hero.