Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1881-02-08
HOUSE OF DELEGATES.

Promtly at 2 O'Clock yesterday alter
noon Speaker Wilson took the chair
and called the Assembly to order. Near
ly every member was in his seat and the
gallery and the lobby loom was well
filled. PRAYER was offered by Rev. Mas
den, the reading of the Journal dis.
pensed with, and the attention OF the
House turned to the regular call. The
Judiciary Committee reported a bill,
harmonizing the chapter OF the code re-
lating to the action OF ejectment, so as to
conform with the Constitutional
Amendments and the Committee on
Railroads reported the per dien and
mileage of the witnesses 1t had had be-
fore il.
Mr.. Wilson had by this time taken
the floor, having called Mr.. Fulkerson,
TO the chair; he also had addressed the
chair, when Mr.. Quarter interrupted
him and asked the clerk to read dis
patch that he sent to the chair. Ii was
to the effect that
Clerk Peyton's Son
was lyiag very i'll at Stanton, and was
not expected TO live. On motion OF Mr..
Ousrrier leave OF absence was granted
TO the clerk for four days commencing
this morning.
This acted as an entering wedge and
before Mr.. Wilson could object the fol-
lowing petitions had been showed in
and referred:
By Mr.. Quarrier-Frnm Wm. X.
johnson and others coal operators Of
Kanawha and Fayette counties asking
that the bill regulating freight on rail
roads reported by the Committee on
Railroads DO not pass.
Also by Mr.. Quarrier-From Brewer
Smith, Superintendent OF the Crown
Hill Coal Company, asking that the bill
regulating railroad freights reported by
the Committee on Railroads 40 not pass
Bv Mr.. Lowry-From Theodore Arter
aud others Of Summers county protest.
ing against the same report.
By Mr.. Settle-From VIM. n. Page
and others coal operators, asking for the
same.
Mr.. Wilson, at 9:SO, gained the fioOr,
and for
Two Rours and Three-Qusrters
he spoke. The speech was not in Mr.
Wilson's usual style. 1t was cooler,
and apparently showed more thought
and study. lie was listened to with at
tention by all except the opposition to
H.R. No. ~, and they seemed to be
busilv engaged in reading and cores
pondence, although occasionally one
could be seen carefully noting down one
of the sneakers points.
Mr.. Wilson referred often to large
number OF law books that he had to
sustain his case. The points OF his ar
eument, briefly stated, are ss follows:
|. II sn act OF a Legislature create a
public CORPORATION or a civil institution
To be employed in the administration of
the government, such corporation or in
stitution may be controlled by legisla-
tive act. In connection with this he
quoted from the case OF the trustees of
Dartmoth College vs. Woodward as set
forth in Wheaton. He continued,
when tn, owner Of property devotes it
to use in which the public has an in
terest, he in effect grants to the public
an interest in such use and must to the
extent Of that interest submit to be con-
trolled by the pubic for
TIE Common Good
as long as he maintains the use. The
case OF Mum vs.. The State Of Illinois,
"a U. s. was en- ployed as an illustration
here, showing that railroad corpora.
ton is public corporation, its road a
public highway, in which the public
have an interest as to its use, and such
CORPORATION is create>s,.t to be EMPLOYED in
the administration Of government
II. The Legislature Of this State has
the power to regulate the ireiyht shar-
ges Of the Baltimore and Ohio Railroad
Compsny,a and the Chesapeake and Ohio
Railway Company, under and by virtue
OF the law creating the same and their
charter privileges.
Mr.. Wilson then read section 20 of
chapter lis of the Acts OF 1887 of Vir.
ginia 1.-THE general railroad law,. which
is as follows: it provides thst when the
net profits shall amount to a sum equal
to the capital stock expended in the con-
struction Of the road, with six Der cent.
per AMMAN interest thereon, the tolls
may then be
Regulated By the State.
J Continuing, he said that the courts Of