The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1881-07-06

road purposes Rpd that the PoluE Was nue
made in good faith. The Issues we're deci'
ded in iayor Of the p, W. 4 Ky. Company
The B. 4 o. Company appealed fnt to the
Circuit Court Of Ohio county, and then,
being beaten there, to the Supreme Court
Of the State, but the Supreme Court Gus
tanned the lever Courts, ThsFeppon they
appealed TO the Supreme Court OF the
Unlted States upon the question whether
the State Court did right in retaining the
case when the Baltimore 1 Ohio petitionsd
Tor removable the United States Circuit
Court. sB9al.R e'H 7l a'-4
The P, W. & Ky, Company paid into
the State Court the money assessed for the
land condemned, $1,000, and were ready
to proceed TO work II the Injunction suits
were out OF the way. But the B. & 0.
Company brought ANEW suitin' the U. s.
Circuit Court to restrain the F. W. x KY
Company from taking thelaud condemned
as they alleged that the condemnation
case was pending in the U. S. Circuit
Court Notwithstanding the subsequent
proceedings in the State Courts, The r.
Wa Ky, Company was again. e%njoined'
So at the beginningot the present term
OF the u. s. Circuit Court at Petersburg
there we're three cases on the docket
First, the B. & o. U%ompRny's suit against
the city and the r; wa KY. Company
Ito get ipjulcltonS and to get deeds for
comprehensive easements and right OF
way. Second, the condemnation suit oil
the p, ". ky. Company, as removed, OF
supposed to be removed, by the B. 4 o,
Company, and third, the injunction suit
to restrain the p, W,c& Ky. Company
from taking possession Of the land COLI
demnsd in the State Court. Also there
was and Is pending in the Supreme Court
Of the United States the B. 40. Company's
appeal from tho Supreme Court Of this
State, gov
The case Sc Of the Is i. 80, Co, against he
city and the r, ", & Ky, Go, was argued
and submitted, Chief Justice Waite heard
the case, and has rendered the decision
Of the Court, fudiUg that the B, & 0, Co.
was entitled to . right Of way which was
defined to be limited to the tracks it had
Ia use on July Goth, 1879, the date Of the
ordinance granting the way to the p, W.
4 Ky, Company. The court did not aus
tain the claim for eighty feet nor require
the city to make a deed for any right Of
way. AS TO the ground south ofths creek
1t epjoined the city and the p, W. 4 KY.
Company from interfering with the'B. 4
10, Oompany's tracks which were in use
on July 10Th, 1924 harmless 10 junCtion,
as neither party proposed to disturb them.
II provided that neither the city nor the
lP, W. d Ky. Company was restrained
from using Water street and the lands Of
the city west Of Water street, including
fthe b. & o, COmpany's abandoned track,
across which the p, ". & Ky. COmpany's
line passes. As to the ground north oil
the creek, 1t found practically In favor Of
the B. 4 Company, exOeptthNt 1t did not
require the city 10 make a deed for the
parts Of streets on which the B. & o. Com
psny's depot stand, But 1t epjoined the
city from interfering with the freight de-
pot-A danger which had not been sugges.
ted or threatened, II; found that the
ground which the BID o. Company had
d right to retain on the bank north Of the
creek and south Of South street under tie
contract Of 1852, extended on the river
side sixty.three feet wsStwRrdly from the
3. 4 o. fteigh:depot, being a few feet be.
yond the line OF the p. ". 4 Ky. extern.
sion, but not nearly out to the top Of the
present Gil Of the river bank. ILsnjoinsd
the P, w 4 Ky. Company from occupy.
Ing the ground east Of the line establish.
ed, and ordered the B. 80. Company 10
make a'deed 10 the. city for the,lapd west
Of II. 1t ordered. the b. o. Company TO
pay one.half the costs and the city and
the p, ". Ky. to paythe other.
80 the p, W. & Ky. Railroad Company
has the right to pass 10 the neighborhood
Of the B. 10. Company's tracks on lands
otthe city over which It has been given
the right Of way. The 3. o. Compapy's
ground north Of the creek has been defined
and the p, W. 4 KY Company can 60
around II. Butts impossible to 90 around
the BIZ o. 0ompany's unoccupled river
bed south otthe creek, II must be cross.
ed. The trestle is no longer in the way.
The high water removed 1t. But the In.
junction aud the appeal are still in the
way, and there 10 no telling how long they
may b elmade TO serve the purpose Of OBJ.
struCting the building both Of the p, w.
4 Ky. extension and Of the Wheeling,
P~arkersburg & Charleston Railroad. II
the position otthe B. so. Company, that
II cannot be compelled to litigatO In our
State courts, shall be sustained by the
United States Supreme Court, then the
whole question Of the right Of the p, W..
& Ky. Company 10 condemn lands Of the
b. 4 O. Company must be submitted 10
the United States Circuit Court sub.
iect 10 the right Of appeal TO the United
States Supreme Court, for that question Is
not involved In the case nov in the SD.
prerhe Court Of the United States
tits now nearly two years since the p,
W. / KY. extension WAS commenced but
the b. 4 o. compSny soon turned the
work over from the manual labotefs to the
lawyers. The history Of the case shows
that the lawyers have not been idle.
The value Of the B. & o. company's
land which the p, W. 1 Ky. company
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