The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1881-07-06
rnE p, ID. . "a. vs. InE p. 8 Q.
rnc Contest BstWeen them for the Rivel

ThC Contest Between lnem q Sno AANeE
PrOnt-Ihe AsGfSslIy Of Abe Cay RFO'.
IectIOg her Railroad InIeFesi1.
There has been so much said and writ
Ten hrst and last within two years past in
regard to the issIes between these two
railroads, in the matter OF the right Of way
for the former through the city, that We
deem it q matter ci interest at this time to
Riyes resume Of the case as 1t stands be.
tween the two companies. AS most Of our
readers know, the P, W. 4 KY. has de-
sired for two years pssL to extend Its track
to Bsnwood with a view Of reaching the
manufacturing establishments sOuthO Of the
creek, and it Is a matter Of great import
snce 10 those establishments and to the
best interesta of the city that 1t should do
90. As the situation stands they are mac.
csssible except by hauling to the p, W.
&Ky., and therefore the city has never
really had the benefits oftheP Pennsylvania
competition to the Baltimore & Ohio. The
struggle Of the r., ". &Ky. to reach the
lower limits Of the city began In 1879. On
the 20 h OF July Of that year the city Of
Wheeling by ordinance authorized the P,
". 4 Ky, Railroad Company to construct
Its proposed extension TO BenwOod over
the streets, alleys and lands OF the city on
tn line fixed By q plat then furnished to
the city by the company. 1t WA specially
provided that thu city was only grant
Ing the right oil way so far
81 it affected city property, aud not to a.
t,ct the properly Of private individuals
aid corporations. This line follows the
river bank west oil the Baltimore 4 Ohio
Railroad C%ompany's tracks. just below
Wheeling creek il crosses q narrow strip
Of ground belonging to the b. o. K. X.
Co.,, which strip extends one hundred and
thirty feet or more into the river, 1t also
touches slightly another parcel Of ground
OF the b. 4 o. Co.. on which the Nail, City
Boat House Ia built, On August 10, 1870,
at an interview between the officers Of the
two railroad companies, the r., W. 4 Ky.
officials exhibited a plat Of their exten.
sion and sought to procure, amlcably, the
right Of way over these two parcels, Of
ground, which were mott use for railroad
purposes. The B. 4 o. officials answered
that only such q right Of way could be
had az the courts would give; and upon
their own request we're allowed to keep
the plat. Between the 10Th and 18Th Of
August the b. 4 0. officials mapped out
their course. From tho 18Th to the 2lst
they took various means Of occupy
ing the ground over which the
proposed line Of their competitor
would run. one was by putting in q new
switch and track In tho intersection Of
Water street and Twenty.third street,
along and across the proposed line Of the
r., W. 4 Ky. company. Another was to
uncover aud oCCupy,jf possible, 81 AbAn.
dOned switch on city property west Of
Water street on the line Of The p, W. &
KY. extension. Another was to give the
city notice that they, the Il. &O. company
would file a petition in the county court
10 condemn for their use, the ground on
which their abandoned switch was. An.
other was to extend spur tracks out north
Of the creek to the top OF the present river
hank, crossing the Inns OF the proposed
extension, Another was to build a rail.
road trestle far out into the river south Of
the creek upon their own STRIP, Of land.
and nut cars upon II.
The city inleriered with their dlepiup III
Water and Twenty.thitd streeta, and IN
Twenty.second streets and on ciLv landa
aouth of the oreek. bscanpe s,ich divOino
without license. VIVA IN violation n amor.
dinsnCs made for The protection OF CITY
property. ~.
Ga the night of AuVuat gls,. affair ali
these things were mt on foot by thu R. A
0. company, the P, w, & Ky. company
brought men and materials, and nut down
tracks upon the around of the ultv south
OF the creek over which their proposed
line ran, and on the ground north Of the
creek which was supposed 10 be The cItv,s,
On the next day The d, 4 O. mpsn
filed two bills with Judge MelyIn. ons
against the city and one against the p. W,
SKY. K. r, Co., RskinV. f,r ipiunolion,,
Both OF them Glad onswsrs. Also SStino
fjr Ipiuuc,ions apaipst ,tba r 40 n, r.
%. Thereupon the n, 30. IN, moved
TO dismiss its bills. Thp mo,ionu sot.',a.
sisted, but upon techieal vrounds mo n
30. Go. WAS allowed to withd,Aw IA an.
plication for lpiunclions. thus pracIcalIv
dIsmlgslpg lls bills, Then It brouvht a
suit In the United stAtes CircuIt Oorrt al
Petersburg asalnst the. civ and lbe p.
". & Ky, r. X, Go, Jointly to, reatraip