The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1881-10-15
The baltimore Il ohio Declines 10 AC'
cent the wheeling Ordinance.

ular monthly meeting on Wednesday last,
and during their session after declaring a
half yearly dividend of 3 per cent unani-
mously adopted the following resolution
THAT in view Of the onerous provisions
and impElctcable conditions contained in
the ordinance OF the city OF Wheeling, APP
proved the l2th day oil September, 1851,
this company hereby declines to accept the
said ordinance"
This resolution confirms our previous in
formation in regardto inquiries here by the
company OF their counsel touching the tran
sit rights Of the company Tor all its through
business over Sixteenth and Seventeenth
streets-the present route. The company
having satisfied themselves that they had
the right to use said streets, as now, for all
the business OF their proposed through
line via the lIempGcld, have proceeded to
decline the right OF way ordinance, prefer.
ring not to build tunnel under its restric.
tons, but to use Sixteenth and Seventeenth
streets for the passage OF their trains,
We understand that the special obiec-
ton OF the company to the ordinance is to
is seventeenth, or closing, section, which
reads as follows;
SIC. II. Should the b. 4 o. Railroad
Company fail to fulfill the conditions OF
this ordinance or to comply with any OF
the requirements OF this ordinance upon
it, orshould it do any OF those things it is
prohibited from doing by this ordinance,
or fail to doand perform by this ordinance,
according to the true intent and meaning
hereof, all the rights, powers and privileges
by this ordinance given by the City OF
Wheeling to the Baltimore 4 Ohio Rail.
road Company may be revoked and an
mlledby said city. Said city expressly
stipuatCs that nothing is granted by this
ordinance to said b. 4 o. Il. II. Co., or to
said r., W. 4 Ky, Il, Il, Co., other than the
privileges herein plainly and cXprCssly set
forth, and that they are entitled to no right
or privilege hereunder by implication.
The city Of Wheeling hereby reserves the
right at any time hereafter to amend the
ordinance and to enforce the same by such
penalties us said city may hereafter see lit
to impose, provided, however, that no
amendment hereto shall bCmadG that shall
deprive either said Baltimore 4 Ohio Rail
road Company or said Pittsburgh, Wheel
ing& Kentucky Railroad Company OF any
Of the rights and privileges conferred upon,
II by this ordinance. But such rights and
privileges shall be exercised In accordance
with and subject to such regulations and
restrictions herein contained, and such adj
ditiOnal ones as the Council Of said city
may hereafter prescribe.
The company's counsel in this city con
slider this sectionas imposing not only very
onerOus but really impmcticablc condi-
tons, They do not sec how railroad com.
pany could risk theNCccptancc Of such con.
ditions. They ask how the rights and
privileges conferred by the ordinance
could be accepted, when they are made
not only Subject to such regulations
and restriction" as arc therein CON
tanned, but subject also to "such dddi-
iioadl oncs as The Council Of said city may
hereafter prcScribe." They contend that an
acceptance of the ordinance on such terms
might be attended with an intnity Of an
noyancG from the City Council, even when
the company was honestly and in good
faith carrying out its contract with the city.
Therefore they could not think OF recon.
monding.the compOny.to accept such con.
ditions.
Another Objectionable feature Of the or
,dinance to the company's counsel is found
in Section ID, making the consent OF the
Whitaker Iron Company II condition pre-
CedGnt ito the construction and use Of the
tunnel under Twentieth street, and to the
elevation Of the grade Of Twentieth street
over the entrance to said tunnel" They
contend that all private interests affected
by the right OF way should be RENTED to
condemnation proceedings according to
Inv, and that no veto power Of this kind
should be inserted in public grant Still
another objection Of the counsel is the
general fact TINT every thing required ut
the hands OF the company is to be done to
the satisfaction Of the City Council, or
come Of It's committees or officers. No
matter how well any work may be done in
the view Of competent and disintcrcsIcd
engineers, 1t must still be done to the salts
faction Of some person or persons who may
not beexperts in such work, and who may
have motives for not being satisfied The
Company's counsel claim that there is
abundant remedy ut law for any failure rs
TO the specific performance Of contracts, rs
well 0s for all damages resulting from such
failure, and that it is M unusual proceed
ing to invest one party ton contract with
Observation-Disclosures judgment, amount
ing to nm absolute veto, us to its fullllment
by the other side
These are some Of the points Of objection
suggested by the resident counsel Of the
company hero against the adoption Of the
ordinance by the u. & o. railroad. They
have no doubt that an accommodation Of
views can be easily reached between the
city ind tho company provided there is
spirit Of compromise manifested by the
city, inNsmuCh us the company much pre-
iers tObuild tunnel rather than Use Six
teUnth mud Seventeenth streets. II they
conclude to Use the streets instead of build
ing tunnel il will only be bccNuse they
dare not risk their interests under the CON
ditiQns coupled with the right of way.