Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1882-09-06
THE CITY AND THE b. d O.
The Case Virtually Decided FxpIana
ton by the Board.

The injunction case of the B. & o. Com
pany against the city OF Wheeling and the
Board OF Public Works came up in the
District Court yesterday. The city asked
the Court to modify the restraining order
already granted the rosd, suspending the
injunction until the case was decided. The
Court overruled this, virtually deciding in
favor OF the company. The city merely asked
that both sides be stopped from proceeding
with the work until a final decision was
made, but the Court refused it. The result
of this will be that the road will have fin
ished the work before the decision is rem
dered. ..
Last night the Board submitted COM
munication TO Council, which, besides de-
failing all OF the circumstances of the case,
contains points of such vital importance TO
TO the city thatit is worthy OF insertion
complete. 1t is as follows:
To the Honorable Mayor and Council Of the
City of Wheeling:
The Board OF Public Works wishes to call
your attention TO controversy which has
arisen between them and the B. & o. r.
Z. Co.
Some days ago, finding Mr. Bentley, with
gang Of laborers, digging into Sixteenth
street, paved street in your city, he was
notified that unless he or his superior
officer obtained permit, as required by
section 16 of your ordinance governing the
b. of p. W., the police would be called on TO
enforce the penalties flprescribed in said
ordinance. The b. & o. Co., through, its
agent, refused to obtain the permit required
and work was stopped for the tune The
B. OF P. works, at.all times, distinctly disa.
vowed any intention to interfere with the
right to repair their track as claimed by
the Railroad Company but, merely desired
to subject the company to the same restric-
tions in the exercise of that right as your
honorable body has imposed on our own
citizens.
After a few days the Board was served q
notice by the attorneys Of the b. & o. Co.,
that on the 10Th day of September, an ap-
plication would be made to the Q. s. Court,
for an INDUCTION TO restrain the Board from
interfering in any way with that company
in repairing its tracks or replacing them
with new steel rails and new ties on Six
tenth and Seventeenth streets. Saturday,
the ID inst, a private application was
made to the Judge of the U. 8. Court, and q
temporary injunction granted by him,
which was set for q final hearing on the
7th, tnext Thursday To-day the d. & o.
Company is engaged in laying new rails on
Sixteenth and Seyenteenth streets in def
ance of any authority your Body may
claim 10 have over the streets of your city.
The B. OF p. Works address you this com
municstion to call your attention to the
case, for the special reason that: II the b.
Il o. company has the right to set ut def
snce the police regulations your body has
ordained for the better protection of the
lives and property of our citizens, then the
Citizens Railway company, Elm Grove Rail-
way company and the p. O. & St. L. Rail-
way company are as equally entitled to be
released from the same regulations. In
fact the telephone and telegraph companies
are in the same category; and il so then the
right to the free use of the streets and alleys
of our city is being slowly and surely part
ed with, and the only restrictions, in q
short time, as to the proper use of the
streets and alleys which will be enforced
will be those which aie placed on our own
citizens who pay the expenses OF our city
government, and foreign corporations who
bear but little of the burden, while doing
business here and enjoying the protection
You can give-can If once allowed foot
hold in our midst-set your government
at defiance Believing the matter one
which deeply affects the welfare Of our cit
liens, the Board of Public Works present
this communication 70 You for Whatever
action, if any, you may see fit to take.
We have exhausted the authority given
US by your rules, but we deem it matter
of vital importance to have il settled prop
erly, and would respectfully request q ref
erence of the matter TO the Board of
Claims for q full examination and
such action ms the Board may
deem proper. Your honorable body