Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1883-09-02
THE E QUESTION.
interesting Points Concerning the
Motor Privilege.
The Rights Of Citizens and the Rights Of
cOuneit-HO~ Far Does Property
Extend "A Few Cases
in Point.

1T matters little whether Co~unsikpssses
the Elm Grove ordinance or not; ne steam
motors will never run in the city"
This was the remark Of a wellknown
citizen, yesterday, made in the presence OF
a REeIsrkR reporter. The getlsman co.,
tinued:
If the ordinance should be passed, an
Injunction would immediately be taken
out restraining the road, as Council has
no authority to grant the use Of the streets
for any such purpose. Back Of that, would
come q suit for every individual piece OF
property the road crossed"
individual property! What do you
mean By that?"
81 mean that every property holder on
Sixteenth street owns to the middle of the
street and the Company would have 70
condemn each separate piece before 1t
could proceed"
Where did you get such information as
that
1T came from a first clsss lawyer was
the reply aud afterward the gent eman
said Mr.. Geo. b. Caldwell was his author.
ity. Mr.. Caldwell has been a prime mover
in the opposition to the motor snd to get
his peculiar views, the reporter visited his
office.
Aha" said he, when the reportorial
mission was unfolded, You fellows are
against us, and l had better say nothing"
Then, with his " laugh, IL have nothing
TO say about 1t"
Upon being assured the REGISTER would
present the question fairly and without
partiality, he said:
81 AiA NOT rnaka INV nnaifiva Sfqfnmpnt
but only said ! had not thoroughly exam
med the matter. / don't say any suits THI
be brought, and | wan you to say | am
not assuming any defiant attitude toward
Council, and making threats, for | am not.
As | think the presence of the mOter will
depreciate my property on Sixteenth
street, l an opposed to its coming there.
That's all"
Mr.. Caldwell did not say any suits would
follow the passage OF the ordinance, but he
thought there was good ground for suits,
When asked what would be the ground Tor
aC,ian, he smilingly replied that grounds
were not decided urOn until the suit was
ready.
gIAnother gentleman. discussing this ques
lion, said:
Il con give you an illustration to show
how absurd is this talk aoOuL the cIty's
right to grant such IA privilege as Is asked
by the Elm Grove road. When the River
. siGe mill was built, they proposed 10 run q
track TO il from their coal mine. George
Forbes and others got out an Injunction IL
lItyent 4, but an amendment was made
h. the city charter in 1865, allowing The city
, L. make Just such grants. Ii the city mas
I flo rights, how lid the l.. x o 20 up Six
tenth street, in the face Of all the pro
tJSts?'
Mr.. Henry NJ. Russell, counsel for the
= Linn Grove road, WAS asked about the prop
Csiiion that property holders owned to the
middie Of the street.
lis all nonsense" sa;d he. There i:
ne, . deed in the city that gives such q
Boundary as that. An Illinois court mad
such a decision, but that court has made
tao ana opposite decisions 10 a great many
cases"
WAS anything ever done to prevent the
Hemptield from going up Sixteenth
! street,
Nothing to amount to anything 1t
could not be done, and what applied - the
Is. Il o. will spply to the Elm Grove. Ii
makes no difference whether u railroad b.
eur miles or four hundred
The difference" said q citizen, between
q public and a private enterprise Is best
shown by the sugar refinery case. Iney
wanted a private railroad, which was re-
fused, while the b. i o.. has the right to run
out Sixteenth street. One was a private
concern and the other n public concern.
The Elm Grove road Is the lAttsr-a pubnC
concern, operated for The benefit aud use OF
the whole public. Council, Therefore, has
full authority to grant it the steam priyll-
eye in the city, AMI | think it will do it,
ID. l.. STAgKEY, a iirsL class mechanic, IS
now permanently located IN the Domestic
Machine office in Wheeling, W. Va, where
be will clean, adjust and repair all stand.