Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-07-27
BOND CANCELLATION.
An Effort to Annnl Harrison Oouniys Subscription 70
The West Virginia and Psnnsyl-
7ania Railroad.

nesiay one OF the most interesting quss-
tiols to the people of this county was con-
sidersd by The County Court. viz: the can
collation. Of the bonds heretofore issued by
the county upon the subscription Of $780,
COO voed The West Virginia and Central
Pennsylvania Rsil,oad.
A petition signed by mora than thirteen
hundred taxpayers and voters had been
died at a former term Of the Cour. asking
that the bonds be cancelled, and the 25th
inst. fixed as the day upon which the
Court would hear the parties in interest.
TIE gentlemen representing the railroad
present we're Hon. A. L. Hayward, form-
srly OF the S1p,eme Court, and Hon. Benz.
Wilson. Assistant Attorney General.
Mr. Raymond said, We do not want to
tske auy advantage, bat the company de-
sires 10 be heard. Hon. Ira c. Post
here interrupted the speaker, who yielded
the hoOr, ana said our counsel are un-
necessarily absent, and / suggest that the
case be heard on some future day, when
the peoples counsel can be present. Some
pleasant words then passed ia which Post
said 10 Raymond, you are an anti-mOnop-
oily man. aud 20 Wilson, you are too. re
member your speech.
Mr.. Raymond then resumed his argu
ment Among Other things be s8id: We
appear and object to the hearing Of the case
now. az it has lot been legally proceeded
in and defendants had not been summoned
in the manner prescribed by law; nor had
there been a rnle issued agains, them to
show cause, if any they could, why the
bonds should not be cancelled. The re-
cord does not show in the former proceed
ing that railroad was present in person, or
by counsel, or that it had been legally snd
formally summoned.
At the proper time we viii be able to
show grounds and reasons that the bonds
should not be cancelled, and the court
should hear us. We can make no valid
objection 10 deierring hearing Of the cause
owing 10 the absence of counsel for the
petitioners. All 1 desire is to make the
objection and ask it to be made matter
or record. Mr. Raymond continued to
discuss, In his usually terse and scholarly
manner, the issue involved at length,
after which the President of the Court ex-
planned that the petitioners claimed that
the court could &C. without notice to rail
road company, but that the court thought
differently, snd desired TO hear the COM
pluy, and we're under the impression That
tbis meeting was iOr that purpose, bnt
taat ~ would not refuse 70 give the COM
plny Gay upon which to be heard, 10
SHOW reason Why bonds should not be can
cslled, ard ssked 10 hear Judge L. w.
Harrison, On the point, one Of counsel for
ths people
Judge HarrisOn's remarks were pointed,
and further discussion as TO the point ia
volved avoided as Judge Raymond and
judge Harrison undertook the preparation
of sucn an o-der as shOald be made upon
the record ia The case.
In the meanwhile, and at this juuC,urs
of the proceedings, J. NJ. Homer, Esq,
got the hcor and addressed his remarks 70
the merits Of the question. lie said; l
feel embarrs lsed 20 come IN contact with
the opinion Of Judge Raymond, Of the ST.
prems Court Without sieadled srgu-
iaentl wish 70 say thar when the people
voted the subscription 10 the railroad they
old il in good faith. They saw at that
time the only relief was in q competing
line Of railroad Tceir faith and pledges
have long since been forfeited by the com
p,uv. il has failed to commence the read
by January 1, 1851, at which time 1t was
to be completed. The few work
ifg or the road Is only
snare hnd device TO mislead the
people aud eusnare them into paying the
tax. resulting from the subscription. The
right u petition is recognized by the Con
si,ution. The circumstances that existed
at the time the $3.50. 600 was voted are now
obviated by the passage Of the Interstate
Commerce law. The only reason that can
be offered against the csncelliug Of these
bonds, is that q few interested in the road
desire to lire their pocket ut the expense
Of the tax payer.
object to it, and sOlemnly protest
against IL. I esk that the court cancel
these bands and relieve 3 tax-oppressed
snd suffering people from the payment Of
these bonds, representing a subscription OF
$3.50. 600. 20 road which has not COM
piled with It's contract. Aud let me tell
you. If You DO not concel these bonds 1t
Nil be toe same old story Of fraud, and
the taxpayers will be robbed OF every cent
as in the Weston road, and be involved in
long and tedious litigation.
Col Wilson then spoke. Among other
things he said: That everything bad been