Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-08-20
SOME NICE POINTS
,svorvsD IN TEE IMPENDING LEGAL con-
TROVERSY
O.,,,siug Tho Demand on the County, BY the Ter
niusl Railroad Company, for the Payment
Of the Third 100000.

che adjournment taken last Friday
of,erpOon, for the purpose of deliber-
o,ing further upon the formal demand
made by the Wheeling Bridge and
Terminal Railroad Company upon the
coupty for the third $780, 900 Of the
bonds embraced in the ordinance, by the
terms of which Ohio county subscribed
~ the capital stock of tho Company
named.
At the meeting held last Friday a re-
ouest was received from Mr.. ii. NJ.
RnsSell, representing certain citizens
and taxpayers opposed TO the payment
Of the sum demanded, TO the effect that
the committee postpone action until a
protest could be filed, and at to-day's
meeting IL is expected such written pro-
test will be given, accompanied by
either verbal argument or written OBJ
iectiOnS TO the fulfllment of the Com
oany's demand upon the county. Mr..
". P. Hubbard, representing the Ter
minal Company, is also expected to be
present, amply provided with argu-
mentS in REPUTATION of the allegations OF
the taxpayers. and lively and interest
ing session is looked for.
The matters at issue have been re-
peatedly referred to in these columns,
at this tine.
The demand made by the Terminal
Company upon the county for the third
500, 600 is based upon a clause in the
ordinance making the subscription,
adopted by the Board and ratified by
the people OF this county, wherein 1t
was stated, after providing for the pay
ment of $500, 600 in certain inStallments,
as work progressed upon the Union rail-
road bridge and the terminals within
this city, that third 500, 1000 should be
due and payable ''when a new railroad
from the bridge 10 BowerSton, o., shall
have been constructed, ready for the
passage Of trains"
1t will be seen that this ordinance did
not specify any particular railroad, nor
in any manner hamper the Terminal
Company by conditions, but simply said
"a new railroad" IThe Terminal Com
pany rest their case, apparently, upon
the proposition that "a new railroad
to-wit, the extension of the Wheeling &
Lake Erie from BOwerstOn to the river
has been completed. ready for the
passage OF trains" and that, under the
terms OF the ordinance, the sum de-
manded is due. On the other hand, il
is alleged by those opposed to the pay
ment of the sum named, that it was I'M
derstoOd by everyone that the new
railroad" was TO be road built, owned
and controlled by the Terminal people,
and that in effect they are endeavoring
Ito obtain from Ohio county the sum OF
SlOO, 900 without having done anything
TO merit the bonus.
At the time the proposition Of the
Terminal COmpany--then the Wheeling
|and Harrsburg-waS made TO the peO-
sple OF Wheeling, the Wheeling and
Bake Erie road had its eastern terminus
at BOwerston, and had not commenced
work upon its extension to the Ohio
river. Some time after the adoption of
the ordinance by the people of ONO
county, the Wheeling and Lake Erie
working into the coal lands
bought by its owners, and eventually
came on down to Portland. Before
they had got fairly to work in the val
hey OF Short Greek, however, the
Wheeling and Harrisburg people, act
ing under an Ohio charter, also
began work, and for several
months the workmen of the
two corporations worked almost
side by side, readers probably recalling
that there was good deal OF friction
between the two rival parties upon
several occasions. After expanding a
good deal of money, both upon actual
work, and In securing rights Of way,
etc, the Wheeling and Harrisburg peO-
pie gave up the fight, and allowed the
Wheeling and Lake Erie Company to
proceed with their line, the completion
of which, first TO Portland, afterwards
TO Steubenville and still later to Mar
tins Ferry, where a connection has
been made with the Terminal System,
is q matter of history.
Under these circumstances, the claim
of the Terminal Company, that the ex-
tension of the Wheeling and Lake Erie
is a new railroad" within the meaning
of the ordinance, seems to be plausible,
and TO afford a standpoint from which
some effective and vigorous fighting
can be carried on.
One Of the main objections, so far as
is know, TO the claim set up by the Ter
minal Company, is that the whole in
tent and meaning OF the proposition
made to the people of this county, and
one which was a leading factor In the
fight from the first, was the securing Oh
permanent connection, through the
new railroad" with several roads cen
tering at or near BOwerston, and that
the completion of funnel line, open to
all roads desiring to use 1T, would
alone comply with the spirit OF
the clause which has been
quoted. IL is averred that the
Wheeling and Lake Erie extension, II
"a new railroad" is not such new
rairoad' as was I'm contemplation, and
that il does not meet the requirements
OF the situation nor the expectation OF
the public. 1t is also said, in reply 10
the argument that sit could make no
difference to the people OF Wheeling
who built or owned the road, that
there could be no guarantee of perma-
nancy respecting existing traffic ar
Judgements between the Terminal
Company and the Wheeling and Lake
Erie-that a satisfactory ARRANGEMENT,
existing this year, might be Advocated
next year, In which case there would be
not 1.-THE OF the benefits accrulng 10
this city which were expected
under the clause in the ordinance
providing for the payment Of the money.
II Is also pointed out that while the
Wheeling and Lake Erie runs to Mar
'In'S Ferry, it also runs to Steuoenville,,
something certainly not contemplated
when the ordinance was adopted, ana
Uni In nfHnct Tho line frnm ROMerStOn