Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-09-07
INTERESTING POINTS
INVOLVED ma SUIT BROUGHT IN TIE CIR
CUT COURT YESTERDAY,
In Which Two ArbiratOrs Apply for an Iniunc-
ton Against Third, to Compel a Division
Of Money Awarded by Him and
to Keep the Award Secrs.


curious suit was brought in the office of
the Clerk OF the Circuit Court, yester-
day, when Messrs. Henry Riddle, OF
Benwood, and J. Howard Holt, OF
Moundsyile, asked for an Injunction
against w. Fl. Rinehart, restraining
him from divulgiDg the finding of the
arbitrators In the matter OF the dispute
between certain Benwood property
owners and the Wheeling Bridge and
Terminal Railroad Company, and also
to compel a division Of certain money
received by the said Rnehart from said
Railroad Company, in the way OF fees.
The bill filed In the case recites.
among other things, that In pursuance
of a grant OF right Of way made to the
Terminal Company by the Council OF
Benwood, il was agreed that the prop
erty owlers claiming damages and the
Railroad Company should submit their
respective sides OF the matter Ia contro-
versy to arbitrators, but that the ordi-
nance so passed made no provision for
the payment OF the arbtrators's fees or
other costs, leaving the whole subject
OF costs subject to the implication OF
reasonable fees to be paid in accordance
with the principles OF law. Plaintiffs
show that they, in conjunction with the
defendant, were duly appointed as arol-
traitors between K. M. Gilleland and
Mary z. Handlan and others, all due
formalities having been exercised. Mr..
Rinehart was selected by the Railroad
Company, Mr. Riddle by the property
owners, and these two chose Mr.. Holt,
OF Moundsville, as the third arbitrator,
and he was duly appointed by Judge
PAUL. 1t is further recited that all the
parties to the controversy were In
formed, as preliminary, that the aroi-
traitors would look TO the party against
whom the award was made for the pay
ment OF the fees and costs. and there
was no objection from any one to this
course. Evidence was accordingly
heard, decision was arrived at, and
the award was left In the hands OF Mr..
| Rinehart, TO be made known only upon
the condition OF the payment OF fees
which amounted TO ninety dollars in the
aggregate, or fifteen dollars per day
for the six days consumed in the
enquiry. Mr.. Rinehart was TO give
notice to the parties that the award
was made. and to the Railroad Company
| that the fees OF the arbltrators were
due from IL. 1t Itappears, as plaintiffs
are Informed by the defendant, that
he did this, and that the Railroad Com
pany declined to pay more than one
| half of the fees, that is, to pay Mr..
Rinehart, their own arbitrator, his fees
| in full, and to pay TO Mr.. Holt,
the third arbitrator, one-half OF
the fees due him, leaving Mr.. Riddle to
collect his fees as best he could, and
also leaving Mr.. Holt out one-half OF
his fees. The plaintiffs understand and
allege the fact TO be that they had a
lein upon said award, made In writing,
for the said fees, and aver that they
gave the award into Mr.. Rineharts
hands with the distinct understanding
that the award was not TO be announced
TO anybody, by any one OF said
| arbitrators, until the fees were fully
paid. 1t is further alleged that ln total
disregard Of this agreement made by
the arbitrators, and in violation OF the
trus: reposed In Mr.. Rinehart by the
plaintiffs, the defendant proposes and
threatens to disclose the said award tc
the Railroad Company on payment OF
his own fees and one-half OF the amount
coming TO Mr.. Holt They therefore
pray that he be enioined from making
known the award.
The injunction was issued as prayed
for, to take effect when bond OF thirty
dollars is filed.