The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1893-01-07
TOIAKE UP The TRACK
Council Committees Recommend
the Removal Of the Switch at
lND'FORTY- THIRD STREETS.
The Meeting Was a Lengthy and In
tePesting Ono, Both Sides Being
Represented BY copnsol,-Tho Petit
tIoRers Appear and Testify'-A Biz
Legal Fight is Certain,

--Fs---Tpfa
There was an important meeting in
the chamber OF the first branch City
Council last night, by the joint Council
committees on railroads and streets,
alleys and grades, II was called to con-
slider the mstter Of the switchor double
track constructed by the street railway
company on Jacob street below Forty
third street, which has been the subject
OF controversy for some time,
The joint committee organized by the
selection Of Mr.. T. F, Farrell as chair
man, Tho petition Of property owners
AUDITING on the track was read, and
praying that Council be asked to take
such steps to remove the double track
and have the single track placed in the
middle OF the street,
A number of property owners were
present and were questioned by Prose-
cutting Attorney John A, Howard, who
appeared for the petitioners.
Tho first gentleman questioned was
Mr.. Z. NJ. Richards, tha druggist,
Mr.. Howard;-"What is your BUSH
ness2'
Mr.. Richards:--"I am a druggist"
Mr.. Howard;-"Where is your place
OF businessP"
Mr., Richards "At43l5 Jacob street,
Mr.. Howard-What inconvenience
hayey you noticed to your business, by
reason OF the laying OF this switch or
double track2
Mr., Richards-The track Is laid but
seven feet from the curb, and as the
street is SO small there is not even
room for horse and buggy to pass the
cars on Jacob, SO that 1t Is unsafe for
teams to stop there. Customers have
come into my store who have said they
wouldn't come back, because OF this in
convenience. The way 1t Ia now, II is
necessary to go half square to hitch q
rig. Not q doctor has stopped at my
place since this track has been laid, and
these are the men on whom ! depend
for support.
Mr.. Howard then called Mcssrs. 10.
seph Hydinger John Wenzel and
Henry Brlnkman, who testified to the
injury the track had done to their BUSH
ness.
Judge Jacob, who appeared in behalf
Of the street railway people, called MIR.
Chillcoat, OF the railway company, and
he was asked to tell the committees
about the switch.
He said :-"rhis switch Is what per-
sons who don't know Thinks a double
track Before, the spur or switch was
at Forty-slxth street, not convenient
place for US, so we constructed tho spur
at Forty-third street, and instead OF
joining both ends to the main track,
branched one off by way Of Wood and
the other by Jacob street. It Is not to
exceed 80 foet longer than the old spur
at Forty.sixth street" q 'ae tF,2s
Judge Jacobs-"Has there ever been
any delay caused by the work?"
Mr., Chillcoat "The cold weather
has delayed us, and We could not relay
the street as perfectly as could have
been wished, but We. did the best We
could under the circumstance"
Mr., Chillcoat also stated that he had
seen teams pass the street cars along
where the spur has been constructed,
and had gone past there in his own
buggy. He had also seen teams stand.
ing hitchod, while cars passed without
any trouble.
characterization by Mr.. Howard,
he said there was room for teams to
turn out. He did not know the exact
width OF an ordinary vehicle.
He was asked II the street car COM
pany had asked consent Of the city to
lay the track, and replied: mot in the
start. We laid 1t on the authority
given us by our franchise"
Mr.. Howard then commenced his
ARGUMENT FOR THE PETITIONERS.
He said he would not undertake to
explain the situation, as it is generally
known. The petitioners ask that tho
railway company be compelled to take
up their two tracks and put ono track in
the middle Of the street. He claimed
the company has two tracks from the
the south side OF Forty-third over 200
feet, and commended the company had
no right to put down the two. He
claimed the company does not need the
switch or double track, and that the
motor men can see from the curve
whether there ia car below, without
running onto a double track, which Is
injurious to the city's interests. He
said the only difference to the company
Is that by waiting on Forty-third the
car would DO less than 200 feet above,
and therefore no Inconvenience to them.
He contended the city should not
allow the obstruction to traffic and bust.
ness to stand, and that the tracks
should be taken up. The street chr
company must have known II had
no right to lay this track, as 1t was laid
without authority.
Judge Jacob replied at considerable
length, for tho street car company. He
dwelt on the fact that the company had
expended large sums hero within the
past year and employed large numbers
Of men, and had no motive to injure
any one. He claimed that 1t would not
construct a 200 foot switch II smaller
one would answer the same purpose.
The company has no desire to iniure
the petitioners but desires TO cultivate
them, and only desires to make It's sys.
tam as perfect as possible. The dill.
Guilty he said, was largely imaginative.
He then gave history OF the case,
which 10 familiar 10 most people. The
case had como up before the Board OF
Public Works and as ho thought had
been permanently settled. This body
after going over the ground had revoked