The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1893-05-20
FEELING RUNS HIGH
Over the Electrical Railway Mat
ters over the River.
a LAWYER ARRESTED YESTERDAY
For Bringing Suit against the Men
who arc Building tho new Road.
Some of the Inwardness of the
Franchise Conflict - Work being
Pushed in View of a Possible Iu-
junction.

bridgeport 10 Just now undergoing
good deal Of excitement over the con-
tlicting claims Of tho two electric rail.
way companies which claim the fran
chise for tracks over the streets Of that
town. A large force Of men worked all
night last night laying tracks for A. r.
Leyda aud ]. K. jolly, so that 1t could
beput down complete before conteln-
plated injunction could be served at
the instance OF the Wheeling Railway
Company.
Yesterday afternoon about o'clock
Mr.. William Erskine, the well known
lawyer Of this city was arrest cd in
Bridgeport on complaint OF ], W.
Fowler, u paid empioye OF Leyda and
Jolly. The arrest was made under sec
ton COIL OF the Ohio statutes, which
assesses u fine oil not more than $500 on
any Judge, justice, court officer or law
yer, "who encourages, excltes or stirs
up any suit, quarrel or controversy be-
tween two or moro persons, with intent
10 injure any such person"
Mr.. Erskine promptly gave 500 bond
for his appearance, Attorney Duncan
and Solicitor Mckee going on his bond.
When asked about the arrest last
night Mr.. Erskine said 1t grew out Of q
suit he had brought for Charles D.
Smith, at Smiths solicitation, to per-
petually enjoin Leyda, Jolly & Co. from
pursuing their operations. Another
suit is to be brought by the firm Of
Erskine & Allison, with Hon. l. Dan.
ford and Mr.. Duncan, who arc also as
ISOLATED with them in the Smith suit.
Tho second suit will be for the Wheel
ing company, and is brought by order
Of It's board OF directors.
ANY person not blinded by passion or
prejudice can SEQ ut glance that the
accusation against Mr.. Erskine is sim.
ply silly. 1t is evidently made merely
for effect.
From the petition in Mr.. Smiths suit
and other documents in the possession
Of Erskiue & Allison, with Mr..
Erskine's explanations, very Inter.
osting story is derived. 1t shows to
what lengths blind partisanship can go.
MIR. Smith brings the suit for himself,
citizen and taxpayer OF Bridgeport,
BILE property therein, against the incor.
porated village Of Bridgeport and
Messrs. A. Il. Leyda and J. X. Jolly,
with other persons associated with
them TO the complainant unknown. lie
alleges that the ordinance granting
these people tho right OF way was ille.
gally passed. Other suits are also
pending, ono to enjoin their occupying
the pike from BellairO to Bridgeport
and the other to enjoin thom from lay.
ing track westward on the National
road.
Perhaps to get consecutive and in.
telligent idea OF the 'inwardness" OF the
fight over tho river, 1t were better to go
back little in local street car history.
Aiessrs. Kimball, Champion, A. NJ. Jol.
", w. W. Hazard and A. X. Leyda, 1t
will be remembered, bought contrOll.
ing interest in the Wheeling street rail-
way company's property. This includ.
cd not only the railway and franchise
in Wheeling, but certain franchises in
Ohio, granted by tho authorities
there TO John NJ. Sweeney & Co.
aud their assigns. Mr.. Leyda
drove over the Ohio projected
lines with his partners in the syndicate,
discussed with them the plans for an
extensive system OF tracks in Ohio,
connecting with tho Wheeling lines.
He was still in the Wheeling company
when in October, 1892, that company
made q contract with the Wheeling &
Belmont Bridge Company for a new
bridge over the back river, the railway
to pay fixed rental or toll, increasing
every five years for twenty years. This
was to give q loop connection with
Bridgeport.
About tho last OF that year Mr.. Leyda
sold out at q good figure to Messrs.
Champion and Kimball, and the next
thing the Wheeling company knows,
no and ]. X. jolly appear as applicants
for the franchise the Wheeling com.
pany holds already, and for others on
the Ohio side which that company had
contemplated using when Mr. LeydN
was in it. Mr.. LOydn, OF course sold TO
Messrs. Kimball and Champion a share
in the Sweeney franchise on tho Ohio
side.
It is claimed in tho papers fled in
the Smith suit, and by tho Wheeling
company's attorneys, that tho grant to
tho teyda and Jolly syndicate il illegal
and void for many reasons.
One OF these is thnt the ordinance as
first presented was much modified and
amended before its passage, vet no
record was kept Of tho amendments.
Another is that tho state law requires
that before any grant OF tho character
is made tho written consent OF ma.
jority Of tho property holders on tho
street must be had Thig was not done
on ut least two streets. Another pro.
vision OF tho law Is that before tho
grant IL made other parties must have
q chance TO make an ollcr ns TO rates OF
fare, etc and the Lowest bidder" shall
receive tho franchise. Not only was
this not done, but the consent Of
property holders Is given with pro.
viso that II shall not DO valid as TO any
party but LOyda & Co, This inyalidatcs
- II entirely
But tho main and vital objection Is
that much Of the right Of why had al.
ready been granted toJohn NJ. Sweeney
& Company and by him accepted, aud
hu and his assigns, tho Wheeling com.
pany, had done everything required OF
them TO make this grant contract.
This was recognized by tho council,
which repealed, or passed what pur.
ported 10 repeal, tho contract with
Sweeney. Tho call for tho meeting at
which this repeal wns attempted was
issued after 5;3O =, IN, m the oven.
Ing the meeting was hSId, and for mai.
uie Is unique Tho call rccItos that tho
meeting Is "ior the purpose Of repeal.
Ing tho ordnance" Tho same ailcr.
noon Clerk Williams. Of bridgeport ~.
fused to allow Mr. EHkino to copy the