Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-04-22

eighth street, and could lay another
track from Tenth street to the Top
Mill. and connect 1t up, and call II
switch. There must be some regula-
ton of this matter. The Company
could not lay down a switch where u
arbitrarily pleased, and of any length 1t
pleased. He held that q switch was not
necessary at Forty-third street, because
the engineers had shown that all ousi-
ness could be transacted without any
switch at all. II the tracks were laid
down as indicated on the map oy the
City Engineer cars could freely pass each
other at Forty third street, and all the
business Of the Company could be trans
acted, without Inconvenience TO the
travelling public. The real secret was
that the Company started out TO lay
double track all the way down jacob
street, south Of Forty-third, or else they
would never have laid down 3O2 feet OF
track to enable one car to pass another.
That was the secret.
"The Company took up its old track
and laid down another, and Judge Jacob
saws the Board OF Public Works gave
them the authority. President smith,
OF the Board, says, by his affidavit In
evidence here, the Board never gave
such authority. 1t will not do for Judge
Jacob to call the east line his main line
and to say that the city broke 1t. de
had no main line there originally, but
they laid down the curve at the south
east corner of Forty-third and Jacob
street. and were allowed by the Board
n finish IL on the understanding that
the whole matter was to be submitted
TO the Council. 1t was submitted TO
The Council, and Council ordered the
Board TO have the track removed.
We admit they have the right to one
track down there, and that is in the
middle OF the street, and 1t must be laid
down under the supervision and TO the
satisfaction Of the Board OF Public
Works"
He ridiculed the proposition that the
city's course tended to destroy the
business of the Company, and denied
Judge Jacobs other intimation that the
matter had died out, and was "waked
up" by some mysterious influence. Mr..
Howard said it had always been awake
aud lively, and there was nothing mys-
terious about the action Of the citizens.
Replying to Mr.. Palmer's assertion
that the Wheeling Company's ordinance
gave the Company the right 10 lay
down tracks" Mr.. Howard said the
ordinance began at Tenth street, and
spoke of cracks" on various streets,
and was not to be taken in any sense
as meaning more than one track
on one street, andshe invited Judge Ja-
/ cob to say TO the Court II he believed
any such authority was intended to be
/ granted. In reply to this, Judge jacob
! said that perhaps strict construction
would give that right, but the Company
/ did not feel disposed to insist upon any
| thing upon which there might be a seri-
Gus doubt. II the Company was in a
tight place, it might insist upon strict
Interpretation Of the franchise in that
regard.
Mr.. Howard said the real question
was the right Of the city, in its police
lowers, to compel the removal Of the
/ double track. In view Of all the facts
in the case, the injury to property own
ers, and the obstruction TO the free use
of the streets, that the power was In
the city. The Injury was such that the
city was justified in insisting that the
two tracks be taken up and one track
laid down in the middle OF the street.
II that right existed, should the
city excise it, or must 1t go to
| Court? Judge Jacob has said
that the Company didn't measure
force with the city. No; and the city
didn't measure the strength Of its police
/ force with the Company's force Of men.
! The Company sent gang OF men there
| to work at night, tending TO excite the
/ community. Was that not tending TO
create disorder and lawlesSness, and
did not the city police, seeing the Com
pany virtually relaying its tracks with
out authority, refuse to interfere? That
certainly was forbearance on the part Of
| the city"
Mr.. Howard admitted, in contin uing
his argument, that there was nothing
/ in the ordinance requiring the company
| to lay its track in the middle of the
streets, but there was provision that
when a track is taken up or changed,
il must be under the general supervis-
ion and under the control Of the Board
of Public Works, In this case there
was no authority, except that Of the
Board to put in the curve at
Forty-third street, under the con-
dltions set forth above, OF submitting
the matter 10 Council.
In opposition to this, Judge Jacob
submitted the order OF the Board of
Public Works January ?, 1892, in which
it was stated that the order OF Deem
Der II, 1892, stopping the work Of lay
ing down the tracks was rescinded, and
permission is hereby granted said Com
! pany to connect their tracks on Forty
| third street with Jacob and Wood"
Mr.. Howard pointed out that there
was no desire to prohibit the Company
from going down Jacob street, in the
middle of the street, and said that if,
last week, the city had told the Com
pany it would stand half the expense,
the Company would have done what the
city required. and further than that the
Company would do it to-day II those
terms were held out. He asked that
the Injunction be dissolved.