Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-04-22
THB RAILVAYCASE
TEE ARGUMENTS CONCLUDED BEFORE JUDGE
PAUL., YESTERDAY.
A Condensation Of The Remarks By Judge Jacob
and Mr. Howard-Ths Decision Of
he Court Reserved.

The arguments Of counsel In the
street railway injunction matter con-
sumed the best part Of yesterday in
Judge Paulrs Court.
Judge Jacob began his argument
about eleven o'clock ia the morning,
and spoke. with the usual noon inter
ruption, until about half past three
o'clock. His argument was a very
strong one, delivered with great delib-
Grafton aud earnestneSs. The larger
portion OF the morning hour was taken
M with a consideration OF the PROPOSE
tion that the vested right Of the Com
pany. given IL IN the ordinance grant
HnR the franchise, could not or ought
NJ be interfered with, giving eogent
sons for that stand and belief.
the afternoon he addressed himself
particularly to the claims Of the
and OF citizens as TO obstruction
damages. Among other things, he
that In cases where the incOnveni-
o is slight on the one side, and very
Gus loss is inevitable on the other,
Courts have, time after time, leaned
be latter side, even giving that side
benefit of doubts. The inconveni-
10 this case amounts TO an inter
ion to wagons and other vehicles at
s-''you may call It danger, any
2 you DieaSe-make IL as strong as
can. 90 the other side is the abso-
breaking up and irreparable injury
bis Railway Company by Interrupt
its business. Mr.. Howard has said
lefty Of Wheeling Is good for dam
to the Company. Is THAI any
ker? Can there be adequate dam
Tor an irreparable loss? The Court
heals has, time after time, held
ca loss must be prevented, and in
Sc il would mean the utter
ton OF the business OF the
~, not only by interrupting its
5, but by cutting of access TO
npany's barn, which cost thous-
nd thousands Of dollars, and TO
ON which all cars must so every
said no matter how it is about
bin line, you have no right to the
The bill says there was a
at Forty-sixth street, and it was
ND TO Forty-third street. The
swer TO that Is that it isn't a switch,
tut an extension OF main line. What
weight is 10 be given 10 such an an
swer as that? What is meant
BY switch in railroad par
lance? When the B. & o. has a line
alongside a 'Pewiky' track, and wants
10 make a connection between the two,
what is that connecting line called? l
thought we all knew what switch
was. Sometimes it is called turnout,
sometimes a siding, and sometimes a
switch, but they are all similar. To
make this case turn upon whether this
Is a switch or not is, must say, very
insignificant sort or defense for them to
make"
Judge Jacob read from number Of
authorities to show that reasonable dis
erection should be allowed to the Com
pany, and that owners Of adjoining
property would not be entitled TO dam
ages unless they had suffered especial
loss.
I'm this case the Company exercised
this reasonable discretion. 1t had a
switch ut FOrty-sixth street, and it took
up as much space there as at Forty
third street. The street at Forty-slxth
street is no narrower or no wider then
II is at Forty-third street. IL took up
precisely the same amount OF space. Is
there any reason why Your Honor
would protect the peple Of Forty-third
street any quicker than at Forty-sixth
street? Why, there used to be switch
on Market street, In front Of the Nc
Lure House, In the busiest part OF the
city, and there was no complaint. Is
there such a congestion of travel at
Forty-third street? Is there any espec-
ial reason why a switch should not be
put In at Forty-third street, when il
might be put at any other point in the
city Of Wheeling? There is 20 restric-
tion on the Company making switch
at any other point on its line, and why
IhereS
THE Railroad Company has right,
by an ordinance, to lay track between
the north side OF Forty-Second street
and the south side of Forty-third street.
When you get TO the south side OF
Forty-third street, you are on jacob
street. IL is not disputed by the city
that we have the right TO connect the
lines there, and the whole thing Is thus
whitfield down, according TO their own
showing, TO the point whether we have
q right 10 make connection at the
south side OF FOrty-third street, or $50
feet south Of that point, although 1t has
somehow gotten into the heads Of the
gentlemen on the other side that while
FDk - r,nnlrn ararffRh
twenty feet long or thirty feet long,
but have no right to make II ESQ feet
long. The city admits the right OF con-
nection in its answer, but they insist
il ought to be at Forty-third street,
and that 1t is inconvenient to the
public 20 have ii moved $50 feet south.
That is what this clatter is all about.
We want to deal in the utmost
good faith with the Council Of the City
Of Wheeling, and with the Board Of
Public Works; but we have some rights
which We want protected. The Board
Of Public Works has violently torn up
our track and broken our connection.
1t has taken the law into its own
hands. We didn't send a gang OF
men TO Forty-third street, to measure
force with force, and stir up possible
strife az that locality, but we did what
all peaceably disposed persons ought 70
dove appealed to your Honor for pro-
lection, and have summoned these de-
fendents into Court. We have shown a
disposition to comply with the wishes
OF Council and our manager would go
TO one person, and he had no authority,
and 70 another ADD he had no authority.
What was this Company to DO? The city
says we don't deny your right TO a con-
nection, and say they don't want to in
teriere with us, but they do it, and tear
up our tracks, and then come into Court
and admit it, but they say they don't