Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-01-07
AG4 I THE COMPANY.
A LONG SESSION OF TIE COUNCIL COMMIT
TEES LAST NIGHT,
Over the Street Railway Controversy at FOrty-third
Strset-ArgumenS of Counsel and Decision
Untayorable to the Company.

The Council Committees on Railroads
and Streets, Alleys and Grades met in
joint session, last evening, with repre-
sentatives of the Street Railway Com
pany and a number Of interested citi-
zens, to consider the street railway sit
uation at Jacob and Forty-third streets.
City Solicitor T. S. Riley and Judge ia
cob represented the city and the Rail-
way Company, respectively, and John
A. Howard appeared on behalf OF the
aggrieved citizens. City Engineer Hoge
was also In attendance. Mr.. Farrell
was called to the chair, and five members
Of Streets, Alleys and Grades, and four
on Railroads responded to their names.
Business was commenced by reading
petition from citizens alleging that the
Railway Company had laid double
track on Jacob street, from Forty
third street south 10 within
one hundred feet of Forty-fourth
street, without authority from
the city, alleging that such double
track was not necessary, and asking
that the tracks be removed and an
other placed in the middle OF the street.
Mr.. Howard then asked that citizens be
invited to state the effect of the double
track, and Mr.. c. NJ. Richards, the
druggist, doing business between Forty
third and Forty-fourth streets, was
called and questioned. He said there
was not room enough between the
tracks and the curb for vehicles, and
customers OF his had told him they
| would not come to his store In the
future, as they must go to place VIII ere
they could hitch their horses. No
physician had been at his place OF bust
ness since the double track was laid
down, which was very serious thing
TO him.
John Wenzel, the butcher, said he
couldn't get wagon in between the
curb and car. The distance from the
! track To the curb was not quite seven
feet. He could not load wagon and
farmers no longer stopped at his shop.
| He thought he had lost at the rate of
500 a month because OF the double
track.
Joseph Hydinger, the grocer at
Forty-second and Jacob streets, said
the track in front Of his door was but
about seven feet from the curb, and at
the corner if the curb was on the right
line the rail would be on the pavement.
The witness could no longer leave his
team in front of his store.
Mr.. Henry Brinkman, the saloon
keeper at 4313 Jacob street, said there
was not room for wagon to stand be-
| tween the nearest rail to his house and
the curb. His loss would run S25 per
week, as no one with team could long
er stop there in safety. Mr.. Brinkman
owned his saloon property, and also the
building occupied by Mr.. Richards as a
drug store. None of the witnesses were
cross-examined by the legal representa-
tives OF the Railway Company.
Manager Chilcott, OF the Company
was then called by Judge Jacob, an d
said that the track complained of was
not in realty a double track, but was
the turnout or spur which previously
was located at Forty-siXth street. At
that point the spur could not be used,
and it was moved up to Forty-third
street, where it could be Of more use to
the Company. Because OF the curve,
the spur at Forty-third street seemed
to be about fifty feet longer than when
il was at Forty-sixth street. Witness
had seen cars pass vehicles, at the mar
rowest part, without trouble, and his
own buggy had been on the side OF the
street without trouble. The witness
thought there was not only room for q
vehicle to stand beside the track, but the
| = attf MI o
TO allow person to get in and out OF
the buggy. In reply to a question by
Mr. Howard, Mr.. Chilcott said he did
not know that the Company had asked
permission of the Board of Public
Works before any work was done on
the alleged double track. Witness did
not know the width Of an ordinary
wagon from outside TO outside Of hub.
The alleged double track was not over
200 feet long, on straight line, and
about $50 feet including the curve.
This ended the testimony, and Mr..
Howard addressed the Committee, say
ing the citizens asked that the city
compel the Company to take up the two
tracks south of Forty-third street, and
in their stead put one track in the CEN
tire of the street. He insisted there
were undoubtedly two tracks on Jacob
1 street, from the south side of Forty
third street south for something over
200 feet. The further claim was made
by Mr.. Howard that the Company had
no authority from the city to lay more
than one track on Jacob street, and
that track should go in the centre OF
the street, which was but about rs feet
6 inches between curbs. Mr.. Howard
said it was true the Company had
the right TO lay switches, and
would contend for the right to lay
and maintain the double track on the
theory that one track was switch.
Mr.. Howard held that the city had
something to say about the number, To-
cality and necessity for switches, and
said if this was not so. then all the Com
pany had to do to accomplish something
which had been heretofore denied them,
was to decide that they needed switch
from the Ravine to Tenth street and
lay it down in defiance of the
city and of the people. He did
not think this theory of the Company
would stand the inspection Of the
Courts. Mr.. Howard then said there
could be no proper use for the switch