Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1893-06-18
NEW cONPAAFl
INTERESTING DECISION RENDERED BY JUDGE
briggs YESTERDAY
In The Case Of Charles S. Smith, Z! AL, vs. the
New Stree! Car Company-Efset
Of the Decision.

The long-looked for decision OF Judge
briggs, in the street railway cases
across the river, was given yesterday.
The result is victory for the new
CONF any, as it places their franchise
beyond question.
The case was that Of Chas. D. Smith,
of Bridgeport, and others, against the
new street car company, testing the
legality of the new company's fran
chlse. The case was argued two
weeks ago, and great interest was
manifested In the Judges decision.
Bridgeport citizens are greatly In favor
of the new company and Its proposed
street car line, and when the word came
that the new company had been sue
cessful, they were greatly elated. 1t
took Judge briggs nearly two hours to
deliver his decision In the case.
In the hearing the plaintiffs brought
fully twelve points against the new
Company. Each OF these points were
gained against the new Company, ex-
cept point raised by the plantiH re-
lating to the defendants not having
secured the consent of property owners
along Sixth street. This street is above
the new steel bridge, about one hundred
and ifty feet long, and the consent OF
property owners there was not asked,
as the new Company did not have 1t Tor
the use of their tracks. The judge de-
clared in his rendering OF this point,
that the new Company's franchise was
null and void only as far as Sixth
street alone is concerned. AT
the trial of the case, the new
Company conceded the point that they
had not got the franchise or property
owners on Sixth street, as they did not
need the thoroughfare. 1t Is claimed
by the Company that they have a more
preferable route, but it Is stated by per-
sons who ought to know that they can
condemn private property running
parallel with Sixth street il the new
Company wants TO take the route. The
three strongest points made against the
new Company were: l. That they had
not advertised properly, so as to give
others a chance to secure equal rights.
2. A change of the franchise in Htna-
vile. In this place the new Company
changed the lay of their road from First
TO Third street. This move OF the
Company was sanctioned by Bridgeport
Council, and the third point was that
the proper consent of property owners
along the line had not been secured.
Each one Of these points was gained
by the new Company.
These decisions, so eagerly looked for,
were probably the most important ever
argued in the State of Ohio, as the legal
battle was great one, prominent attor-
neys being interested, and there being
over $500, 900 involved. The number Of
points developed was another feature,
as points came up for discussion, which
were never known before TO be ad-
vanced in the statement Of street rail-
way cases. The Judges rendering
of the decisions was said, by those
who know TO have been I'm
partially given, and every point
weighed in a fine manner. The plain
tiffs attorneys were: Lawyers, War
rington, of CincInnati; Erskine aud
Allison, both of Wheeling; Duncan,
of Martins Ferry, and Danford, OF st.
ClairsVile. The new company had at
torneys Col. Sauderson, OF Youngstown,
Kennon, of ST. Clarsvile, and Heinlein
and Alexander, of Bridgeport.
1t is reliably stated that II Mr.
Jolly and his street car line gets TO
Wheeling, the road will traverse por-
ton of the city not now occupied in
rapid transit. The superstition is that
a portion Of the new route will be East
Wheeling. The committee appointed
by the Chamber of Commerce with
reference to the new company is still
theoretically at work, and will be able
to report to the Chamber soon.
Meanwhile the new company is show
ing great activity in the laying Of their
tracks across the river. Though one
hundred men were thrown off work, by
reason OF supply of rails being used,
few days ago, large shipment Of rails
are on the way, and will be on hand
early this week, when an additional
force will be put on to make up lost
time Hallock Bros. are making re-
markable progress on the company's
new power house. Already the walls
are being built.
The company will begin the extension
of their tracks out to the Wheeling
creek mines very soon. Already the
tracks are laid out the National pike to
whiting one mile Of the mines.