The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1893-04-19

There was a pretty busy scene on
Jacob street from Forty.third street
southwark yesterday,
In accordance with the order OF the
board OF public works, made night be-
fore last and mentioned iu the INTELLI.
GENcER yesterday, the superintendent
OF streets took force of men yesterday
morning, and going down to the locality
OF the double tracks which have caused
SO much objection, began to tear up the
track.
Six or eight men were put to work.
they first tore up the curve on Jacob
street, and then proceeded 10 tear up
the eas!erly track from the line OF For
ty-third street to the junction OF the
two tracks below, One or two rails were
also torn out Of the westerly track,
The mon worked till FIVE o'clock yester-
day afternoon, when they quit because
they had in full day.
About half past three temporary in
junction was issued by Judge PAUL., OF
the circuit court, and served on tho
mayor and the members OF the board OF
public works. They did not get word
to the men employed on the job, how.
ever until after they had quit
THE coMPANY's CLAIMS.
The petition filed by the Wheeling
Railway Company, through its counsel,
Judge ], ]. Jacob, is a very lengthy
document, and quotes from the city or
dinances provisions giving the two
companies, the Citizens and Wheeling,
tho right OF way over the various
streets. The ordinance provides that
these companies shall have the right to
lay switches wherever needed for the
operation of the lines. 1t is under this
provision that the company claims the
legal right to maintain tho double
track on Forty-third street, one OF the
two tracks being switch"
The injunction order which was is
sued on this petition read as follows:
Wheeling Railway company vs.. the
city OF Wheeling, Henry Schmubach,
Andrew NJ. Hamilton and Charles
Schmidt, who are members OF the board
Of public works Of the city Of Wheeling
in chanCery
This 18th day of April, 1893, the
Wheeling Railway company exhibited
bill OF complaint, duly sworn to, pray
ing, among other things, that the city
OF Wheeling, Henry Schmulbach, An
drew NJ. Hamilton and Charles Schmidt,
members Of the board OF public works
OF the city OF Wheeling, their servants
and agents, be enjoined and restrained
from tearing up the plaintiffs railway
tracks on Jacob street between Forty
third and Forty.fourth streets, in tho
city OF Wheeling, and from preventing
tho plaintiff from relaying and restoring
the said tracks which have been torn
up.
In consideration whereof it is ad-
judged, ordered and decreed that tho
injunction as prayed for and above
stated be granted, until the further or
der OF the court.
But this injunction shall not take
effect until the plaintiff or some one for
it shall give bond with sufficient secur-
ity in the penalty Of $500, conditioned
according to law.
Sheriff Franzhcim and Deputy Garden
went down to the scene OF war, while
Deputy Sheriff McColloch served copies
of the order OF the court on Mayor
Caldwell and tho members OF the board.
About four o'clock, while tho work of
domolishing the track was still in pro.
gress, some excitement was caused by
tho arrival OF the city police patrol
wagon with seven officers, including
Lieuts. Lukins and Terril. Two officers
were already on the spot, and two
others arrived later.