Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1894-04-08
WHY THEY OBJECT.
TIE BILL FILED By TIE ". & B. BRIDGE
COMPANY,
In tho Injunction Proceedings Against the Ferry
Ccmpany-Ths Matter Postponed Untl
2 P. n. Tuesday.

Ten o'clock Yesterday morning was tn
time set by Judge Paul for hearing argu-
ments, etc, upon the application for an in
junction, prayed for by the Wheeling and
Belmont Bridge Company against the
Wheeling Ferry and Packet Company, re-
straining the last named corporation from
operating ferry between the city and the
Island. just south Of the bridge OF the
Wheeling Bridge Company.
The Wheeling & Belmont Bridge Com
pany was represented by Messrs. A. J,
Clarke ana II. II. Russell while Messrs,
w, II. Hearne ana J. Is. Sommerville ap-
peared for the Ferry Company. MIR.
Clarke, addressing the Court, made snort
statement covering the main reasons Tor
asking the Injunction and then read the Dill
OF particulars Iiled by counsel Tor the
Bridge Company. This bill IS very long
and its reading took up goo0 deal OF tlme'
The bill commences by setting forth that
In lS47 the Wheeling and Belmont Bridge
Company determined 10 construct orldge
from the west end Of Madison, now Tenth,
street 10 a point on the east snore OF
Wheeling Island, directly opposite, ana
that in that wear they proceeded TO build,
and did build and have since and stin
maintain a bridge for the trausporta-
ton Of vehicles and passengers, and that
the Company was authorized by an
Act OF the Legislature OF Virginia
10 construct and MAINTAIN TINS
bridge, and 10 charge and collect toll. It's
reciLed that the said bridge has been main
tanned ia good order and condition, ana va
rious other preliminarles are duly set forth,
after which the oil states that the tolls
collected have been very large in amount
and very valuable during ali that PERIOD,
until the doing of the acts OF the defend
herein complained OF, and would still have
continued 10 be very valuable but for the
said acts" etc. The bill then proceeds:
"Your orator shows that for nearly nall
a century before the construction Of the
bridge there was ferry operated near the
point where your orators bridge IS located,
as aforesaid, that is TO say; From point
at or near the end OF Eleventh street, In
the said city of Wheeling, which is next
south of Tenth street, aforesaid, 10 point
on the eastern shore or bank Of the said
Island, about 500 below or south of the
centre of the west abutment OF your ora
tors said suspension bridge, as the same
was contemplated on and before Septem-
Der 70, lS41, and as the same was
built and is now
located.
Your orator further shows that on or
before the goth of September lS41, the en-
tire fee simple estate in that part Of the
said Island and its eastern shore or bank
which extends from the centre line of said
bridge down the said river in sOutherly
for more than 600 feet, and ex-
q rfv
Front street a distance Of 300 or
more feet; was in ID. e. List, trustee,
and ID. Zane. The like title OF similar
tract of the same or larger dimensions,
lying north OF the centre line of the said
abGtment was at the same time in Henry
Moore; so that the fee simple estate in al
the land granted by the deed next here
after mentioned, aud also the fee simple
estate in all the land, shore and beach,
with reference TO which rights were grant
ed by the said deed, was either in the said
ID. G. List, trustee, and d. Zane, or IN the
sad Henry Moore, trustee.
"Your orator further shows that the
said d. Z. List trustee, d. Zane and the
said Henry Moore, trustee, were, as your
orator is informed and believes, the owners
in common Of the said ferry, which had
been operated as aforesaid, from the foot
Of Eleventh street to said Island. Your
orator shows that when it contemplated
building the said suspension bridge, 1t was
of great importance TO your orator, IN or
der that the tolls which IL expected TO
derive from the said bridge might not be
diverted from the bridge by the said
ferry, or any other ferry, that your
orator should acquire ownership of the
said ferry, which had been operated as
and that your orator should also
acquire such an ownership on the shore or
banks Of the said Island, for considerable
distance north and south of the said bridge
as would enable your orator to prevent the
establishment or operation OF a ferry with
in such limits, or would enable your ora
tor. il il should be deemed advisable 10
operate a ferry 10 control and operate
such ferry ITSELF
The bill then goes on 70 recite that on
-, le41. Daniel Zane, u. <.
List. trustee, and Henry Moore, trustee
executed a deed for the land desert bed and
all ferry rights, including the right 20 use
the shores and beach OF said Island for
ferry landings, but not for wharyes or
otner purposes, "from point opposite the
large elm, about thirty and one-nalf rods
above the centre line OF the bridge, to a
point thirty-one and One-half rods below
said centre line"
J.
Your orator shows that, as IL is adj
vised, there was conveyed 10 il by the said
deed as appurteuaut 10 the land which was
10 it as aforesaid. an easement or
inc rporeal hercditament in the land ex-
tending along the shore or beach OF said
Island for distance OF thirty and half
rods above and thirty-one and half rods
below the centre of said bridge, vesting In
your orator the exclusive right 10 use such
shore and beach for ferry landings, and
YOUR orator AYERS that IL has since been
and now is the owner of said easement and
heredItament, constituting, as
il is advised. an estate in the said land,
shores and beach for the purpose afore-
said, and that the said easement aad hered-
Itment has been and continues and remains,
and would, but for the acts of the defend
ant herein mentioned, still remain valua-
ole appurtenant Of your orators bridge,
and OF the land granted 70 IL by the said
deed as aforesaid
The bill then goes on to describe the Island
as q populous portion of the city, contain
ing abaut 5000 population and that the
arising 10 petitioners from said
portion Of the city are large, etc, and then
taking up the point Of the ownership OF
Ohio street, saws that the street IS wholly
within the estate or easement ABOVE re
ferred 10, The street was established IN