Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1894-04-04
THE FIGHT is ON.
THE WHEELING AND BELMONT BRIDGE
COMPANY
Gives Notice Of an Injunction TO the Ferry Com
pany-1hs Application to be Made TO
Judge PAUL.

AS was foreshadowed in yesterdays
REGISTER, counsel OF the Wheeling AID
Belmont Bridge Company yesterday
took the initial step in injunction pro-
ceedlngs against the Island Ferry and
Packet Company.
Yesterday morning Messrs. Clarke and
Russell, counsel for the Bridge Com
pany, served upon the Wheeling Island
Ferry aud Packet Company the follow
ing notice:
"Wheeling Island Fe17U and Packet Company;
"You will take notice, that on Saturday,
the seventh day of April, 1894. at III g. NJ
or as soon thereafter as the matter can De
heard, the Wheeling and Belmont Bridge
Company will make motion before the
Hon. Jos. Il. PAUL, one Of the Judges OF
the Circuit Court Of Ohio County, W.
Va, at his chambers in the city OF NneeI-
ing, in the said county, for writ OF IN
junction enjoining and restraining you,
YOUR agents and servants, from establish
ing or operating ferry from Wheeling
Island to the main or eastern shore or
bank of the Ohio river, in the
said city OF Wheeling, and particu-
larly from using for ferry landings
the shores or beach of the said
Island on the eastern side Of the said
Island, within the following limits, that Is
to say. from point on the eastern side OF
the said Island about thirty-one and one
half rods, or 5l97 feet north Of the centre
of the west abutment of the said Wheel
ing and Belmont Bridge Company's sus-
pension bridge, as now located, to point
about thirty-one and one-half rods, or
5l975 feet south Of the centre OF the SAID
abutment, both measurements being along
the said eastern shore or bank Of the said
Isling.
"THF WHEELING AND BELMONT BRIDGE Co.
by H. Nj. Russell and a. j. Clarke, its
attorneys.
"Wheclng, april 8, 1894.
II will be seen that this notice sets mp
the claim OF ferry franchise extending
$40 feet inches each way from the
center of the Island abutment Of the
suspension bridge, which would carry
the right. on the south side of the sus-
pension bridge, TO a point within fifty
feet of the south line Of the Mcclure
Park, and If the proposed Injunction
holds good, on that right alone, it would
be necessary for the Ferry Company 20
buy the south lot of the McLure Park,
grade q new street TO the river and
there operate its ferry. The Wheeling
and Belmont Bridge Company obtained
the right to acquire this ferry franchise
bv act of March TO- 1886, from the
Legislature OF Virginia, but it was
stated yesterday that the claim OF such
a right was not set up by the Wheeling
and Belmont Bridge Company in the
litigation with the Wheeling Bridge
Company, and that when the latter
company instituted its condemnation
proceedings, it only condemned a strip
of ground on the north side Of OHIO
street, belonging TO the Belmont Bridge
COMPANY. This was held TO show that
the Belmont Company then held to no
right OF any sort south Of the north line
of Ohio street.
The method ty which the city &C
ouired title to so much Of Ohio street as
lies east Of the present South Front
street viii figure in the litigation about
10 be started, and whether the transfer
of the street TO the city carried with il
anything Of the ferry right now claimed
oy the Belmont Company. just when
the city acquired the street, or whether
by deed of purchase or dedication,
could not be ascertained yesterday. a
plat OF the C. l.. Zane addition, filed in
1866, shows Ohio street open TO the
river, and it is so shown on map OF
the city in 1850, while, on the other
hand, map of 1871 shows the street
extends no further east than South
Front street.
The matter is going to open up some
old and pretty questions, and long
legal fight is TO be looked for.
The ferry seems to be carrying from
4, 500 TO 5000 people per day. A count
made on Monday, from 10 o'clock a. II.
10 ) D. 100. resulted as follows: