The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1895-11-20

Some Interesting correspondents has
passed between the city board Of public
works and the Wheeling Railway Cont
pany, When the city decided 10 pave
the west side OF Market street from
Twentieth to rwonty-aeCond. it was
with the understanding that the street
railway company would have to lower
It's track and pave between the rails
Tho company, however, took different
view OF II. 1t sent 10 the board Of pub
lie works Il lengthy communication,
pointing out that the track at the point
named was built new In 1899 on The
street grade, and the space between tie
rails paved by the company with the
material prescribed The track is to "A
certain extent private property, and
under the provision OF the Blll OF
Rights that private property shall not
be taken or damaged for public use
without just compensation" the COM
pany holds that fits tracks are entitled
TO the same protection as any private
property, The courts have decided
that this pToviao extends 10 damages
by change Of grade of streets.
The COmpanyShlso calls attention to
tho provision that the city may 90 upon
or under the track 10 mukc lawful i'm
prOVcments, but the expense OF such
improvements 10 TO be borne by the
city. The officials express q dOu
whether this proHso gives the city tn"
right 10 change the grade of street
at viii, II Is provided In the contract
with the Citizens road that the city
shall not Cause needless delay. The
communication gays:
THAT the burden Of making the
change In the track without unneCes-
nary interruption 20 the business Of
the company and without unnecessary
Injury Ia tho track, IS upon the city
cannot br doubted The track can.
By the exercise of reasonable skin ana
care. be lowered and solidly rebuilt,
but not without some damage to the
company'g business. To do the work
ncEligcntly would cause permanent in
jury,
we desire to act In Il spirit OF fair
moss In this matter II ls desirable, In
order TO avoid friction and dissaH5inc-
ton. and possibly litigation. that the
responsibility Of changing the track
and the portion Of the street under It
10 the new level or grade, should bc as
Sumed by TINS company
The work. II Is said, viii cost from
5000 to $1,000. The company, however,
offers TO do this n the city viii pave
the space between the rails.
Attention tx called TO the large
amount Of paving done by IN" COM
rany on North Huron street, whore II
Is claimed IL was not legally Obliged TO-
and while such paving has been GUS
tomary the company expressly states
that It does not COncedc the Clty's right
to demand IT, II has failed as n partial
onset to the excessive amount Of paw
Ing on Huron street to pave Jacob
street on the South Side. from Thirty
sixth to Thlrty-nNth.
In response 10 this, the board OF pub
lie works yesterday sent n communica-
ton accepting the Offer as to Market
street, but ordering the company to
pave the Jacob street portion Of the
track within thirty days, This Cen
eral Manager Wright snid last night the
company would not do, md rs but one
side OF the street has been paved by
the city, 1t Is doubtful II II can be- com
PEELED TO. This Is the view Of leading
city officials.