Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-10-29

There was quite little gathering of
interested parties in the chambers of
Judge PAUL, Of the Circuit Court, at
the Court House, last evening.
The occasion was the argument in
the case of the Wheeling and Citizens
Railway Companies v. the City of
Wheeling, growing out Of the work at
tempted to be done by the city, last
Saturday night and Sunday morning,
at the intersections of Twelfth and
Main and Twelfth and Market streets,
which involved the lowering of the
street railway tracks six inches at Mar
ket and Twelfth streets, and 33 inches
at Main and Twelfth streets.
AS is well known, the city COM
menced this work at midnight last
Saturday night, and was stopped, at
2: IS a. M, by the service of temper
airy injunction, granted by Judge
PAUL, at the instance of the railways
interested. Since that time the matter
has been in allegiance.
Yesterday the answer of the city
to the bill of injunction was presented
to Judge PAUL, and copy was also
given the railway people. The answer
is a typewriter document nineteen
pages in length, and may be charac-
terized as very vigorous defense on
the part of the city, which is repre-
sented by Caldwell & Caldwell in the
absence of the City Solicitor. Notice
Of motion to dismiss the bill was also
given the railways, and the latter
moved to quash this. The city also
demurred to the bill.
When the matter came up, last eve
ming, before Judge PAUL, in chambers,
the railway people asked for more
in support of their BILL and as an aid
to having this given them, submitted
the affidavit of Secretary w. A. Sher-
ley, which recited, among other things,
that the notice of the motion TO dis
miss the bill had not been served upon
President William Erskine, of the Citi-
zens' Railway Company, nor upon the
President of the Wheeling Railway
Company, whose residence is in Phila-
delphia, nor upon the attorney in fact
of the Wheeling Company, but upon
the Secretary. The railway people
also alleged insufficient time, and in
support of this showed that Mr.. Frs
kline had been absent from the city
since Monday, caused by the death of
his sister, at West Alexander, Pa, that
the notice by the city was not made
known until Wednesday night at
1926 o'clock, and that, under the cir
cumstances, there had not been oppor-
tunity, even with due diligence, to re-
ply to the papers served.
The matter was argued at consider
able length by Col. George B. Caldwell,
for the city, and Mr.. B. S. Allison, for
che railway interests, and then, by
common consent, the question was
taken UP on the demurrer by the city
to the bill, and was argued, with the
understanding that if the Court wished
additional arguments by the railway
people, an opportunity would be given
Mr.. Erskine this evening.
In the course of the discussion the
attorneys for the city were at pains to
impress the Court with the necessity
of speed, for the reason that the sea-
son was such that heavy rain might
come on at any time, resulting in
great loss and damage to property in
terests along Twelfth street, between
Market and Water, in the present
torn up condition of the street. In
fact, it began to rain while these mat
ters were being brought to the atten-
ton of the Court.
1t is possible that there will be a
decision reached in the matter at issue
by tonight, but it may be further de-
layed.