Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-08-10
THE WESToN CONTROVERSY.
a. s. Holt Discusses the Rights Of Property
Owners and the Town.

z n y Holt Discusses the Rights OF properly
Owners and the Town.
To the Editor of the Register.
WESTON, w. Va. August 6.-The
persistent effort is still manifest in the
columns of the local as well as the met
ropolitan press to bolster up the bad
cause of a few street gabblers. who
seem to have been persuaded that the
commandment Thou shalt not steal"
has been overruled and forever re-
voked by at least Five decisions OF
the supreme courts of West Virginia.
An effort to have fair play by prcsen-
tation of the facts in behalf Of the
town of Weston in the local press was
suppressed, but on the other hand ev-
cry proceeding against the town
found room and favorable comment
and fulsome eulogists have been in store
for the special judges who could be
found who would disregard the decis-
ion of the supreme court in the case OF
Ralston versus The Town of Weston.
in which it was decided that no length
of time in possession of a public high
way would enable person to hold the
thoroughfares against the public. That
any obstruction Of highway was a
nuisance, that time would not legal
ize. 1t is a trite saying that lawyers
houses are built for fools heads and
tle present controversy now agitating
the minds (beg pardon, the prejudices)
of a few Of our citizens offers fair
field for a harvest.
AS a matter of fact every litigant
who has enjoined the town, to thwart
its efforts to remove distractions from
its streets and alleys, bought, as their
deeds show, with reference to the same
streets and alleys they seek to OBJ
struct and hold against the public.
Thereby acknowledge by their title
papers, that they are not holding adj
versely to the town. The town plat
shows that all lots are $50 feet in length
and with possibly two exceptions the
the one lot conveyed by M. w. Harri-
son to Charles O'Hara and two other
lots conveyed by said Harrison as COM
mission to his children. but remark
able to say in those two deeds Main
street and the alley is called for as the
boundary lines.
A tireless effort has been made by
few to induce litigation and to magnI-
fly the extent of i'll feeling here. but
despite such methods the number Of
lineal feet contested in the courts does
not amount to four per cent Of the
whole, and the success of any one or
two to establish the lines sought by
proofs in depositions would result in
shortening the lots eight out of ten
contestants more than is claimed by
the town officials, but for such incon-
sistant contentious and the dire re-
suits that might follow such a muddle
we leave the explanations for the wis
dom of the learned counsel who can
possibly reconcile the legal meandering
of taking from nine to give one client.
If this suggestion should happen to
penetrate the beelouded reason of the
litigants, they will comprehend that
the establishment of the lines now
sought in Center street would do them
indefinitely more harm than Peter
Fleshers survey, which is by all fair
minded, disinterested citizens conceded
to be based upon the most ancient and
accurate lines.
We give a partial list CT those who
have moved off the streets as follows:
Hon. 4. A, Lewis, Hon. ". l.. Dun
nington, Leonidas Saith. Hon. An
drew Edmiston, John Morrison, Esq,
1.-TWO lots, Main strea0; Joseph Cox,
Esq. Catherine Egan's heirs, Thomas
Hale, Esq; John Morrow, Esq: En-
ma Hall, James Burns.
All above citizens moved off Water
street a number of years ago. Those
who have moved recently: Hon. VIM.
E. Lively Ga number of loss, ,Irs.
Thos. A. Edwards Ga number of
loss)); Leonidas Smith, Esq. Center
street, back and front and Water
street,; Mrs. Stricken, H. H. Smith,
Mrs. Elias Fisher, C. E. Baab, Esq.
(Main street alley); Weeden S. Smith
(off Main and Court streets, both back
and 'front.'; J. H. Ware, Esq: VIM. L.