The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-08-17

division OF sentiment among the mem
bers OF the council as to the merits of
Its application and the sadyisability OF
adopting the Gnid ordinance. but 1t is
not true that the council refused to al
low my railroad or railway connec-
tlon to be made which would make q
shorter and safer. and more convenient
line for the transfer OF through pas
sengers. nor did the said council blindly
or unalterably declare that no such!
line should be constructed or connec-
tion made by. n modification or yerin-
tion of the plans proposed. IS
1T is true. however. that the council
did, on or about March 10, 1900. return
the said ordinance to the Wheeling
Railway Company as is shown by the
hibit A, of the bill. 1t Is true that this
defendant has not given up the general
plan or intention OF making a straight
and safe connection for.the convenience
and benefit OF through passengers and
Its own relief from risks and damage,
and 1t has acquired, by purchase, the
title to allyof the said Marshall street
so abandoned by the city of Benwood,
from Fourth street to Walter Duggan's
property. subject only to whatever
rights the public may have therein for
the use thereof rs street; and has
acquired title to all of the land lying
on the easterly side Of said abandoned
street from Fourth street to the said
Walter Duggan's property for a width
of at no place less than one hundred
feet:and has acquired title also to the
land adjacent thereto on the north for
n width OF fifty feet and extending
northward three hundred feet along
the east side of Marshall street, where
the said Marshall street Is open, I'M
public. By the said application made
to the council of the city Of Banwood In
March, 1900, the said abandoned por-
itlon of Marshall street was treated as
n street as though the said city were
controlling and maintaing the same for
the benefit and use Of the public.
This defendant, the Wheeling Rail-
way Company. now, however. has
changed its plans and proposes TO con-
struct a lateral branch railroad from a
suitable junction or connection with its
existing track In Marshall street, about
two hundred and fifty feet north OF
Fourth street southwark wholly over.
Its own lunds Immediately east of Mar.
shall street for the first two hundred
and fifty feet and Immediately east Of
the said abandoned portion OF Marshall
street for the remainder Of the distance
(nearly half Il mlle) to q convenient
transfer point near to. or. II 1t can ac-
Qure the land thereof. upon, lands of
Walter Duggan, where passengers may
be conveniently transferred to and
from said Moundsville, Benwood &
Wheeling Railway.
& while Ii would be desirable and con-
renient to so construct the said lateral
branch railroad rs to connect the tracks
with the main line OF the Wheeling rail-
way In Marshall street, this defendant
says that II Is not true, aa charged In
the bill. that It Is Impossible to build
the said lateral branch yailroad without
going upon and over a portion of the
said Marshall street. Tie plaintiffs
bill seems to be framed on the theory
that this defendant Intends to make
railroad connection of Its said branch
with Its main line in Marshall street,
without the consent of the authorities
of the city of Benwood In this the
plaintiff Is wholly mistaken. This de-
PENDANT docs not believe that the peo-
pie and authorities OF the city of Ben
wood are so indifferent to the safety
and SO inlmical to the welfare OF the
public as to be unwilling upon any ren-
sonable terms, to permit thu making of
such connection, This defendant has
not yet determined what terms 1t will
offer, but 1t says 1t Is absolutely untrue
that this defendant has aEy intention
OF making any connection or building
any track or extending any trolley
wire over or across the said Marshall
street at or north of Fourth street,
without the consent of the authorities
OF said city,.