Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-01-22

The special meeting of the Board of
Trade last night was one of the most
interesting yet held by that body. 1t
was called under a provision Of the
bylaws permitting five members to
call a meeting. The purpose was to
consider a bill providing for the con-
struction, operation and maintenance
of electric street railways; and it was
frankly stated that the prime object
to be accomplished in the enactment
of the proposed bill was to enable the
Cadiz and Wheeling railway to enter
Wheeling, under a provision in the
measure for the joint occupancy OF
streets and highways. The discussion
took wide range, and at times was
slightly tinged with acrimony. The
opponents of the bill finally succeed
ed in having it referred to commit
tee for investigation
The bill was as follows:
Virginia.
1.-The companies incorporated under
chapter fifty-four (54) of the Code for the
Incorporation of railroad companies etc.
may construct, maintain and operate cleo
e trio street railroads street railroads
urging (using) other than animal or steam
power for the transportation of passen--
gers, packages, express matter United
states mail, baggage and freight upon
the streets and alleys within municipali-
ties and upon the highways, in this State,
m GifNll
2-Street railways with single or double
tracks, side tracks or turnouts may be
constructed within or without, or partly
within or partly without any municipal
corporation, county corporation, or unin-
corporated village; and offices. depots and
other necessary buildings for such rail-
ways may also be constructed
3.-The right SO to construct or extend
such railways within the limits of a
municipal corporation can be granted only
by the local municipal authorities there
struck such railways outside or beond
the limits of any municipal corporation
can be granted only by the local county
authorities, by order. entered on their
journal; and after such grant or renewal
of any grant shall have been made
whether by general or special ordinance
or by ORDER of the county authorities,
neither the municipal authorities nor the
county authorities shall release the
grantee from any obligations or liabili-
ties imposed by the terms of said grant
or renewal of a grant during the term
for which said grant or renewal shall
have been made Provided that no au-
thorlty shall be given by such municipal
or county authorities TO occupy the track
trackWay or other structure pertaining
thereto, whether single or double of any
existing street railways, for more than
one-eighth % of tbs entire distance of
the route within the limits of the author
ity granting the same as actually con-
structed, operated and run over, of the
company or individual to whom such
grant IS made.
4.-Before any street railroad company
under grant from municipal or county
authorities, in this State. shall occupy
any portion of the trackway, track or
other structure of an existing street rail-
way, as provided for in the preceding
section, it shall agree with the company
owning or operating said existing street
railway upon reasonable compensation
for its joint occupancy with said COM
agree upon the amount of compensa ton
to be made therefor. the same shall be
ascertained and determined by commits
Sioners to be appointed by the court, as
provided in chapter fOrty-rwo (42) of the
Code, for the. appropriation of the prop
erty OF individuals. And at any time after
the appointment of said commissioners
the petitioning company shall be entitled,
without hndrance or obstruction to pro-
ceed Immediately to occupy the same
upon filing with the clerk of said court
a pond in such amount and with such
suret1es as shall be accepted by the COM
pany whose trackway, track or other
structure is to be occupied. as shall,
upon reasonable notice. be approved by
the judge of the Circuit Court condi-
uoned 10 pay the company whose prop
sity Is occupied. whatever amount may
De required by the judgment of the court
IN such proceeding and to abide by the
rule or order of court in relation to the
matter in controversy.
O.-Ihe local municipal authorities or the
local county authorities, as The case NAV
be, having the control of the street or
hlghWay proposed to be occupied by such
street railway, shall have the power to
prescribe the location and manner in
which such occupation shall be made so
as TO erect the purpose of the petitioning
company and at the same time do the
leaSt INJURY 10 the company whose prop
erty IS taken.
6.-That where the tracks of two street
railways cross each other. or in any way
connect at common grade. when both
street railways use other than animal
power for propelling their street cars the
crossings shall be made and kept in repair
owning the tracks and all such cars used
on said street railroads shall come to
full stop, not nearer than ten feet nor
farther than fifty feet from the crossing.
and shall not cross until the way is clear
and when two or more cars approach the
crossing at the same time. the car or cars
ence.
7-When necessary TO enter upon and
use private property in the construction
and operation of a street railroad. the
same power of appropriation that steam
railroad companies have.
S.-Such companies shall have power to
lease, purchase or make traffic arrange
ments with any other street railroad COM
pany. And any existing street railroad
company 0Wning or operating a street
railroad shall receive the cars. freight,
packages or passengers of any olher
street railroad on the same terms and
conditions as they carry for the general
public.
e,-Such street railroad compaies may
consolidate on the terms and conditions
applicable TO the consolidation of steam
railroad companies: Provided however
no increase of fare shall be allowed on
any street railroad route by reason of
such consolidation
O:-No incorporation. individual or in
dividuals, shall perform any work in the
construction of a street railroad until ap-
plication for leave is made to the local
authorities, and the local municipal
authorities. by ordinance. or the local
county authorities by order entered on
their journal, shall have granted permits
sion, and prescribed the terms and con-
dltions upon, and the manner in which
the road shall be constructed and oper-
ated. on the streets and alleys or the pub
lie highways which shall be used and oc-
cupied therefor
n.-No grant or renewal of any grant
for the construction or operation of any
street railroad shall be valid for a greater
period than thirty years from the date OF
such grant or renewal, but any such
grant may be renewed at its expiration
upon SUCH conditions as may be consid-
cred conducive to the public interest
12-All laws of a general nature in re-
Iatlon to railroad corporations now in
force IN this State, so far as they are not
Inconsistent with the provisions of this
chapter, in relation to such corporations.