Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-04-04
IN Interesting OPINION
RENDERED. ny PROSECUTING At
T0RNEY NESRITT CONCERN
ING THE NATIONAL ROAD.
THE COLLECTION OF TOLLS
Appears to be Compulsory Under
the Act of the Assembly Of Vfr-
ginin, Accepting the Road From
the General GoyerAment-Inter-
esting Facts Concerning Legisla-
ton for the ROad.

Prosecuting Attorney Frank W.
Nesbitt yesterday filed with the Clerk
Of the Board of County Commission
ers a lengthy opinion upon the ques-
tion of whether the Board is prohio-
tied under the recent amendment to
the toll laws of the State, from col
lecting tolls on the National, or Cum
berland road. The paper is very IL
teresting, inasmuch as it throws light
upon many facts in connection with
the legislation for the road, which
was in the early days the great ma
tional highway between the east and
the west.
MI. Nesbitt finds that the laying
out of the Cumberland road was au-
thorized by an act of Congress in 1906.
and 100000 was appropriated for the
purpose. During the ensuing twen-y-
seven years appropriations were nlade
from time to time for The lepairs OF
the road east of the Ohio river, an.l
for its extension west of that stream.
In 1882 the General Assembly -
Virginia passed an act providing fo-
the maintenance of so much OF tie
road as was in that Staie whenever
surrendered by the government Of the
United States. The act provided. how
evr, that the rates Of toll shall con-
tinue, to provide a sum necessary for
the maintenance of the rad, This act
of the Virginia Assembly was accepted
by Congress in the following year.
when Congress made an appropriation
Of SIZE, 900 for improving the road
east of the river. In 1884 100000 was
appropriated by Congress for the ell
tire completion of the road east of the
Ohio. Apparently this SUM was not
sufficient for the purpose, and in 1895
Congress made a further appropriation
of $34S, 1Ss.5S.
Mr.. Nesbitt was unable to End any
further acts of Congress on The sub
ject of the Cumberland road, and sug-
gests that an investigation at Nask-
ington would be necessary for that
purpose. He is informed that the
plats and surveys, together with ikc
articles of surrender to Virginia and
other documents, were destroyed in
the burning of Richmond at the close
of the war.
The General Assembly of Virginia
passed IN act in 1886 defining the
duties Of the Board of Public Works
relating to the Cumberland road, which
was in force when West Virginia was
admitted as a State.
In 1882 the Legislature Of West Vir-
ginia defined the duties If the Board
of Public Works with reference to the
road, and re-affirmed the action of
Cngress regarding its width, etc. In
1890 the Legislature passed an act pro-
viding for the transfer of the care Of
the road from the State Board of Pub
JIG Works to the Board OF Commission
ers of Ohio county. The power to col
lect tolls was conveyed and provision
made for repairs, etc, oat of the rev.
enues of the road. Just before the
passage of this act, however, in 1889,
the Legislature passed. a joint reso-
luton requesting Congress to appro-
pirate $50, 900 to repair the Cumber-
land road in Ohio county, The preamble
to the resolution declaring. that the
road belongs to the United States, and
is only held in trust by the State Of
West Virginia"
The care and control OF the road
then passed to the Ohio county COM
~missioners, and in 1891 the Legislature
authorized the commissioners to issue
SIS, 900 worth of bonds for the purpose
OF repairing the road, such bonds to
be redeemed from the proceeds of the