The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-10-26
Seven CIRCUIT JUDGES ARE HEARING EVIDENCE
IN THE B. & 0. APPEAL CASES HERE TO-DAY

IS The hearing Of the appeal cases oi
tEle Baltimore and Ohio Railroad Com
pany VS.. the Board Of Public Works oi
West Virginia, was continued today
There we're seven judges sitting In
court today. The evidence was given
before Judge Reynolds, 3. B. Faulli
iier, g. w. Lynch. John H. Holt, J. G
McWhorter, M. H. Willis and John w
Mason.
The same kind Of paper was offer
ed In evidence this morning that was
offered in evidence yesterday and that
caused a lively tilt. A lively tilt fol
lowed this morning between Attorney
Mollohan on one side and Commits
sioner Dillon and Attorney McComas
On the other side. The parties were
eontending for the same points that
were brought out yesterday. The court
held that the document was proper
evidence and 1t was admitted.
The inquiry started on the physical
value OF the main line of the Balti.
more and Ohio road. The examina,
Z ton for the plaintiff was conducted By
Attorney Mollohan and for the defend,
ant by Commissioner Dillon.
Samuel D. Brady, who was hired by
Vice President Bond, Of the Baltimore
and Ohio Railroad Company to make
an examination and report the physi.
cal value Of the roads Of that company
in West Virginia, was again examined.
He stated that he examined the main
line, the sidings, the ties, the build.
lings and other things of the B. and o.
lines In this State. He examined the
composition and construction of the
road His report fixed the values as
operating roads.
The witness on cross examination
= was inclined to argue the questions Of
Commissioner Dillon and ;.i
swer the questions in the usual ralr-
ner Of al witness. The wines pInced
the value OF $109 an acre for right OF
way. He placed the value $4,000 per
mile on the road in Preston county.
S2277 900 on a mile Of road II Marion
county and $25,000 per mile in Jeffer.
son county. These estimates covered
Sthe cost of completion OF the road
s ready for operation.
The Baltimore and Ohio Railroad
Company returned their property In
Jefferson county at SSC0O per mile.
The witness was asked II this was
not too low. The witness evaded the
question. The-witneSs was very much
Inclined to argue with counsel. He
said that his estimate was very much
more thorough than is usual with en-
eineers. but Commissioner Dillon
showed that 1t was hardly worth his
while to go over the road for such a
nleager accumulation of facts as he
gathered passing over the lines.
The examination of the main line
being completed. the ParkersDurg
Branch Railroad company was taken
up. The counsel for the plaintiff Of.
sfersd In evidence the charter of the
Parkersburg Branch Railroad Cont.
pany also a decree of the United States
Court in the Northern district Of West
Virginia in which the Parkersburs
Branch Railroad Company was defend.
3 ant. The documents offered were al.
mitted.
"a s. D. Brady was examined. He ex.
amined the road as he passed over the
road. A, M. Amber conducted the cx.
animation for the plaintiff and Attor.
sney McComas for the defendant.
The West Virginia and Pittsbnrs
Railroad Company was then taken up.
Counsel Mollohan offered in evidence
Secretary Swisher's letter to the
County Courts.
The same witness was examined
and told the same story about his ex-
animation.