The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1911-04-04
Files Brief Monday With v. s. su.
Preme Court, Asking for Early
Day for the Case.
RAILROAD SEEKS DELAY
TO INCREASE PRoFITo
Contention OF State, and Insists That
Facts Are Misrepresented
to the Court.

Special Dispatch 20 the Intelitrencer
CHARLESTON. w. Va, April a.
Attorney General William C. ConIev
to-day filed with the United States Su--
preme Court brief asking that court
TO advance the case OF the Chesapeake
Ohio Railway Company vs. William
G. Conley, Attorney General OF the
state OF West Virginia, ct al, for an
early hearing. The Attorney General
has been trying repeatedly to get the
case advanced on the docket so that
the two-cent passenger rate matter
could be settled in this State. while
the railroad company has been oppos-
ing IL being advanced on the docket.
Inc case Involves the constitution
aIity OF the two-cent passenger rate.
Inc law was held to be constitutional
Dy the supreme Court of Appeals OK
west virginia, and after the railway
company failed TO get an appeal, the
State court granted a writ of error 10
the highest court in the land.
Attacks Railroad.
In the brief filed by the Chesapeake
4 Ohio Railway Company Statements
we're made that have not pleased the
Attorney General, and in his brief file.I
to-day he uses some very plain lam
guage as to the purpose of the rail-
road company opposing an early hear
ing, and calls them on some OF tEelr
statements, and also asks the Unftad
states Supreme Court to accept the
challenge the railway company's at
torneys make. The brief makes Dref-
" interesting reading matter.
Inc contention of the Attorney Cen
eral has been that the railroad com
pany only asked for a writ of error for
the purpose OF delay so that they
could derive more revenue from its
violation of the law. General Conjev
says. relative TO this:
1t Is Of the highest Importance To
our whole system OF free government
that great corporation like the plain
TIN In error shall not, under the forms
OF law and the protection OF the
courts, be allowed to profit by its own
wrong and be allowed to delay IitiRa-
ton II has instituted in its own behalf.
IN order that II may put money IL has
unlawfully exacted from the public
into It's treasury"
Refutes Rsilrosd Statements.
Referring to some of the statements
made by the railway company I'm fts
Drlef' which the Attorney General
says must have been written by some
one not familiar with the facts in the
case, he asks the court not to accent
such statements as facts, and refers
them TO the record. One Of the state
ihents made by the railway company
In us brief is the following:
Inc railway company then OBJ
Isined an appeal to the Supreme Court
OF the state OF West Virginia, and on
the 11th day of July, 1910. the S,,-
preme Court Of the United states r.
FUSED an appeal and affirmed the de-
cision OF the lower court"
Replying to this, General Conlev
says:
1T will be perceived from the rec
ord in this cause that the supreme
Court OF Appeals of the State OF West
virginia refused to grant q writ Of
error or an appeal to the railway com.
pany' and that the railway company
oid not obtain such appeal 10 that
court No application was made bv
Ihe railway company 20 the Supreme
court OF the United States for an an
peal, Dut the writ Of error was granted
Dy the State court 10 this court IL
thls court had refused an appeal and
alhrmed the decision OF the lower
court, this cause would not now ba
IN this court We call the courts a.
tention 70 this error that you may NOT
be misled thereby. No final order
was entered by any OF the State courfs
In this cause which was afterwarda
set aside OF modified, as contended bv
counsel for plaintiff IN error"
Deny Seeking Delay.
Another statement that the attornev-
ftnefhl takes exceptions 20 ls tie 30
l.wthg. ~ which t1c railway cornuanv
tttempts 90 prove that % ls not drhf-
l-h lor uelay although filing a hriof
elposlng the appeal ~ the attornev-
Ae lrfai Tor an early hearing.
glance at tho record N this cana.
WI show that 90 is not evident fbaf
li. VIII or error was taken for dafnv
ynl1. Inc defendants in error uormff-
lfl ne matter o. stand fn the Circuit
court of kauawhu county on q final d.
cree awarding o. Injunction for Over
Aear. without any motion being made
OF plans entered
lhie statement is misleading ara
ienne % deceive tho court The hear
,nE ~ ttts cause iu tho circuit court of
haNaWNa county was DELAYED by verbal
. cement ~ r0uIroi awaiting = nuaI
oeCiaion IN the Coal a coke raaa
Then there follows lcnefhy Discus
i.n n me Coal q Coke case and fns
Inal de. ision iu that case. which A.
ciafrd The two-cent fare case constffu-
fCnuffnunH - rrfrsf -.