The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-12-22
BRIEFS
NEXT MOVE IN
RAILROAD SUIT
FINAL TESTIMONY SUBMITTED
IN CONTEST FOR RIGHT OF
WAY YESTERDAY.
Wheeling, Ohio & Eastern Confident
Claims Against Wheeling Coal
Road Established.

The taking of testimony in the Sult
! of the Wheeling, Ohio & Eastern Rail-
road against the Wheeling Coal Rail-
i road, to secure a right Of way particu-
/ larly through the John A. Moore farm,
| in Webster district, Marshall county,
one Of the important points In the
! Wheeling, Ohio 4 Eastern route
through Marshall county, was conclud-
ed before Judge H. C. Hervey. in the
! Circuit Court here, about the middle OF
! the afternoon yesterday
At brief conference following the
conclusion Of the testimony 1t was
agreed that Attorney Charles Mccain
| ic representing the Wheeling. Ohio. &
| Eastern, shall submit briefs to Judge
Hervey on January g. to be followed
on January 13 by the submission or
briefs by Attorneys J. B. Sommerville
and James T. Miller for the Wheeling
Coal road.
The taking of testimony in the suit
was finished with the submission, by
counsel for the Wheeling, Ohio & East
ern of rebuttal evidence by W. M: ia
cobus, chief engineer for the Wheel
ing, Ohio & Eastern, and the testimo-
ny of Engineer v, c. Fawcett, OF Mar,
tins Ferry, to substantiate the rebuttal
testimony VI mI. JdSoouo'
Variations Pointed Out.
An interesting feature Of the rebuff
tai Testimony Yesterday was the intro
duction by Attorney McCamic through
Engineer Jacobus of comparison or
the survey of the old Wheeling l. Har-
risburg Railroad, which Superinteno-
ent Arthur Morgan, Of the wheeling
Terminal, and an incorporation OF the
Wheeling Coal road. had said were
first adopted as the route OF the Wneel-
ing Coal road. with the surveys maze
later for the Wheeling Coal road, and
which MIR. Morgan had testified, in eff
feet were substantially the same. Va
riations ranging from few feet up to
4 600 feet were pointed out by Mr.. ia
cobus in the two survey lines which
Mr.. Morgan had said were substantial
ly the same.
The defense closed yesterday morn
ing with the testimony Of Attorney j..
! B. Sommerville, from whom the peu-
TONERS counsel secured an admission
that the stockholders Of the Wheeling
Coal Railroad are stockholders only In
name, the concern being financed by
the Pennsylvania Railroad.
Think Claim Established
ii. B. Bates, a Pittsburgh real es-
tate man. preceded Mr.. Sommerville
on the stand. He told OF securing all
the rights-of-way for the Wheeling
Coal railroad and insisted that the pur-
chases on the John Moore and winner
McCreary ct al farms, which are in
controversy, are the same as the Or
iginal location.
Counsel and incorporators OF the
Wheeling, Ohio and Western appear 70
he highly confident that in the hear,
ing they have established their legaf
claims to the rights-of-way which are
in controversy.
was directed to show that the Wheel-
;nq Ohio and Eastern railroad had es-
ta6iished its location by actual survey
by June / Of this year and that the
route of the Wheeling Coal road was
not adopted until June ID, and then
only from a plat Of the old survey 1or
tha Wheeling and Harrisburg road.
made in 1882. They also submitted
! evidence that the Wheeling. Ohio ana
Eastern was organized according 70
| the laws governing the organization
of railroads and that such step was
advertised for four weeks as required
by law; at the same time e., tne5 81, snT Nv.
ed tho advertisement for four weeks
ord that it never made survey. be-
fore it adopted It's center line filed Oh
The fight at law centers on the
n,e stion Of whether or not the, Wheel
ing Coal railroad can waive the four
weeks of advertisement OF It's lnten-
ton to incorporate, While tne test!,
mony Of the petitioner was submitted
t tba Pepnsy to block the Wheeling,
0 Oh and Eastern's constructions
through hasty organization OF the
Wheeling Coal road. r.J
The survey Of the old wheeling anu
usrisburg road, the petitioner. con,
ENDS tent is the route actually adopted
bV the Wheeling Coal road. the survey
~ Imne the one including the changes
made and the survey Of October a
compromise survey between the nrs'
two routes