The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-12-20

Wheeling and the Monongahela river
would be interested. Just q little later
tho plan was changed to build the ROAD
10 the Monongahela river. others m
terested and myself decided to organize
for the purpose of getting a charter and
making survey at once. We organ
lied at first under the name OF the ran
handle Exploration company, desiring
not 10 reveal too much or our pans. \
little later. following our general plans,
we organized the Wheeling. ONO q
Eastern railroad.
"There we're some delays in getting
our certificates of incorporation and u
was March Is when we took up with
McCamic {. Clark the matter OF getting
a charter"
Mr., Scott was then shown. minutes
OF the several meetings held by the In
corporators. identified them as contain
Ing accurate accounts OF tne -o pro &c tba
minutes, which were testified to dur
Ing by Secretary swartz in relating
the organization and making or the
Wheeling. Ohio EastG ,na rai air 1bot Of
June Is. held for the purpose OF lncor-
porating the company.
Tells Of Opposition.
Mr.. Scott then testified OF the oppo,
sition which developed on the part OF
the Wheeling Coal railroad and stated
that Mr.. S,wartz was lnS slfeia TO u 20
iii the Wheeling. Ohio & Eastern could
make certain OF it's titles.
With this testimony Mr.. McCamlc
read into the records statements snow
ing the ling S OF maps rpro on i Rl0 the Of
Aces of the clerks In Marshall and Ohio
counties on June ii and in the office OF
the secretary of state. day iatGr; inc
fling Of similar maps emo nn1,o pr0I bS the
Wheeling Ing Ohio & Eastern on October
and with the secretary OF state me
Following day. and the filing OF the
power, Of attorney .10 Otom rhe Thee'N's'
With this in evidence the petitioner
Hearing Is On To-day.
Owing to the fact that the petitio1ers
had expected to consume the entire uhS;
Tho defense witnesses were not presen!
last evening and Judge Hervey ADJOURNED
the hearing until $3.50 this morning nj,
ter Senator Sommeryille mad reao lhlo
the record five exhibits.
The exhibits include certified copies
Of the certificate Of incorporation or the
Elm Grove and State Line railroad.
copy Of the secFGtnrH Or ths so WhseIi ro
Harrisburg road with the Elm Grove
and State Line road; and a certltieo
copy Of the certificate Of lnGorpaaFati9n
Sommerville stated that to-day he would
also offer n certified copy, Of the deed
Of the property of the deed OF the
nronertV to the Wheeling Terminal Rail.
road, by Nelson G. hubbard special
master.
Tho contention of the Wheeling, Ohio
and Eastern railroad that the move or
The Wheeling. Ohio and Eastern. Is best
EXPRESSED In the opening address OF At
torney Charles McCamic. who rs counSei
for tho petitioner is leading tho fight
N
Scnntor Sommerville and Attorney
James r. Miller, Of Moundsville. INC
statement cites alleged waivers or the
statute which the petitioner claims 10
be incxcusable errors.
In outlining the suit to the court. At
torney McCanlic said: The WheellnR.
Ohio and Eastern railroad proposes 70
county, in order to construct STANDARD
Gauge railroad from Wheeling to point
in Pennsylvania. The tract tnvolyGd IN
this controversy is the John moore
farm, the court having sustained de-
murrers 10 description Of other tracts
and amended petitions are to be filed rs
to these. ,61. .,o Dow,
handle Exploration company started the
development OF II railroad. Almost I'M,
mcdiately the Wheeling Coal railroad
jumped into the territory and secured n
rhnrtcr which antcdatc$ that or Inc
Wheeling. Ohio and Eastern, three or
four DAYS The Wheeling. Ohio and
Jsnstcrn charter was secured May g and
that Of the Wheeling Coal railroad May
Acting under section 26 Of charter 81
on Junc l the incurporators OF the
wheeling, Ohio and Eastern selected the
route for the proposed railroad Jano
rnrte and on the same day the directors
adopted II also.
Errors 1nexcusable.
ION June Is the Wheeling coal rail-
road attempted 10 make Il location. we
contend that this action had no effect
under the law. since The incorpnrators
Tid not comply with the law. They fail
,.L 70 advertise their Intention to incor-
nnralc and Othcrwi*" failed to comply
with the law" Mr.. Mrtamic held that
under section 10 which covers WAIVERS
Nv rornnralionS the Wheeling Coal lin"
rIn not he excused for It's errors.