The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-12-21
WHEELING COAL ROAD ROUTE
DIFFERS FROM FIRST ADOPTED
ORIGINAL. SURV ACCEPTED
FROM MAP OF OLD WHEELING
AND HARRISBURG LINE
Sharp Contest In Hearing Yesterday
Over Alteration from S4-Year-
Old Holding.


A variation Of something like eigh-
teen hundred feet in the Wheeling
Coal railroad location on the John a.
Moore farm in Webster district,
Marshall county, first adopted by the
directors of that road and the route
as later laid out upon which to build
the road, and which is one Of the
points Of serious interference with the
rights-of-way of the Wheeling, Ohio &
Eastern railroad. was. an interesting
topic Of contention yesterday in the
hearing of the suit Of the Wheeling.
Ohio 4 Eastern road against the
Wheeling Coal railroad for title to
rights-of-way that will permit the con-
struction Of the Wheeling, Ohio &
Eastern from Wheeling to the Monon-
gehela river over a route leading
through Ohio and Marshall counties
in this state.
This Is one Of the points where the
Wheeling, Ohio 6 Eastern road. IN ITS
suit before Judge H., G. Hervey holds
that the Wheeling Coal railroad, COM
posed, it is alleged, of Pennsylvania
railroad employees backed by the
Pennsy to block the road Of Wheeling
business men, purposely. changed its
location for the chief purpose OF IN
ferfering with the rights-of-way OF the
Wheeling, Ohio 8; Eastern.
The rivalry between Charles Nc
Camic, attorney for the Wheeling,
Ohio & Eastern. on one side, and J.
B. Sommerville and James T. Miller,
attorneys conducting the salt for the
Wheeling Coal railroad. on the other.
became very keen yesterday afternoon
the wheeling Coal railroad in defend
ing their roads claims to the rights
of-way purchased by the wheeling
Coal road.
Testifying for. the defense, Arthur
L. Morgan, superintendent Of the
Wheeling Terminal railroad, q sub
sidiary OF the Pennsy, who is also an
incorporation of the Wheeling Coal
road, testified that the route first hied
by the Wheeling. Coal road was copieo
for the old Wheeling 6 Harrisburg
railroad company. which by series
OF transfers introduced in evidence,
came to be acquired by the wheeling
Terminal.
This route, according to the test1-
mony of both Mr. Morgan and c. w.
Bates, secretary of the Wheeling Coal
railroad. was adopted by the Wheeilng
Coal railroad on May is. 1915, ana tne
survey 10 ma the OlQ IOGlc oio AiNe
start until a day or two later; sur
Yey to relocate the old base line, MT.
Morgan termed it.
Certain changes were found TO De
desira bic Mr.. Morgan testified, and
the changes shown on the maps or, me
final survey indicate the accomplish
ment CT the changes desired by the
wheeling Coal road. Mr.. Morgan IN
trcduced, among other evidence, stare
ments and certified copies Of deeds
showing the acquisition by the Wheel.
ing Coal railroad Of 81 lineal miles OF
right OF way in West irglnia and 1.oo
lfneal miles in Pennsylvania.
Why Change Was Made.
Questioned by Senator Sommer7lile
as to a reason for the change In. the
location Of the road on the Moore rarm'
in Marshall county, Mr.. Morgan testi-
fed that the Wheeling & Harrisburg
route, first adopted by the Wheeling
Coal railroad. contemplated a tunnel
through hill and that 1t was found
advisable. owing TO difference IN
cost. 10 construct the road around the
Hill next to Wheeling creek instead
Of tunneling the hill.
At the conclusion OF Mr.. Morgan
direct testimony Attorney Charles Nc
Camic led MIN through more than an