The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1917-01-27

$780,
pcritiun"r it is cuuI"ndcd that any action
taken at this meeting was invalid be-
rauS, The notice Of meeting REQUIRED hy
section 81 If chapter 81 nI code WIS not
given. Sivckhold"rs have rlghl l" liz
siSl upon the regularity Of the ha'ur"
If stockholders meetings. hut :IS the
ruti,r. is for their benefit il may in
waived 10y the stockholders ana II Is
waived when all the st"CkliuidrrS arc
present and assent 10 til" arli"n Taken
The petitioner cannot QUESTION tiG reg S
larIty If the organization cHSCtcH ny TIC
coal railroad company:
"At the meeting of May Ii the cnal
company adopted us 4 lncai lon Tor us
road plan No. S1lG made ny u. '. SOM,
mrryillc from 4 plan ri Il survey made
nv the Wheeling " larrisvill" hallway
,Lupauy about lSS". Since. Il map u
urniurrh which purpnrrs 10 be n survey
mad, hy the Wheeling n liarrlsvIiIr
r0mnany, il may br assumed thai Il INC
vas Hct,ially surveyed and laid out upon
The land aud thal> this map was lilad'
from this survey. lini there ~ nothing
in In. evidence showing that The me -
surveyed became II location OF thr w hcisI
ing Il Ilarrisvillr company bE inc
nropcr action of that COMPANY. IlGN
oyer, even If il hail been adopted u ne
came 4 location for the purposes nl lnlI
company and not for another corpora
!Sn Witch waT 5 not lair cHmpany
even though it Is organized by THrsoiiiS
wbn arc Interested in the l'rnnsylvnnhl
RaiIrond company and is allied 70 ina !
system does not step intn Inc S""cS "
tho Wheeling & llarriSvillc. ,;.,
..It may hr true that IN" Nnc"'t'
coal co. could have located Il ROAD ur,'i'
tl,n sa1ur lines as that indIFMtHd on NV
Wheeling and Harrisburg map. pu, -
,l, that il would h" necessary l" IiNh
4 c"'nr!ctr lnratiom- ,n",,r ,Ga' 's''"' w.
Il location upon the ground. .o tho
."rhcrr is Il second objection 10 tnc
1ernnd,nt's claim of priority nl i"Sa-
tom The location attempted NY !. w.
Nav Ii; WAS not definite ana Ccrl
'Th,. language of III" resolution SHOWS
,b,, In. nIrn SIG indicated only an ar-
,rnxiuatn lurat ton. For The purpose
of condemnation and "Siahiishihrnt u,
urioritv 7 dn not think there Is SUN :.
hing rs approximate lora ton. IHIr 'aT
limits the width nj rhilw"! rihht - -,
way to "a strip Of one hundred lc:t' J..
rnnnot condemn land for n right ~ wa!
wider than that: and as Il !nra''"l -
preliminary 20 condemnation 1t r;lhnn y
make Il location that Is wider IMAM ~.
feet. \ location, for the purpose ~
this suit. IS not shown ny nu,,r ~, y"
route indicating II lin" of railway up
i{iI- Wheeling creek and through the
lands Of Moore and others. , c,
"In Wil1iamSpnrl Ry. 60. vs. Ii. H. -
III IA. st. Az. thu court Said lhht. ~.
against tho land owner The cnrp',rd'';t,t ;.
can acquire Il ronuilUIlitl ~ 49,! ~
act of location which ripcnS INT" an ln-
SnIutc one upon making c"hrlrUStt' ' y, !,
As To rival companies The act OF nv
rnlnuany in adopting IL definite Ioratlnii
is enough to xiv" till. Tho act Of the
company settles The date of actual ai-
rrnpriutinn and SHOWS tn" exact l ot'it'
lion Of the lin" uf tho proposed roau:
The reason for This is That the act on
location is. at the same time. IN" ACT
OF thu appropriation. The i'rSt
location hclungs Ia that company Whl'il
defines and marks its r"ut" ;Ihd auop'S
the same for it's permanent location.
Thu Wheeling coal ""IiirIllI. hi" w.
ndnpi the line indicated OH Map ), ~:
AZ 4 meeting uf th. directors plan ~"
vas adupL",r and substituted Ter the
prior location: aud III :; later M l''''',
on p.tulrr :, I"lG plan M. H'"- WAS
adGuI,d :ts :, REVISED location.
"pcGrudani'S exhibit M. ~. together