The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1919-02-10
PROSECUTOR
SPRINGS A Bic
SUPP RISE
1HPcRaEs CORPORATIONS THAI
FRANCHISES OBTAINED FROM
CITY ARE WORTHLESS ON
HoroHh PIKE.
KAMY LOCAL COMPANIES WILL
YXK1 EXPECT OF RECENT SU-
E1Ho6E CouRT DECISION,
RAYS ATTY. NIKE.
pzopxRrY owNERs OUT THE PIKE
ARE TRNPASSHG THREE
YxET ON TEE PUBLIC
HIGHWAY.

A bomb was exploded Saturday by
Prosecuting Attorney D. A. Mckee at .
conference between the corporation
heads and county commissioners when
he announced that all public service cor
porationS operating within Ohio county
must secure franchises for the use OF
the National road. even in the city.
from the county. and that very piece or
property shutting on the route OF the
pike, even through the city, Is tnfee
feet on the public highway.
Tho prosecuting attorney called the
conference in< order to, inform the cor
norations that their franchises. obtained
from the city Of Wheeling ana other
Incorporated towns OF tn ecounty. arc
worthless insofar as tho National PIKE
IL concerned. Among those IN attend
ance yero: Messrs- J. B. "htttmorc.
representing the West Virginia Traction
and Electric company: a. S. Hare anu
George Riddle, Of the Natural Gas Com
pany OF West virginia: H G. Bills. OF
the Chesapeake & Potomac Telephone
company: c. p Billings ana Charles
Nsrsh. Of the Wheeling Traction and
pan-Handte Traction companies, also
the county commissioners and prosecot-
ing attorney1-
Mr.. Mckee reviewed no court action
instituted by Cecil A Robinson against
the county court to compel that oooy 10
repsir the damage to the road on wheel
INK hill resulting from slip. He stated
that the case terminated in the supreme
court holding that the county was re-
sponsible for the maintenance OF the
National road. even that portion OF the
road within the city limits The BOARD
of commissioners have decided that
since they must care for the road, they
are also going to control it. II the law
Gives them that authority: and they
think It does. They announce their pur-
pose to control the use of the road efcn
to the extent of reservinS to them-
selves the exclusive right to issue IRAN
chises FOR its use by public service cor
porations and permits to lay gas and
water zines.
Mr.. Mckee stated that after the road
was built in 1888 congress decided thar
the national government could not own
a public highway. The road was &C
cordinEly turned over to tho state OF
Virginia, of which this state was
part at that time, and Virginia, in 1853.
turned the highway over to west Vir-
Sinia, the state board Of public works
assuming control.
In 1890 the state board entered into a
contract with Ohio county for the care
of tho road and turned tho highway
over to the county. Since then the city
Of Wheeling and other municipalities
have assumed control Of that portion
Of the old road within their BORDERS,
issuing franchises and collecting money
for saIna.
some months ago City AanAxnr q.
O. Magic and PreAident Of the Board OF
County Commissioner Charles o. Eph-
lin became involved in bitter contro-
yersy as to whether the county or city
Rhould repair the damage It was finally
decided BY the late Judge Heryey that
the. county was responsible. and that
opinion was later upheld by the SD
preme court -. -:
It is said that the act OF congress
authorizing the building Of tho .read
shows that 1t was originally so feet in
width. It Is now less than 40 feet wide
in places Main street. for example IS
40 feet wide. with two 1o-foot sidewalks.
The question hero arises: VIII those
persons occupying the extra three feet
on either side Of the road be compelled
to yacate or pay the county for same!