Martinsburg journal. [volume] (Martinsburg, W. Va.) 1920-1977, 1921-04-21
NOTICE
CUMBERLAND VALLEY AND MAR
TlNSBURG RAILROAD CO.
and
PENNSYLVANIA RAILROAD CO.

.
hereby gives notice mat on the Sth
day OF April, 1921. it filed with the
Interstate Commerce Commission
at Washington, its application for
Il certificate of public convenience
and necessity to lease line OF
railroad in the States OF West Vir.
ginia an Virginia.
Pursuant TO the requirements OF
the Commission. said application is
now published as follows:
TO THE HONORABLE
THE INTERSTATE COMMERCE
COMMISSION
Now comes the Cumberland Val
ley and Martinsburg Railroad Com
pany, a corporation organized and
! existing under the laws OF the
States of Virginia and West Vir.
ginia hereinafter, for brevity. des.
ignated as the Lessor). and The
Pennsylvania Railroad Company. a
corporation organized and existing
under the laws of the State OF
Pennsylvania Hereinafter, for brev.
ity, designated as the Lessee) the
full names and postofiice addresses
of said Companies. their respective
presidents. secretaries and counsel
being set forth at the end hereof
and respectfully represent to the
Commissions
The said Lessor. for and in consid-
Grafton of the rents. covenants and
agreements mentioned, reserved and
contained In a certain proposed
agreement OF lease to be fully and
faithfully paid kept and performed
by the said Lessee, desires to grant,
demise and lease unto The said
Lessee, for the term of nine hun
dred and ninety-nine t999) years
from and including the first day OF
July, 1920, the railroad owned and
operated by the Lessor extending
from Pcwell's Bend, on the line be-
tween the States of Maryland and
West Virginia, to Winchester, in
the State of Virginia, having . mil.
cage Of thirty-three and seventy
three hundredth 1919 miles. to
gether with all property and faeil.
tiles connected Herewith.
And the Lessee desires to take
and accept said lease upon the
terms, agreements and covenants
therein set forth.
A copy of the proposed lease is
hereto attached marked Exhibit
a. and made part of this peti.
ton.
All OF the issued and outstanding
capital stock of said Lessor is now
and has been for many years owned
by said Lessee.
The Company mas DO bonded in.
debtedness and the current assets
will be more than Sufficient to sat
isfy current liabilities
w
The directors and stockholders OIL
the Lessor and Lessee Companies
have authorized the proposed lease
and the making and filing OF this
application for the approval of the
Commission at meetings regularly
called for the purpose, the meetings
OF the directors and stockholders Of
the Lessor Company being held at
Chambersburg, Pennsylvania. on
July 3, 1920. and July 10, 1920. re.
spectively, and the meetings OF the
directors and stockholders OF the
Lessee Company being held at Phil.
adelphia, Pennsylvania. on June %,
1920, and March 8, 1921, respective
w. as shown by certified copies Of
the minutes Of said meetings here
to attached and marked Exhibit
b and made a part Of this petition
said recited action constituting full
compliance with the requirements
of the laws OF the several States
to which the parties to the said
proposed lease are subject in re-
spect thereto; and your petition
ers have otherwise fully complied
with all the laws of the States I'M
der which they are seyerally incor-
porated and in and through which
they are authorized 10 do business.
Your petitioners are authorized tot
enter into this proposed lease by an
Act OF Pennsylvania approved Feb
ruary II. 1870: Code OF Virginia
Annotated G919) Section 1857 (e)
as amended by an Act approved
March 16. 1920; and Section SO,
1hdpttl ~ VI Inc lOuS VI NtSI ' IL
ginis as amended by an Act passed
February II. 1919
WHEREFORE. said Cumberland
Valley and Martnsburg Railroad
Company and The Pennsylvania
Railroad Company severally pray
that the Commission, after hearing.
may issue an order authorizing and
approving said proposed lease un-
der and by virtue Of Section 5 of
the Act to Regulate Commerce as,
amended by the Transportation
Act, 1920. and other applicable sta
tutes, and that the Commission may,
grant such other and further re-
lief in the premises as may be nee
essary or proper.
Respectfully submitted
CUMBERLAND VALLEY AND
NARTINSBCRC RAILROAD co.
By: VI. c. KENNEDY.
President.
Attest: W. l. RITCHEY.
Secretary
PENNSYLVANIA RAILROAD co.
By; A, j. COUNTY,
Vice President.
Attest: LEWIS NELSON.
Secretary.