Martinsburg journal. [volume] (Martinsburg, W. Va.) 1920-1977, 1921-04-20
CLASSIFIED ADVERTISEMENTS BRING YOU QUICK RETURNS
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NOTICE
CUMBERLAND VALLEY AND MAR
TiNS5URG RAILROAD CO.
NOTICE

and
PENNSYLVANIA RAILROAD CO.
hereby gives notice that on the Sth
day OF April. 1921, it filed with the
Interstate Commerce Commission
at Washington. its application for
certificate of public convenience
and necessity 10 lease line OF
railroad In the states OF West Viz
ginia an Virginia.
Pursuant 10 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.
&inia Hereinafter. for hrevity DIES.
ignated as the LESSOR, ana The
Pennsylvania Railroad Company. a
corporation organized and existing
under the laws of the State of
Pennsylvania Hereinafter. for hrev.
ity designated as the LesSee) the
full names and postoffice addresses
Of said Companies. their respective
presidents, secretaries and counsel
being set forth at the end hereof
and respectfully represent to the
mission:
The said Lessor, for and in eoHsid.
GRAFTON Of the rents, covenants and
agreements mentioned. reserved aud
contained in a certain proposed
agreement OF lease to be fully and
faithfully paid, kept and performed
by the said Lessee, desires 10 grant,
demise and lease unto the said
Lessee. for the term of nine hun.
dred and ninety-nine (999 years
from and including the first day of
July, 1920 the railroad owned and
operated by the Lessor extending
from Powell's Bend. on the line be.
tween the States of Maryland and
West Virginia. to Winchester, in
the State OF Virginia, having q mil.
cage OF thirty-three and seventy.
three hundredth (33.73) miles, to-
gether with all property and facil.
tiles connected Herewith.
And the Lessee desires to take
aud accept said lease upon the
terms, agreements and covenants
therein set forth.
A copy of the proposed lease is
hereto attached marked Exhibit
4" and made a 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 nas no bonded in.
debtadnass and the current asse s
will be more than sufficient to sat
isfy carrent liabilities.
The dire ctors and stockholders OF
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
Cham bersburg. Pennsylvania, on
July 3, 1920, and July 10, 1920. re.
spectiyely. 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.
ly, 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 un-
der which they are severally incor-
porated and in and through which
thew are authorized 10 do business
\ OUR petitioners are authorized 20
enter into this proposed lease by an
Act OF Pennsylvania approved Feb
ruary II. 1870; Code OF Virginia
Annotated (919) Section 1857 (e)
as amended by an Act approved
March 16, 1920; and Section So,
Chapter 81 Of the eode Of West Vir-
gna, as amended by an Act passed
February II, 1919
WHEREFORE. said Cumberland
Valley and Martinsburg Railroad
Company and The Pennsylvania
Railroad Company severally pray
that the Commission. after hearing.
NAV issue an order authorizing and
approving said proposed lease IN
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.
tf'NEFRLAND VALLEY A."
MARTINSDURG RAILROAD co.
b! VI. c. KENNEDY,
President.
Attest; " T. RITCTIEY.
Secretar,.
PENNSYLVANIA RAILROAD CO.
By: 4. J COUNTY,
Vice President.
tttest: LEWIS NELSON.
Secretary.
NcKENNEY & FLANNFRY.
Counsel for Petitioners