Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-05-11


done at such time as they may please to direct:
Provided. however, that at the lower termination
IF the pass, through Miltar's Narrows, above
at both termlnations OF the pass ny
the Upper Point of Rocks. and at the upper ,er','
nation of the pass by the Lower PGintoi kocKs'me
Baltimore and OHIO Rail Road Company may,
they please, in fixing the elevation OF these
mr. termioi unite an engineer OF their own aP-
uun,mept, with the engineer OF the Cana' Co'a.
nany. charged by the same to make tue 'oca"o"
thereof. 80 az TO adjust those points 10 'he ''.
mediate Rail Road, according to the terms OF i've
I'D act NJ the General Assembly OF Maryia"u'
md tbe Canal Company may, in like manner;
mite their engineer with the engineer oi 'pe ~"
Rail Road Company, in fixing the intermeu'a:1
locat,on of the Rail Road, according 10 '"e s"'o
terms. ,..d sfore
said. for the four miles and one.ten!n' oe'o'e ue"
toned, and IN satisfaction OF all injuries na' may
he done the canal in the construction OF ,'e sa'u
road. and as indemnity for any injuries that may
ho lone the navigation thereof, during the con
struction Of the said road, payments OF the S2oo'
600 shall be made monthly by the said R"''roa"
Company, in the following proportions VIZ one
twelfth part thereof on the 1st day OF June next,
and one.twefth part ON the first day OF each OF
the following months, until the graduation sh"i'
he competed; but if the same BE- completed ear
jier than the twelve months, allowed therefor, the
residue unpaid, at the time OF such complexion,
shall be paid on the first day Of the month next
ensuing the same. Dill,
The massage to the Harper's Ferry Bridge
across the canal, from the raiIroad. shall be oy
niyot. or draw bridge, the expense OF attending
which shall be equally divided between the Two
Companies; and the elevation OF which' ABOVE
a.
the bottom of the canal. shall remain as al pre-
sent adjusted, at the three feet above the or'age
across the Potomac, unless 1t be, hereai'er' ',e
pleasure Of the Railroad Company 10 e'e'a'e
still higher. And the curves oil the roaa' az IN.
entrance of the dee or pass OF the Point OF ROCKS
and At the crossing at the said point or draw
br;dpe. being not provided for BY the act OF the
General Assembly of Maryland, shall be adJus
ed TO the residue Of the road, as conveniently as
can be done, in the graduation OF the Railroad o'
the Canal Company.
All expenses 10 be incurred, NJ conuemn'hS'
or purchasing ground. or materials. tor the ioea-
ton and graduation Of the railroad. throug 'he
four and ODe.tenth miles aforesaid, shall be, as
at all other places, where the land required Is
not now, the property of the Canal Company at
the proper cost of the Railroad Company; and
where the said road shall occupy ground, now
the property of the Canal Company, the katiroao
c omnany shall obtain. and convey to the lanai
Company. an equivalent breadth OF ground along
the northern side Of the Railroad, Tor the future
supply OF materials to the canal.
1t is, already, herein provided. that the por'
ton of the Railroad, at Harper's Ferry Narrows'
shall be thirty feet 10 width, for the common use
of the Harper's Ferry aud Frederick lernPiRe'
and the Railroad Companies. The Canal Com
PAW will allow the use, by the Railroad Compa
nv, of any authority which they possess 10 %
tain permission from the Turnpike Company, 10
the Railroad Company. to lay the'r rams u, Tue
part of the said road common to oc'h' Tue Ca'''
Company being bound by their articles OF agree
ment. ONLY Tor the graduation Of the SAID road
from the Harper's Ferry bridge down TO the
Doint at which the SAID turnpike viii diVerge
from the railroad, to ascend the hill above Mil
lars Narrows; and the Railroad Company shall,
also, adjust the surface of that bridge to the eie-
walton Of the pivot bridge across the Canal, at
their own cost.
The Railroad Company agrees not to continue
the Railroad further up the valley Of the Potomac
than Harper's Ferry, until the Chesapeake and
Ohio Canal shall be completed as far as Cumber-
land, provided that the canal be completed there
to, within the term allowed by the charter OF the
said Canal Company.
The period of twelve months, from the date oil
the acceptance Of these articles OF compromise
shall be allowed the Canal Company. to complete
the graduation of the four miles and one.tenth OF
railroad before described; but the President and
Directors of the Canal Company shall urge the
contractors, who may undertake the same, 10
proceed with diligence, and to complete the gra'
duation in the shortest time practicable, consist
emily with the health Of the country.
In case Of any possible difference of oP'nioa'
or disagreement, between the two companies, In
relation to the construction of these articles OF
compromise, such difference, or disagreement,
shall be settled in the mode provided BY the act
aforesaid, for the settlement Of the construction
thereof, by the same parties.
This Report of the President and Directors
was, after debate, referred to a Commtte con-
sisting Of Richard S. Coke, john Mason, Ar
chibald Lee, Thomson F Mason, and Henry
Hunt; and the General Meeting was adjourned
TO the 9th instant.
Yesterday, accordingly, the General Meeting
re.assembled. MIR. Coke, under the instructions
Of the Committee, reported against concurrence
in the proposed arrangement, at the same time