Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1839-01-31

not obi-c, 10 legal obligation if they intend u
prove slippery, uley ought 10 be bound I would
therefore, say To- the FIRST landhoder vhose soil /,
invaded in Virginia by this Company. for the
purpose OF appropriating his land o. their u.- :
Stand nv your nghts--the Constitution of the
uai,cd States has declared, and the Constitution
OF Virginia has reiterated tho sentiment that pr,-
va'e property cannot be taken except FOR 'pub-
lie purposes |" --s.- Or
The 2ad section Of the general law governing
all railroad companies chartered IN Virginia az
ter ITS passage, ~ In these words. aud every other
railroad charter has clause substantially 10 the
same effect;
Upon the railroad The company shall have
the exclusive right Of transportation and when
a portion thereof shall be opened for usnsporia-
ton. they shall at all times furnish and keep an
good repair the necessary machines, carriages,
aud other requisites FOR the safe aud convenient
| transportation of pcrScnS and property. II shall
DE ilcr duty, al all times, upon the payment or
tender OF the lawful or customary tolls, to trans
Pof' To any conven'eni place of delivery en- the
| RAILROAD, which the owner Of the goods may IN
| dIcate, and there TO deliver all articles which
shall be delivered TO them for transportation or
offered 10 them IN proper condition TO be Trans
ported, nj some place on the road convenient, for
the reception thereof. They shall give no undue
preference IA transportation 10 the property of
one person over that 81 another, but as far as
practicable shall carry each in the order OF time
IN which Il shall he delivered or offered for Trans
portation with the tolls paid ar rendered Ii IN.
company or any of its officers or agents shall
iaii To receive, transport. deliver in due time
| any property so offered or delivered To them. or
snail fail To take up or SET down any Messenger
| or Passengers at such convenient point as hr or
they may desire. upon the payment or tender of
| Tie passage money. or shall demand and receive
more Than the lawful tolls or rate OF transpora-
'ion, they shall forfeit and pay 10 the injured
party, not less than twenty-five nor more than
| one hundred dollars, at the discretion of the
court, To b. recovered by motion, in the county
or corporation court. or superior court OF law for
Inc county or corporation IA which such prefer
| ence has been gwen, or IN which they have fail
ed 10 comply with the acquisitions OF this section:
| frorided, Ten days notice Of such motion BE-
given TO the President OF the Company; and
shall moreover be liable 10 an action ON the case
IN which full damages and double costs shall be-
! recovered PrOrided, The company shall not b.
\ required 10 pu, down or take ia passengers pro-
duce, or merchandise, except at their depots or
other regular stopping places, and except when
any railroad or stage hDe may inierSect the
! same"
II IS this right of the public TO use the roads
| 10 compel the corporate bodies To carry all the
Trade and travel rendered To thcm-which gives
Them such features of public utility, that IL is
true that the land condemned Ia construct them
~ used, IN the words OF the Constitution for
| public purposes, :" aS IN a turnpike or n canal
every citizen has right To use the road TO have
himself or his property transported il, on
condition of the purest equality and the purc>t
equity. No such feature i 10 be found IN the
charter OF the Baltimore and Ohio Rail-Road
Company Ii Is n simple foreign private corpo-
ration, authorised tn receive certain tolls for
tam services, but without any corresponding oh
iigaiion 10 perform the services when the tolls
are rendered The farmer whose farm is about
to be invaded and deranged-whosc fields, here
toiore disposed To suit his interest and his
TASTE, are about To be changed into acuie-angled-
| irianslcs, and other misshapen slIapcs-who Is
abon TO be cut OF from half hrs estate by a pass
as dangerous a. That of ThermopylG-whoSe
family, servants, and stock, to be exposed To
instant destruction ii they happen To pass tins
pass at an unpropiiious momcni-whosc DWELL
Ing, barns, fences, crops, are 20 be exposed To
constant conflagration from n moving volcano
| beiching out without intermiSSion streams of
smoke and fire; farmer whose property was
thus invaded would naturally exclaim, =. am
the alloiIal owner Of this soil--t became mine
under the protection OF that Constitution which
declares that private property shall not be taken
except for public ''purpoSes'--therc IS no prin-
ciple OF reason or Of right which Justify the
Legislature TO give you, a foregn rrivate corpo-
ration, acknowledging under your charter no OBJ
legations to the public except such as your iBIe-
rests may dictate, sly PROPERTY roR YouR usE.
w you claim 10 take my land by virtue of a
statute, hold u under higher sanction-the
Sanction Of the Constitution; # you persist, the
question bctween US must be decided by the high
est Judicial tribunal Of the nation" Such might
naturally be the language OF freeman. looking
TO the charter Of the Baltimore and OHIO Rail-
Road Company, suppoSiDg no events had trans
pired lately TO Justify such a position. But the
fact has demonstrated that The Committee. of
Congress had n saluiary monitory fear Of this
"ciose monopoly" and that the commitment,
kactR .k..I.I.
Than sincere, that the Company wonId Subserve
the great and PARAMOUNT interests OF the con-
munify, and that their patriotic views" would
SECURE safe, cheap, and SPEEDY conmunIca-
iion, was mere fancy thrown a silver veil 10
hide or soften the offensive features Of n ''cosc
monopoly" II has been whispered even ~
stage-whIspcrs---t has hOated or the currents al
public gossip for some time hack--that the Tul.
ing dcsiinics 81 the Baltimore and Ohio Rail
Road Company were not kindly disposed Ia the
transportation Of produce and heavy articles oi
trade, but rather inclined 20 decline such pur-
suits, and tn hook 20 tho travel Of the great Wes
fTom which they would gather their golden an
pies. Nay, Baltimore editor, distinguished fol
his Intelligence and discretion having visited 'of
hcial sources" informs ms few days since, IN
order 10 soften complaints and silrncc frmon.
stfaBces that II Is not "yro6fabis'' business fol
that company 10 send empty 10 take OFT the
ifadc-not the tFade--ihe foar-ay, even the
rtorH Of ihis part 81 the country. This IS m
, deed, taking the bull ~ once Nv the horns and
Il that useful animal may fairly represent th'
agricultural portion II this part 81 Virginia, W,
shall sooa see whether las patient, bot decide,
representative, will be pfosiTaici. or hes advcr
Sary tossed sal high"
J. u n question, for The baltimore and OH,
Raii.fuad Company - entertain for one moment
whether q y profitable or Improbable Tor thcn
10 take OF he Trade Of the country Tor the toll,
authorised by thrir charter Have they no
only theoretical discretion by The terms ~ iisei
charef, but 10 they avoa b., and practice IN i
4 DO They take issue with he Committee 81 Con
grcss. and deny that ne interests ~ fhe comm
, niiy are PsasA0uSrfH Are they, a ihis mo
mcnf, pruyitiag amply for the trade Of Mar and
and leaving Virginia % the results II her indni
: gent icg siationt g. u 80 The citizens II ViF
4 giuia, Vhose lands are about o. 30 invaded a.
an exirnt ~ one hundred miles. have been taagh
hi ...anaaAl. flnlr de Nnlnr ~ The I.ll-raah m