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

THURSDAY MORNING, JANUARY Al. 1sa9.

evils which could not be compensated 70 an en-
ightened, viunous community. property appre-
ciatipg Their ciyil rights, by the full measure of
the capital of the Company.
That Company Is about 10 pass over the Po,o-
mac and 10 plant ie standard On the soil of the
Old Dominion. BY visduet II may cross over
the Potomac, and by Atunnci Il NAV pas through
the Allegheny, bui unless II shall come under
the restraints Of Jrsr LEoaL Al sroSAsiLrrr--
unless II shall occupy the masonic level OF srerp
other incopors:cd rafi-road company in Virginia
lit shall and barrier m It's way infinitely
deeper than the Poiomac--in hnlicly higher ,han
tue Alie2hany. That foreign corpocotion
should possess powers denied TO our own corpo.
rate bodies-thai 1t should possess such powers
~ have already been enumerated and are nj
tins instant practically an exerciSe-uiIl wake up
pubic sentiment which will Measure damages
BY the full length az the scale The constitutional
difficulty Of condemning the soil OF our State TO
serve The purposes OF "A foreign private corpora
non, conies>ing no legal obligations 10 the public,
may ultimately he decided against the landhold-
er, Tor Lord Mansfield has said and adjudgrd
that "a wager on a judicial decision Is a good
wager" but II Will be prudent at least for the
company Ia have that question Quoted By The
highest tribunal 10 which ~ can pass upon IN.
very principle of Lord Mansheid's decision he
THIS rs II may, the landholdcf IN claiming his
damage will look 10 the char,er--will look to his
flexible, accommodating spirit OF the COMMON
LAw--not subject Ia judicial discreiion-but cx-
pressed IN words and IN letters a. II Is expressed
IN all the railroad charters IN Virginia. II he
have not this, he has nothing-less Than nolhins
lac has bu, the chance of a Judicial decision. and
Ire has the certainty OF that Judicial delay upon
which hope expires"
The length Of this article forbids further tres
pass at present on the columns Of the newspaper
have touched tcndcrly on a subject which Is
open 10 severe animadversion--a matter of deep
public import. Ii there are those who think
tina, foreign corporation should be- endowed
with corporate rights which are denied Ia our
own corporate bodies. or exempted from corpo-
rate obligations tn which our own are made sub
Jeci am not one of them. Ii there are those
who think that right Of way should I've er,end-
cd 10 foreign corporation over the whole width
OF the State, without expressly rcServing to the
public the right at all times to use the way either
by themselves or by the Company, I am not one
of them.
In nuiicins the Baltimore and Ohio Railroad
Company-iis charter as It Is written and Is u.
has heen IN practical operation for several
months past have taken II for GRANTED
that the Company are actin: According la what
they esteem ihcir legal rights, and It is only
against such rights, II they exist, that contend.
The injustice has not been done To the Company
OF supposing that II is wantonly Scitin. al def
ance ITS LEGAL and moral Obligations or that IL
has diverted ITS means of transportation To any
other object than their legitimate business, how
ever desirable such object might DC. Nor has
the still greater injustice been done them Of sup
posing that they ''cantr do wha, ~ their high
and Imperative duty. Camp Is but the Ian
euage of children. Cant" ~ no defence To a
legal or moral obligation. "Can1' IS a term
too puenlc for such an enterprise, or for the gc-
mus OF the age.
And IN taking leave now, take leave to say,
that We shall meet again ut Phillppi.
A CITIZEN OF VIRGINIA.