Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1844-12-12
negtslattne Correspondence.
RIcHMoND, December Z, 1914.
To the Editor ofthe Gazette:

the isst week, wnlcn sPpeno, WIN iufnish you
readers with information of such business of th
week, for the most part, as would interest them.
The extension of the Baltimore and Ohio Raj
Road through North Western Virginia, promise
TO occupy much of the time and attention of th,
Legislature. To the extension no reasonable oh
lection, 10 my judgment, exists. The faith of tn.
State and It's general interests, alike, imperatvel,
demand that the right Of way should be granted ts
the Company. The subject is upon which
there has been some discussion in the County o
Berkeley--not, however, upon the proprety, SO fal
as | am informed, Of granting the Company ihi,
pfiyilege-but upon collateral point, viz: its sys.
TEN Of rates. Upon that matter shall, hereafter
present such views, as, upon careful examination
Of the whole subject (Which, yet, have not had
a suitable opportunity of making may entertain
As connected with the propriety of any action upon
that point, in the time, subjon ihs follow
ing extracts from the Memorial of the Company:
"That the said Company originally incorpo
rated by an act Of the Legislature of the State oil
Maryland, passed on the 28tb of February, 1927
by which the President and Directors were in
vested with all the rights and powers necessary to
the construction and repair Of rail road from the
~ =. Da,t''o'e ~ so"'o eutooie po''s On 'ne
Sr, '''' " oe y '"ein "ee
"a. soosequsn ~ 10 TUG passing VI 'ne sa'a aC'
,e',ue' anu Dn'eeto,s 1PP''e" " ehe Les's'',
- =. .n1 so u w s''oh Vi
'Ao 'a~' anu iof 'ne gran. % '''nia pow
allowed them to terminate the road such point
on the Ohio river, they might determine.
The Legislature of the State Of Virginia, by an
e.' Pa''eu ~" T''' VI VOLTS anu
1s'.e' ."o D.u' 'anu a~' s'sn,eu 70 .ne sa'u
SouP."S .uu same ''s"'' '"' P''T"eSeS WITHIN tne
% 80 '",'u " 'ne'' ".'i''p
" w" s'"o auu't'o"o,
po'i'op' VI 'ne 'ooa, 'eguiSt,ohs oi
'"s'nia' ana WIN 'ne ekcepioh 'hat the ssiu ROAD
a s"o' not e,'M ''e O"'o ~ Po'". ,'"e' ',iau
'ne NOUN % 'ie LUIS ha"na"a % sa'o fl'e,.
10 'he ioiiowing year, the Legislature OF the state
., renhssVania' by an act passed IN February
io<o' PfoSeeaing upon the ground That the rosie
pest ncspteh Tor SAID road would pass through
large portion OF that State, also Incot Forated the
said Company; upon the express condition, howev-
en- that IN case the rail road 50 authorised. should
not terminate at the Ohio river in the vicinity OF
fhtsburg, the Company should construct lateral
ran road simultaneously on the same principles and
plans OF the main rail road so as to connect the CT
ty OF fittsburg with the said main rail road
- - "D''NN~t ''1'' '''S 'N""' " '"N9S "Sh'1 as
well as from cotemporaneous history that from the
earliest period IT was regarded as almost certain,
that the main line would terminate on the Ohio
river within the State OF Virginia; and that Penn
sylvania, foreseng that result, aimed, by means OF
lateral road, to secure counterPoI'eior her own
beneht. IL Is believed to be equally apparent that
the State OF Virginia, fully acquescihg in the I'M
rortance OF the work. aud not less desiring the ter
mination within her own territory, sought only 10
conhne 1t within such limits as would be most sd-
vantageous to her own citizens. 10 he. own Wis
dom this question was exclusively referred; the
fate of the work awaited the decision, and must
have been prosecuted or abandoned, as 1t might
render advisable.
at was therefore not unreasonsby inferred that
when that great commonwealth placed her whole
border upon the Ohio river, above the mouth OF the
Little kenhawa, at the option OF the Company, she
had thereby finally established the settled policy
and disposition by which she would be subsequently,
guided towards the undertaking, snd that within
these limits, the prosecution OF the work would De
literally encouraged, and the capital expended IN
its progress, REASONABLY protected
Your memorialists further represent that the
Mary act, already referred TO- required mat Inc
road should be commenced III Two years from the
passage OF the act, and be finished within that state
in ten years from the time OF the commencement
and that, by the recital OF the act In WORDS
and ngutes ID that Vi sna, t'o Pio'isioh aione
the others was therein Incorporated.
your memoIialists, therefore, venture 10 nam
tain that by the general recital oil us words tht
provisions OF the maryland law were adopted II
the sense ana Tor the purpose oh'y ih'ehoeu oy .'
state oil Maryland IN originating Tue grant, una
| the purpose OF Maryland oeing 10 construct RAJ
road between the Atlantc market ana the oh''
river, terminating WITHIN her own 'e''ito'y ana 10
that purpose not only 10 contribute her own
but TO invite Una. Oh otheis " e"'o'S " 'o ui',ei
taking II could nave oeeh 80 Par' VI he' 'e"''oi
to regard few years IN point Oh 'ahe as essentia
to the grant or 10 reserve 'he means Oh aeiest'ns
the enterprise atose,ne,' upon tue siounus Oh al
accidental or unaVo'da''e ueiay' ouGn hm'ta,io'
IN the usage oi al oia.es 70 ~ oe 'a'he' LOT
NAL than o'heiwse; inien'eu W ausanoe' NOT u
ue'ea' tiie u"u '" " &C. .Io W.
gence IN the aoeo,nP''Snnout u .''e no' u
take aoSa"'"se VI 'D' e'Ds.''': ~ w, ~
Jury perhaps 'he rum u i''"ooe"t Pa't'e'' anu na
never IN any instance VI 'N'' u anf o'uo' Sou"t'y
been ehio'eeu ss''"s' 'ne ., 'J"uuo' a."
expectations OF tue Pa'''e' '"'e'e'''u Ia "o o'ie
sense ana iot No o'nei pun P'So' 'ou'u muse WIZ
originally pr"Jec,eu anu e,noa,Nee :" an -
intended tor puo'c, as wen as 'o' ',,uiV'u1a oe"e
and losing none OF us 'o'n Tue iaPse
un'e' NJ" a., w.. - ~, VII. IT,.
ct the Maryland char'e' 'hto Tue Virginia ia"'
| Accordingly, a'thoug" 'ne "eoe's'y o'eateu .
the fehnsyNa"ia ia" VI q" eNP'
and rival ROAD 10 the cry vi '''sou's' ~nereoy IA
cost OF the WORK wou'u DO enhaoe', anu Tue ,i'A
point oil time 'hcteaseu' Se'' oon''"s ~
| execution Oh pohoS anu Pu'P1se 81 '"oS II,
Rounceds the ~oik was promptly coU"ehoeu, anu