The Daily spy. [volume] (Worcester [Mass.]) 1845-1850, 1849-11-29
PENALTIES FOR OBSfRUCrINu RAIL.
ROADS AS HIGHWAYS

""u "isPoas U, iOr thelr dement,, the property OF
the company, /. Guiding the land upon which the
road is located, the rails, superslructure, &c.
This matter has been alluded TO in connection
with The late troubles upon the Norfolk County
ram DAD, the Reading railroad, and some other
railroad enterprises.
The Portsmouth and Roanoke railroad, 10 Viz.
ginla, having become unable to meet their liabil.
ites, the creditors instituted legal proceedings
aganstlt, the road was seized, advertised at pub
IIc vendue, and was sold at sheriff's sale to Mr.
Frances +. Rives, creditor, for mere nominal
sum. Mr. Rlves, after the. sale, proceeded to
take up and dispose OF some portion Of the ails,
and suit was brought against him Tor so doing. the
result OF which was that he was tried, convicted
and punished by fine, for obstructins the high
way, although the ownership was conceded
The whole case turned upon the point, whether
the railroad is public highway or no and If it
is the party obstructing it is indIctable and pun.
lshable, whether the company who built it, or
the purchaser who bought If. Judge Pearson,
before whom the case was tried, decided that the
railroad is highway and said
"The right If the LIE gislature to condemn pri.
vate property Tor the purposes OF the road, as the
land over which it runs, the wood, stone, gravel,
and earth, required for its construction aud re-
pair, can only be derived IRON the fact that the
roads Tor the pubic benefit, and is to be used as
public highway. To consider the road as mere
private property, is 10 suppose the Legislature
has taken The property of certain citizens without
their consent, aid vested that property in certain
other citizens for their individual benefit; where
as to consider it as public highway with GER
tain incidental private interests, FULLY sustans the
authority OF the Legislature to make the condem.
nation.''
The court decided that no title passed to Riyes,
In his purchase at sheritf's sale because the SUI
Perstructure was not subject to execution sale
he company may sell the materials before they
are lain down, but soon as they become part
OF the road, the public right attaches, and Meth
er the company nor purchaser can tear up or
remove that part OF public highway. In reply
to objections that a company having incurred
debts, cannot by principles of law, hold property
which creditors cannot reach, Judge Pearson
says:
"lhe company, at the time OF its creation,
agreed to perform certain services to the public;
after Its creation, it incurred liabilities to ind-
viduals-as both cannot be discharged, the right
OF the public must be preferred, because il is first
IN time and first in Importance, and because the
individuals who gave credit did so with Iull
knowledge that the company had this public du-
~ to perform, and one claiming under creditor
has no rig to complain, because he is not per.
mtted to do that which would prevent the per-
tormance OF this public duty - RailsOay Times.
to have read story of youth, who, hesitatng
in his choice between two young ladies', by both
OF whom he was beloved, was brought to de els.
ION by means OF rose. 1t happened one day, as
all the three were wandering in a garden, that
one of the girls, in her haste to pluck new
blown rose, wounded her finger with thorn il
bled freely; and applying the petals of white
rose to the wound, she said, smiling II am sec.
ond Venus; have dyed the white rose red -
AT that moment, they heard scream; and fear
| ing the other young lady who loitered behind,
had met with an accident-hastened back to as
| sist her, The far ones scream had been called
forth by no worse accident than had befallen
her companion. She had angrily thrown away
the offending flower, and made so pertinacious
and irettul lamehtation over her wounded finger,
thatthe youth, after little reflection, resolved
on speedy union with the least handsome but
more amiable of the two young fri snds. Happy
would it be Tor many kind -hearted woman, did
she know by what seeming trifles the affection
OF those whom she loves may be confirmed or
allenated fOrever.-.dtbaay Kincker6Ocker.
FOREIGN ITEMS. Professor Kollenati, of
Berlin, has propounded a theory that men shed
the skins as animals do their coats, and that like
them they assume thicker or thinner cover
ingaccording to the climate In which they reside.
One OF the officers on board H. M. S. Enterprise
lust returned from the unsuccessful expedition in
search OF Sir John Franklin, says, in letter 10
friend-"We were without the sun for eighty
days, and had the temperature eighty degrees be.
low freezing. by Fshrenheit.
1t is raid that Gov eminent has intimated to the
Governor of Canada that no coercive measures
be will adopted TO prevent annexation to the
United States, if .the popular will be decidedly
expressed in favor OF that me assure.
Lola Monies is the subject OF many paragraph
in the Barcelona papers. She goes to the pistol
gallery every day, and astonishes the officers OF
the garrison with the precision OF her fire.
ENJoYMENrs. The following paragraph is
taken from Paulding's new novel, "The Puritan
and his Daughters capital work
"Those epjoyments which neither injure our.
selves, interfere with the happines Of others, or
violate the laws and decorum of society, are iD |
fact themselves most effectual barriers against
the indulgence of those criminal propeesities
which at one and the same time undermine our |
own happiness and destroy that OF others. Give |
to mankind innocent amusements, and they will |
be far less likely to seek for guilty pleasures But
it will generally be found that those who whet
their aPpetites by vigorously absaining Fl ON one
enjoying are the most voracious in the grati6 |
cation OF others; and he who rails most loudly at |
the ninety mine innocent pleasures OF life most
commonly selects the hundredth as an exception. |
and converts it into vice by excessive lndul-
gence."