The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1853-02-17
THE PROPOSED RAILWAY THROUGH
BROOKE AND HANCOCK.

aud about Wheeling proposed 10 resort, IN OF
der to prevent the citizens of Brooke and nan
cock from constructing railroad through siA
miles Of their own land. II will be remembered
tina, law was drafted and submitted 10
meeting in Wellsburg, the object OF which wal
TO render i, penal in any person TO construct
railroad within three miles OF the Pennsyivo
MIA line. The meeting was told that this la"
would be passed by the Legislature withou
The slightest difficulty. Here is the iaw
Il Re IL enacted by the general assembly o
VIRGINIA that the railroad company heretofore or
gsnized under and farsuart 10 the act OF the leg
ssis.nre of the State OF Chic, passed March 18th
1926. and revised March II, le45, emitted en- &C
TO incorporate the Cleveland and Pi!,shurg roiroac
company, lie hereby cOpsiitui, and declared 10 bt
arorporaticn within this State. by ihe name anC
stvle Of 1.-THE Cleveland and Pntsourg Railroad
Company" and so far as may not be Inconsistent
with this act said railroad company shsil have 81
the powers privileges and rights, and be subject
all regulations, restrictions aud proyisions which
by the laws of this State, pertain or are applicable
10 railroad .mpanies generally. or which, oy tAt
aforesaid act OF the legislature IF the State OF Ohic
haze been granted to or inposed On said ranFoac
company.
az The said railroad company shall be govern
ed and it's affairs managed and controlled accord
the provtsions of which, IN relation to the eecten
removal qualifications, powers and duties OF tas
president, directors, ofHcers and agents oil SAID
railroad company shall have the same force ana
effects as ii herein enacted, word for word
s 3 The said railroad company SHAH nave eu
thority TO construct maintain and woTk sineie VI
double track railway, subject to ihe restFiclo,ns
hereinafter contained, from the town q 49,
in the State of Ohio from any polnE on tne
river within one mile of that town, through we
counties of Hancock, Brooke and Onio. 70 uePot
20 be established By said railroad company III 'he
city Of Wheeling. ,,
"a The said Cleveland and Plttsburg FsIfoaa
company shall not construct the Talifoea hereoy
.n.brrized or any branch railroad or lateral work
in this state go to approaeh a. hby point "I'I-
IL three miles ofths western boundary OF 'ne 0'Ae
of pennsvvapia nor shall they construct their man
line or sny branch railroad or lateral WORK IN
This State leading to fr@m the State OF fennsyya
mia or uer,ni, such connection to be made
IS II the city OF Vince ing sEall subscribe not
less than fifty thousand dollars 10 this car itai STOCK
OF said C.ev Gland aud PIt;s5urg railroad company
then the provisions contained in the preceding Sec
lions shall be deemed a contract between the said
city OF Wheeling and the said Cleveland and Pitts
burg railroad Company and shall not be altered or
repealed by the general assembly without the as
sent of both parties to said contract
Sc. II any railroad or branch railroad shau DC
CONSTRUCTED or commenced, or attempted to be
constructed in the counties of Hancock. Brooke or
Ohio. without express authority for that purpose,
previously granted by the general assembly OF thl7
State, every such act Of construction or commence
ment, or attempt, shall be misdemeAnor in every
person 1ctiag or abettng therein; and every per-
son so acting or abetting shall be punished as ora
misdemeanof; and every work go uniawiuliy con-
strueted or commenced, shal be forfeited TO the
State.
81 Be il further enacted, that the railroad here
by authorized, shall be commenced within
and completed within at.er the passage OF
mis- act; otherwise, the night hereby granted to
said railroad company shall cease.
Sc. This act shsll be ia force from lis passage.
The reader will be not less struck than we
were, at the high,handed audacity which
must have dictated this bill, and the utter con
tempt evinced by its authors for the rights Of
private individuals, as well as for the bill OF
rights and the constitution. That a man
should be deprived of the rig bit to make road
en- his own land, with his own money, is an
eaormity of which We had not conceived pos
sible that any person in this free country could
dream. Ii he may not make railroad on his
own property, why may he not be deprived of
the right TO make any other kind of road p
Nay. what Improvement is it possible to con-
eeive that he might not be forbidden to make
&c be forbidden TO make railroad over his own
land, twenty odd miles off from the Richmond
and Potomac Railroad, or from the Petersburg
and Weldon Railroad, lest it may, peradven-
lure. pjure either of those roads? Shall not
q Virginia farmer, living twenty odd miles
above Alexandria, be allowed to make, on his
own land, railroad to the Potomac river, be
cause it may by possibility interfere with the
profits OF the Alexandria and Orange road p
Can more monstrous idea be conceived p
Was more monsrous proposition ever
preached
Let as examine, for a moment, the history
and character of the individual against whom,
this law was to have been leveled.
AT very early period, Holidays Cove, on
the Ohio river, was settled by gentleman
named Edgington-a bold, hardy, fearless man,
one of those pioneers who laid the foundation
of our present unrivalled prosperity. This
gentleman was captured by the Indians in one
Of their marauding excursions, and remained in
captivity ten years. Subsequently his son
was, about the close ofthe revolutionary war,
also taken prisoner by the Indians, in his
camp, during violent storm. His wife, at
that time in delicate situation, escaped, ran
10 the neighboring fort, and two hours after
she entered it, gave birth to son. That son
was MIR. Jesse Edgington, the gentleman whom
this bill proposes TO fine and imprison for the
deadly crime of making railroad on his ow
land. Now seventy-two years old, MIR. Edg-
ipgton has always resided on the noble pro.
perry left him by his fathers. He is one of the
best agricultursts in the whole State, and the
most extensive aud most successful shepherd,
probably, in the whole Union. Living on his
splendid estate, twenty odd miles above the
town OF Wheeling, he has felt the very natural
desire to see it furnished with facilities to mar.
ket not Afforded by any of the roads that run
from that city. In company with number of
ms neighbors. citizens of Brooke and Han
cock, he conceived the plan of the proposed
railroad, and led the way by subscribing and
paying down $4,000, and by giving the right Of
way through his estate. His neigbbors have
the utmost confidence in him, for thew tried
MIN IN the Legislature twelve years, and thew
Hound him always true as steel. He is. ;ad.e5
such man as the Roman youth would ,;ss
ap to do honor TO, whenever he came in ,b.;,
presence. venerable from his are he :