Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1874-01-17
sGr The BALTIMORE AND OuoR,u-

"A communication written in this Coun-
ty, to the Baltimore Sun, says -
We gather the facts in regard 70 tho
matter noticed in your issue of yester-
day to be nearly as follows When the
road was about to be constructed up the
valley of the Potomac, crossing into
Virginia at Harpers Ferry, the impor.
lance of the road to the government
works at that place was too apparent
not to make the Secretary of War and
other officials as willing as the company
was DESTROYS to authorize the construc-
ton in front of the arsenal and work
shops in the bed of the river and at the
upper end of the property on its south
ern bank. About the companys right
to the easement thus obtained no one, it
is supposed, ever entertained doubt
until the abandonment of the site for
an armory threw the land into the mar
ket. when certain parties, seeing posi-
bly, speculation, became the bidders
and purchasers, paying not one cent,
possibly again expecting to obtain from
the Baltimore and Ohio companys de-
sire for peace money enough to meet
their obligations growing out of the
purchase. Then, for the first time, it
was pretended that the license to the
company to build the road was re7o-
cable one, and accordingly the purchas-
ers, who by that time had obtained a
corporate existence, gave notice of re-
vocation. and threatened If the Balti-
more and Ohio did not take up tho
tracks and stop the use OF the road the
transit would be rendered impossible by
the removal of the bridge then in course
of construction, or in some other way.
The railroad company, it is understood,
OH this took additional precautions 10
guard the road, but nothing more,when
an ingcniously imagined telegram from
one of the corporators of the new COM
panv. then at the Ferry, asking that
arms be sent to the purchasers, or some
thing TO that effect, fell, rs il was no
doubt intended it should do, into the
railroad company's hands, which, instead
of Lisregarding il as it ought to have
done as an idle bravado, obtained an in
junction from the County Court ot JET
ierson county, Va, restraining the wa
ter power company, their agents, 6c.
Litigation thus commenced went on
in the usual course n great deal Of tes-
timony was taken. and the case came
on for trial at Mar,insbnrg, General
Banks and Mr. Andrew Hunter repre-
senting the water power company.
The result was that surveys were or.
dered, surveyors agreed upon, and am
pie maps returned, showing that, with
the exception of portion of the road
ut the west end of the government
property, the main part of it-all Of IT,
indeed, in front of the workshops-was
in the State of Maryland, that is in tho
bed of the Potomac, and not covered
by grant Ia General Washington, under
which the United STAGES held the prop
erty, that being limited TO the State OF
Virginia. The proceedings OF the sur
vevors having been duly returned, tho
court, in due course, passed final de-
cree making the injunction perpetual,
and 80 far as the water power company
was concerned, settling the question n
naIly against that corporation. Power
less to effect anything as against tho
railroad company, the aid OF the United
States has been invoked, it now seems,
and the present litigation may be looked
upon by the uncharitable as another at
tempt to obtain from the railroad com
pany the amount of the purchase money
due the United States. OF course this
is supposition. 1t appears, strange,
however, that at this late day tho Uni
ted States should revoke, if it had the
power now to do so, the grant made
near forty years ago, equally strange
that the travel upon one Of the great
highways of the country should be de-
pendent upon the caprice Of purchasers,
The worst misfortune that could happen
to whom would be the restoration OF
the property to what it was before The
Baltimore and Ohio railroad was con-
structed, or its great tributaries, tho
roads of the Valley of Virginia.
rsy- TnE WEST VIRGINIA ELECTION.
The committee in Congress on cleo
tions reported on Wednesday on the
West Virginia eases. The report OF
the majority committee is signed by
Messrs. Smith, of New York; Thomas,
of North Carolina; Todd, of Pennsylva.
mia: Harrison, of Tennessee; and Hyde,
of Missouri, and declares the October
election valid, thus seating Messrs.
Benz. Wilson and Benz +. Martin, from
the first and second districts, respect
lively. Messrs Spear, of Pennsylvania;
Lamar, of Mississippi; and Grassland, Of
Kentucky, the democratic members Of
the committee, sign separate. report,
agreeing to the conclusions of the ma