Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1875-02-25
For the Shenandoah Herald
THE ORKNEY BILL.

4
We observe the patron of the Orkney
bill has published it in the 'Shenando ali
Valley" and. has. taken up the sectiops
seriatinl, with his defence Of them. 1t is
immaterlal as regards the change, of name
when we remember, "a rose by any other
name would smell as sweet" TO section
End if it only proposed to enlarge. the
limits of Van Burensville with its present
charter and board OF Trustees, no one
saooutd object. But to attempt to GUST them
is quite different thing, and that simply
because the Orkney Co. have built partly
within and partly without the corpora
ton. The Go. knew before they invested,
the conMtiep of affairs, as other places OF
business existed there long anterior to
them, consequently they have no right to
a law to assist them to monopoly OF trade.
Section, Sd and 4th provides for Presi-
dent and board of Trustees and def mes
| their powers, among which is the right to
| lay out, widen and extend streets, side
walks, avenues and highways. without
| limitation. Now this is especially pro-
vided against in the original charter of
Van Burensviiie; for in the preamble to
| that bill the General Assembly is requested
to grant charter with certain reserved
rights as to the land and which reserva-
( ton will be fonnd in section 81 and reads
thus. ''Providea nevertheless that moth
/ ing in this act contained, shall be under
stood or construed to divest the right full
howners OF the land Or any part thereof,
| (either for public square, streets or
alleys.) hereby established as a town;
without his or their deed in writing duly
executed and recorded according to law
Vide, act of assembly 27ta Feby. 1888 page
J., ITS chap. 2O6. Now is not this vested
right as to private proper ty? 1t is claimed
| that section 9TH is superior to the cores
pondfng section in the original charter,
! as it does not permit unlimited taxation,
nor does the original. Vide section Sd
wherein this occurs. That the said tax
| shall not exceed in any one year one dol
lar on each hundred dollars value on such
property and twenty-five cents for every
tithable. Section It'll is a singular thing
as it gives power to the President and
board of Trustees to transcend the bound
aries of the town; for which no reason is
assigned but that it is taken from the
charter of Luray. Euclid. we believe and
every mathematician since, has accepted
this as an axiom, that all the parts of a
thing are equal to the Uholc, and con-
verselv, the aphole is eQua! to all its parts,
in other words a thing is equal sto itself.
But this ambitious little town in the
mountains of Va, wants to be greater than
itself. Section s, gives the right to levy
an unlimited special tax on .hotels, beard
ing houses, livery stables, ten-pin alleys,
liquor and other saloons. Now if the
Orkney Co., control the President and
board of Trustees, can they not make this
pgohibitory tax as to smaller property
owners and then farm out these privileges
at an immense profit? If this is not mon
opoly, in Gods name what is it? The Co
aDiH control under the new charter ltien-
acted, is beyond lISdoubt, IS will now be
made apparent. Section 9 DISTINGUISHES
all of the cottage and lot owners, as :sons
of them reside at Van Bureusyille, but go
there during tbs heated term. VIDE, con
stitulion Of Va, Article III Sec wherein
residence of twelve months in the State,
and three in a county, city CT town, next
preceding any election, is necessary to en-
title any one to a vote. F5:o will be the
voters? Why about three persons, the
minions end retaineis CT the Orkney Co.
The bill is not so Objectionable on account
of its legal menstrosiJtcs, Us it will be in
its practical aUor.tils IS. After getting con-
troll in the first e;5cti175, the thing is made
easy euer after as the President and board
of Trustees, shall have power to make all
needful rules, regulations and ordinances,
governing such elections. This is outra-
geous. The bill ought not to pass. because
! it is a complement to all act, entitled IAN
act to incorporate the Orkney Springs
Co." Vide, acts of Assembly page % chap
! 81 approved Jan. 9Th 1875, wherein 1t is
declared that the Go may acquire the
control and use of such mineral springs by
lease, purchase or s2therWise as may be
desirable now this includes the "Bear
Wallow" springs, aud a special reservation
was made in favor of all persons visiting
! said springs by J. D. Williamson as at
| torney for John Basye when sale was
made to Miller and Bradford in these
be free ingress and egress to and from the
said springs, by the entire public visiting
said springs" Vide article of agreement
made and entered into OH the 18th day of
June 1857 between John Rasye by his
attorney Jacob D. Williamson Of the first
| mart. and Miller and Bradford of the sec
ond part and attested by J. S. Calvert.
What right has the Orkney Co., to acquire
control and use of this spring by lease
purchase or otherwise ? No wonder, that
4 the patron of the bill {as be himself has
stated is s'beipg severely denounced end
deserted by his former friends" What
legitimate necessity exists, for destroying
one town to create another, when the
Pre- ;ident aud board of Trustees are gen
tlemen Of wealth, honor and Intelligence
who own property at Van Burensville and
are friends to the Orkney Co; and who
will accord to them in the future las they
have il the pasp every facility and priv
ilege that may be proper to extend. A'son
of Mr.. Basye told the writer that his Faith
er was offered for land and the "Bear
wallow" spring, four thousand dollars, II
he would make an absolute title, but he
refused and chose rather to sell it for the
paltry sum of three hundred dollars, with
i a reservation In favor of ali the people
! giving them flee and unrestricted use OF
| the water Glorious old John Basye, his
humanity, benevolence and catholic char
ity was not bounded by the extent of his
vision, his ,eounty or state, but extended
to all beneath the coping of the Heavens
He should have erected to him ''Monum