Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1878-04-06
COMMUNICATED.
THE SHENANDOAH FERRY
.sfyr Re CASE.

.. n. b. SAS~~'
Mr. Editor-The last term of our
County-Court was mainly devoted to
irving the Shenandoah Ferry case,
which appears to have been one OF the
most important cases which has been
adiudicated by our Courts tor many
years. The Ferry in question crosses
The Shenandoah River at Harper's Fer
~, aud lie reputed to be one OF the
most. profitable ferries in the state.
From what we could learn from the
numerous records, documents, and mass
es of evidence used by counsel engaged
in the case, it appears that way back
about 1910 this Ferry was established
by Lord Fairfax, who was the owner OF
large tracts of land at Harpers Ferry
that when the National Armory was
established at the above named place,
in about 1902, it required large quanti-
ties of timber for use in the Armory.
Consequently, in 1918, the United States
purchased from Fairfax the right TO cut
timber from 1895 acres of his lands,
which were located across the Sbenan-
doah river. In getting this timber
across the river il was necessary 10 cross
at this particular Ferry. For reasons
which were best known TO the officials
of the Armory they purchased this Fer
ny from Lord Fairfax during the year
1915, for which they paid him the sum
of $1,000, and took Deed Tor the
same. The authorities rented it out
and made use of it till about 1912, when
under an Act Of Congress the Shenan-
doah Bridge Company were permitted
to erect bridge across the river on the
Government lands and near the site OF
the Ferry. From that time up TO 1862
(when the bridge was destroyed) the
Ferry was not used Ir. 1868 the Uni
ted States resumed the Ferry and COLI
tipued to rect it ill 1869, when it was
sold by order of Congress. Recently,
Mr.. Jas. NJ. Mason purchased at tax
sale some lauds which it is claimed
front on the river near the present Fer
~, and accordingly be made an applica-
tion to the Court Tor license TO run a
Ferry, alleging that The present Ferry
ras not u legal one, upon The grounds
ihh The non uses by the gorsrnmraf Of
The old Ferry for fro aud o"s-hay gears
wO'ked forjsifure # the righ, and
consequently the Government could not
resume The Ferry in 1863. Mr.. Mason
was represented by himself, Hoa. ID. b.
Lucas aud Messrs. Baylor Il Wilson.
The application was resisted by Hon.
Cbas. Davies, who appeared for DIR. j.
5. ODonnell Gan interested party, be
having recently purchased from the
Governmeni,) and James ID. Butt, Esq,
Of Ilarpers Ferry, who appeared Oh be-
halt of the United States. The argn-
ments of counsel were ingenious aud
learned, and consumed the greater part
OF two days. National. State aud midi
vidual rights were commended for; Con
s,itutional law was deliberately discuss.
ed, and in fact SO much law was dis
cussed that ordinary mortals were AZ q
loss 10 perceive what the lawyers were
driving at. Mr.. Butt argued that the
United States had a perfect right To buy
this Ferry, aud when so purchased that
hey hM IL IN a soe'r'ign capacity, and
that no Sfnis Lnw eoua operafe upon
IL, hence h' Jorl'Inrr net If me L'gh-
ioiurf, wh'ch whiisi IL might operate
upon ats OUn riHz,ns, couH not y'arh
the Gursrnmrnt or Us propHiy. which
property AS he contended VAS solely To
be determined by the laws Of Congress
so long is the Government b.h the H.
gal ME. Mr.. Lucas, who followed Mr..
Butt, contendtd in very ioreibh argu-
ment that the Government only pnr-
chased such right in the Ferry AZ
Fairfax held, and that all The forfeitures
to which Fairfax was liable were equal
" applicable 10 the Government, aud
that after the two years non uses the
had no legal Ferry 10 sell
to any one. After the arguments closed,
the Court granted the application 10
Mr.. Mason, but We are Informed that
proce edibgs will be- instituted in The
Federal Courts 10 try the title 10 this
il 50 The lawyers will fiddle
and the clients will dance. y.
Charles,own, April |, 1873.
81 While at Charlestown last week
we heard considerable comment on the
trial of the case 10 Court, aud especially
so in favor of James ID. Butt, Esq, no
prosecuted the case in behalf OF the
In fact, it was stated by
many who heard the discussion, that
Mr.. b. delivered one of the ablest and
most logical and profound arguments
that has been put forth at that Bar for
a long time-eviucibg considerable
degree of eloquence and talent. Mr.. 3.
is rising young man in his profession,
aud is winning reputation Of 40 ordi-
nary character among the learned Of the
legal aitainments. He has also been
quite successful in the prosecution Of
war claims against the government, and
has made himself an extensive reputa-
ton in that respect, az well as among
the legal fraternity, in Washington city.
We are glad to note these facts, and e.
pecially for one SO young aud deserving
in every capacity.
AT the annual election Of your Lodge,
you are called upon to determine not
only who shall be greatest during the
Masonic y.ar IN, 49,