Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1878-06-04
AnImDOrlant Decision.

| An Important Decision.
A dispatch from Wheeling, W. Va, dated
May 80, to the Baltimore American says:--
| The United States Circuit Court, Judge
Jackson, presiding, which has been IN session
during this week, has been mostly occupied IN
determining one of tho most Interesting and
| important cases which has ever come before y
| Federal Court for adjudication, involving, as II
does governmental questions growing out ot
the Constitution Of the United States. and
questions concerning the relations between S;s:
| aud Federal jurisdiction. 1t appears that the
| United States, when they owned the armory at
| IIarper's Ferry, away back in 1918. were tie
owner Of lands across tho Shenandoah river,
upon which grew chestnut timber in large
quantities, and which Was largely used by the
authorities of the armory after 1t had been
burned into charcoal. At that time the famous
| Lord Fairfax owned a licensed ferry across this
Shenandoah river, and there beidg no other
way by which to cross the river, the Govern
ment purchased the ferry. paying five thousand
dollars for it. The Government then leased II
out and reserved the right to carry over, tree
Of tolls, their men and teams. Matters thus
stood till 1912, when Congress authorized 4
bridge company 10 build bridge near the ferry
site, which they did, and 10 which event the
ferry was worthless; hence it was not used any
longer by them. In 1862 or 1863 the rebels
burned the bridge. and when the unted
States authorities regained possession Of ia;
pcr's Ferry they resumed possession OF th'
ferry and commenced to operate 1t. Thu
matters stood till 1869, when all the Govern
ment property at llarper's Ferry, was sold hy
direction of the Secretary Of War, under an ae!
Of Congress, at which time the Terry was sold
and was operated by the vendees oi the Gnv
crnment till within few months past Nl'.
j. Nj. Mason, of CbarlestoWn, VINO owned or
claimed some lands adjoining the United
States ferry. made application TO the Circuit
Court of Jefferson county for license to es
tablisG ferry alongside of the present ferry,
claiming that under the laws Of Virginia and
West Virginia, which declare THAT any dlsusr
of ferry franchise for two years diScontlnues
tho same" Applying this law to the Govern
ment ferry, which had not boen used Tor some
twenty years whilst the bridge stood, Tive
County Court declared the Government :rr}
not legal one and granted MIR. Mason saprl
cation, whcrcupon tho District Aucrnrr mad
arp.icatinn on ru y lay last TO Ju lee ''atk ~"
for 40 iriluctiou 10 restrain MIR. Mason lroni
operating his ferry under the Couoly Cnurt
grant upon tho grounds that it would nJAre
the rcye1uss legitimaely due the ferry or run
by the yendee lthe Government. The cause
came on for hearing on the motion on Tuesday,
ard it was elaborately argued by counsel Tor
two days. The defendants claimed that the
| Government could pot own franchise, and
that rit could, still it was not in existence III
1869 by reason of the disuso fer twenty year;
hence the Government had no ferry to sell, ard
that the Federal Court could not interfere with
the Judgment of the County Court, under
which Mason claimed to run his Jerry. ll,'
| Honor, Judge Jackson, ovcrru ed the Objection
raised by tho defendants and decided that the
| Government could buy any sort oil property
when they needed it: that when purchased Tor
constitutional purpose the State laws couII
not affect it, and that non US, could not DC sci
up against the United States. The Injunction
was awarded as prayed for in the bill o' com
| plainants.
| History OF DIpHTIIERIA.- Tho raVagcs OF
this disease 10 this country mako it subject ol
naipful interest. BY unproles,ional persons 1t
j. generally supposed to be Of modern o1ie'c.
Dr.. Il. II. Maxon has written series OF papcIS
m the disease, which have appeared IN the
Boston Jouroal OF Chemistry from wh'o' We
make the following extract -
"Diphtheria is believed 10 have originated
IN Eprnt more than two thousand years ago.
It prevailed 10 Egypt and Asia Minor, to which
Iit tvtcndcd, during the first five hundred years,
and hence was carly called Egyptian or Syrlac
disease. But upon its extending into the south
of Eu-opc, the Greek designation became tie
more general one; and though Objectionable, a.
not indicating directly its pathology, 1t has been
retained, together with the Egyptian or Syr'ac
Having invaded Europe, the disease aprealisH
at Rome A. D. 800; and being akin to the
, plague, Of which it may be remote modllica
| lion, having had the same origin ~l'h Son',
similar characteristics; and being, llXo IL an0
malignant typhus, highly contagious, the dis
ease, in its fifteen hundred years transit on TN
continent of Europe, affected mainly rura
J;ot,;cIs and partisoncd towns 1t had extend
I'd to Holland, in which it was an epidemic II
' 1927: to Paris, 10 1876, and appeared in Am
/; cricn ip l77l, having prevailed moro extensive
10 in France 10 1918 and 1875. and 10 Enelah
and in the United States from 1856 to le1"
= and more or less since"
A STARTLING AssERrIoN.-Th New ior
Snn saws before an insurance mems con7entlo
in Syracuse was read paper 10 which 1t wa
y rsro and That over half Of tho contlagration
r oro tbo result of incendiarism. This is star
Inc assertion which is often repeated. 1t W.
sustained by other members, who said half I'll
- amoupt paid out by insurance companies was
u men who had set their property on fire. Ora
lcrimcs, iuoendiarism is ono Of the most dif1icu
to prove. The sentence passed upon Catharil
It Krickeldorf yesterday Of seven years in Il
pooiton,iary is probably equivalent to a scntcn
for life, for she is sixty.two years Of age, al
/. liuiirm. Her severe punishment will be into
siGed by the thought which must haunt h
that none Of the tenth wardcrs, who we're +
q. Gently her neighbors, will desire to sec !,
como back from Blaokwelrs Island alive.
nh,,oh ,bout IA tottnr inf he grave she fir