Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1878-06-08
An Important Decision.
STATE LEGISLATION CANNOT DESTROY A
GOVERNMENT FRANCHISE.


WHEELING. w. Va, May 3O.-The
United States Circuit Court, Judge Jack
son, presiding, which has been in session
during this week, has been mostly oc-
cupied in determining one of the most IN
teresting and. important cases when mas
ever come before a Federal Court for ad-
Judlcation, involving, as ii does, govern
mental questions growing out OF the Con-
stltutlon ofthe United States, and ques-
tons concerning the relations between
State and Federal jurisdiction. 1t APP
pears that the United States. when they
owned the Armory ut Harper's Ferry,
away back in 1913, were the owner of
lands across the Shenandoah river, upon
which grew chestnut timber in large
quantities, and which was largely used
by the authorities of the Armory after it
had been burned into charcoal At that
tine the famous Lord Fairfax owned n
licensed ferry across this Shenandoah
river. and there being no other way by
which to cross the river, the Government
purchased the ferry, paying live thousand
dollars for il. The Government then
leased il out and reserved the right 10
carry over, free of tolls, their men and
teams. Matters thus stood till 1917, when
CONGRESS- authorized Il bridge company TO
build bridge near the ferry site, which
they did. and in 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 United
States authorities regained possession OF
Harper's Ferry they resumed possession
of the ferry and commenced to operate it.
Tins matters stood till 1869, when all the
Government property Of llarper's Ferry
was sold. by direction OF the Secretary OF
War, under an act of Congress, 1T when
time the ferry was sold and was operated
by the vendecS of the Government till
within few months past. Mr.. D. VI.
Mason, of CharleStown, who owned or
claimed some lands adjoining the United
States ferry, made application To the Cir
cult Court of Jefferson County for \ license
to establish a ferry alongside OF the
present ferry, claiming that under the
laws of Virginia and West Virginia,
which declare "that any diSuse of ferry
franchise for two years discontinue the
same" Applying this law 10 the Gov
eminent ferry, which had not been used
for some twenty years, whilst the bridge
stood, the County Court declared I'll"
Government ferry not legal one, and
granted Mr.. Mason's application, where
upon the District Attorney made applica-
ton on Tuesday last 10 Judge Jackson for
an Injunction to restrain Mr.. Mason from
operating his ferry under the County
Court grant, upon the grounds that IL
would iujurc the revenues legitimately
due the ferry or run by the vendce of the
Government. The cause came OF for
hearing on the motion on Tuesday, and 1t
was deliberately argued by counsel for
two days. The defendants claimed that
the Government could not own fran
chise, and that il could, still Ii was not
in existence in 1869 by reason of the disusc
for twenty years hence the Government
had no ferry 10 sell, and tina: the Federal
Court could not interfere with the judg-
ment of the County Court, under which
Mason claimed To run his ferry. His
Honor, Judge Jackson, oycrrulcd the
objection raised by the defendants and
decided that the Government could buy
any sort of property when they needed IL;
that when purchased fora constitutional
purpose the State laws could not affect IL,
and that non use could not be set up
against the United States. The injunc-
ton was awarded as prayed for in the bill
Of complaints.
General n. Golf .Jr., United States Al
tOrney, and James ID. Butt, ESD, appear
ed for the United States, anG Mr.. Mason
was repre- scnted by himself and Hon. ID.
Is. Lucas, OF CharIeStown.
gS- We learn that our friend james
ID. Butt, Of HarpeI's Ferry, was the
principal attorney in behalf OF tho
Government, in engineering the above
case, and we sincerely congratulate him
upon his deserved success, and especial
ly so when it is stated that the above
was one OF the most important cases
ever come before a Federal Court for
adjudication. Mr.. s. is young man
Of fine legal ability, quite successful,
and has already had considerable ex-
perieuce in his profession in behalf Of
the government Us well as individual
clients. We predict for him prosper
Gus future.