Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1878-06-11
An Important Decision.


~ ulSpalcu lIOu " uEtcu OO,
to the Baltimore american, says:
The United States Circuit Court, Judge jack
son presiding. which has been in session durin &
this week, has been mostly occupied in deter
mining one of the most interesting and i'm
portant which has ever come before n
Federal Court for adjudication, involving rs it
does. governmental questions growing out of
tions concerning the relations between State
and Federal jurisdicti on. 1t appears that the
United States, when thov owned the arnory at
Harper's Ferry, away back in 1913. were the
owner of lands across the Shenandoah river
upon which grew chestnut timber in large
authorities of the aImory after it mad been
burned into charcoal. Al that time the famous
Shenandoah river. and there being no other way
by which to cross the river, the Government
pure.ase the ferry; paving FIVE ; ti I, dol
and reserved the right to carry over. free of
tolls, their men aud teams. Matters thus stood
till 1s42, when CONGRESS authorized a 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 1868 the rebels burned the
bridge. and When the United States authorities
regaincd possession of IIarpcr's Ferry they re-
sumed possession Of the ferry and commenced
to operate it Thus matters stood TIL 1850,
when all the Government pr"rertv at llarper's
Ferry. was sold by direction CT the Secretary of
War. under an act of Congress, at which time
the ferry was sold and was operated BIZ the Ven
decs of the Government till within few
months past, Mr.. ]. N. Mason, of Charlcstown,
who owned or clnimed some lands adjoining he
County Court of Jefferson county for a license
to establish n ferry alongside of the present
and West Virginia, which declare "tnat any
dIsuSe of ferry franchise for two years discnn
times the same" Applying this law 10 the
Government ferry, which had not been used for
some twenty wears, whilst the bridge stood. the
County Court declared the Government ferry
not lega one. and granted Mr. Mnson's appli-
cation. whcTcupon the District Attorney made
fdT e to rSsran Mr. Mason Tom
operating his ferry under the County Court
grant, upon the grounds that IT would injnre
the revenues lcEitllnaicly due the ferry or run
by the vendCe of the Government. The cause
came on for hearing on the motion on Tuesday,
and it was clabOrately argued by counsel for
two DAYS. The defendants claimed that the
Government could not own franchise. and
1869 By reason of the disuso for twenty years;
hence the Government had no ferry sell, aud
that the Federal Court could not Interfere with
the JUDGMENT of the County Court, under which
Mason claimed TO run his ferry. His Honor.
Judge Jackson, OTerlnlcd the object ion raised
by the defendants and decided thai the Govern
mcnt could buy any sort of property when they
needed it: that when purchased for Il coustitU-
tiOnal purpose the State laws Conld not affect it.
and that non usc conld not be set M against the
United States. The Injunction was awarded as
prayed for in the bill of complainants
The evidence before the Potter Investga
ting Committee is most damaging to the Re-
publican party. On the first day Secretary
Sherman was confronted with proof under his
own hand that he had in the name of Hayes
pledged reward in the shape of Office to the
radical managers of the louisiana election for
their fraudulent manipulation of the returns.
Hayes is brought into the conspiracy not only
by this implication of his present cabinet off,
Ger, but by that of his particular and recog-
nizcd personal friend and agent, Stanley
Matthews. who has been ever since the au-
tumn of '76 the custodian of the letters and
other documents belonging to the conspiracy.
Copies of these papers are given and pubs
lishcd, With some of the originals: