Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1880-03-27
VIRGINIA FREE PI2Essss-TIIE OLD JOURNAL
Violence to the Shenandoah Valley
Railroad.

Violence 70 the Shenandoah Valley
Railroad.
Much surprise was felt and expressed
in this community at the severance Of the
Shenandoah Valley Railroad made on Friday
last by certain parties claiming to be the own
ers Of the land occupied by the road through
a small piece of property near the Old Chapel
Station. in Clarke county, Virginia
l, was, generally, at first, assumed that no
oue would have had the hardihood in open
day. and With violent hands, to tear up part
Of tie superstructure Of this road aud tumble
it down the embankmeut on which it bad
been placed, unless such deed was 10 redress
of some gross Infringement Of the rights Of
the actors in the uuEsual scene, In which case
even, itwould have oeen wholly inexcUsablcl
or an execution, by proper ministerial
officer, of solemn and FINAL judgment OF
regularly constituted legal tribunal Of tie
land Our readers will he astouished, no less
taaa were ourselves, 10 learn from a careful ex
animation Of tie facts that ,eit:er Of these
grounds existed TO Justify this hold wrong
a correct narrative of the case is, as far as we
can ascertain the facts. as follows:
To about the year 1870, the Company pur-
CHASED Of Il. W Briggs, the then owner Of
q is land, the right Of way through it, on the
condition of the payment Of 81 800, or should
a depot be established, free right Of way
was granted. Tue Company entered under
the Contract, graded its road, aud when work
of construction was suspended. in 1872 or
1873. the road bed had been made through the
whole property. Shortly after the cessation Of
work, Mr.. Briggs being in financial trouble,
creditors proceeding against him, forced his
land 10 sale, under a decree Of court, and at
The sale A. ". Mcdonald anl \ NJ ore, Jr.,
became the purchasers. Thus matters con-
tuucd uutn work was about 20 be resumed on
tue road recently when, in April, 1879, an
application was made by the above named
purchasers 10 restrain the Company from en-
tcr.rg on the laad in question until compen-
sltiou should be made to the claimants. The
injunction was granted but upon answer Of
the Company showing the contract with
Briggs, aud upon afidayits in support Of the
motion to dissolve, The injunction was dissoly-
eI. The plaintiffs took further testimony,
aud moved to reius;aie the INJUNCTION, which
was refused An application was made, in
several forms, during the progress Of the pro-
ceedings TO Judges Of the Court Of Appeals
or the Court itself for an injunction or an APP
peal aud was denied, until recently, 40 order,
granting a reinstatement, was awarded by
Judge Staples. Upon that order TO rciustate
the injunction, and wiihou, the Issuing Of any
process, whatever, from the court in which the
injunction was pending, the plaintiffs, in a
coutroycr,cd case, without the opportunity Of
a bearing by tue Company, determined the
whole case in their own favor, and notified the
defendant company that they would proceed
To- enforce the injunction by tearing up the
rails Of tie -oai unless their disputed claim to
damages were adjusted in a few hours. The
Company, tbereupou. offered to deposit a
sufficient sum to cover any claim, hut this was
unsatisfactory, and the threat Of violence was
execu.ed-the rails were torn up and the
business Of the road suspended from Friday
afternoon last These proceedings, we submit
cannot be regarded 10 any other light than as
acts Of lawlessness, deserving rebuke by
every law-abiding citizen, and should be visit
ed by condign punishment
The Railroad Company, after The break Of
the road, gave notice Of motion TO dissolve
the reiustated injunction. and Monday last was
set as the day Of hearing, at Winchester
After fun argument, Judge Turner dissolved
Tie injunction, upon the terms Of depositiug
a sum Of money with tue General Receiver
Of Clarke county Circuit; Court, 70 await the
foa, adjudication Of the rights Of the parties
thus vindicatiuS the proposed action Of the
Company as the proser and just thing to do
when it offered to make the deposit as before
mentioned. The road was Immediately re-
paired aud is now again in running order, aud
Is destined, We hope, DO, again soon to be the
victim Of violence as unpardouab'e as that Of
which we have giyeo tie above not very re-