Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1880-05-08
TIE NEW RAILROAD.

We had not time last week to re-
fer to Judge Alvey's opinion with re.
gard to the status Of the new railroad
upon the east side Of Wills Creek.
The subject may now BE- little stale,
but its Importance as affecting the en-
terprise is undiminished. AT the
risk, therefore, Of treating topic ap-
parently disposed Of, we start out
with the announcement that the opin-
ion was a disappointment to the
friends Of the road. It is not, how
ever, without several favorable Gestures
upon which some shrsds of hope may
yet be hung.
No one can doubt that under the
general railroad law. the charter OF
the Georges Greek and Cumberland
road. the company possessed the pre-
rogativs, after securing the property to
build upon, of carrying the road into
the city Of Cumberland wherever in
their judgment they thought best.
Yet, strangely enough. it has been
twice practically decided that an Act
intended land SO stylsd) ITO enlarge
the powers of the company, and
which contains no clause or word
denying or suspending existing pow
ers, must, after all, be construed to
destroy those rowers-riRhts which
any FIVE citizens can acquire in an as
sociation under the ordinary authori-
ty of the general law. The mistake
has been made in the outset in assum-
ing that the Act of 1873 was design
ed to locate the road from the west
end of the Narrows to its terminus
in Cumberland, or its final depot site.
The fact is, it was simply and solely
designed to give the company power
to su,m,ount the obstacles, barring it
out of the city. Now, when those
were overcome the functions and OPP
erations of the law ceased, except as
touching the additional power Of
crossing the Baltimore and Ohio rail
road at Single point" unrestricted
in any way as to which side Of Wills
Creek the crossing should be. This
discretion was not limited in the least
by or dependent upon crossing the
Potomac Wharf branch on the west
side; as would have been the case if
such crossing had been designed to
fix the location Of the road belc,O that
point. and where the Cumberland and
Pennsylvania were no longer con-
cerned.
There ia, therefore. only one ration
al way of reading the Act of 1873
the subject of SO much contention.
At inc time Of its passage the effort
had been made to crowd the Penn
sylvania railroad out of the Narrows
the only avenue Of approach. The
Georges Creek road was then unde-
vslopsd, therefore no party to the
fierce contest. The ' ,nsylvania
road was crowded over 1 eini,.lhe west
side of Wills Greek IN the Marcus,
gorge which terminates eastwardly
a few hundred yards west of Cumber-
land. Subsequently, when the new
road was sprung the monopolists be-
came alarmed at the practical fusion
of the two and again assumed the
role of obstructionists. in effect, the
plea was set up by and for them that
whatever the natural extent Of the
Narrows, the gorge, SO far as the new
road was concerned, legally extended
through the city to the Potomac river
And at two sessions Of the Circuit
Court this extraordinary pretence has
been ratified as practically correct
But we repeat it---that there ia but
one sensible way to read the Act, and
it is hoped the Court of Appeals will
construs it just as though tho gorge
terminates where it does. If the new
road loses, however, there are surel y
other ways to the accomplishment Of
its great object. 1t deserves success
if ever good cause did, and the
most unfortunate feature Of Judge
Alvey's opinion consists in an appar-
ent infection Of disaster upon its Pro-
gress and prospects.
WHATEVER Cumberland loses by
INSTRUCTIONS in the way of the
Georges Creek road is 10 be made up
by accsasions of coal carriage from
the keystone region, vta the narrow