Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1880-01-06
BRIDGE CASE,

Many persons have been mlSiniormcd
about the facts of the lawsuit between the
Harper's Ferry Bridge Company aud myself,
and as a false impression, that l Gm unne-
cessnrily and cautiously ohstructing the build
ing of this bridge, has been sedulously cul>
tivsted, publish the following statement
l. own a valuable ferry which yields
$500 year, and is valued for taxation at
$4,000. My title to this ferry has been vim
dicatcd by three different courts.
2. The Constitution of our State, declares
that private property shall not be damaged
for the use of a corporation until just COM
pensatiou shall have been paid or secured TO
be paid.
8. The Bridge Corporation propose to op.
orato toll bridge near this ferry, which will
draw off all of its travel The ferry is now worth,
at least 5000; after the bridge is opened,
it will not be worth S5, because all the tolls
will go into the pockets of this Bridge Cons
pany.
4 The object of the Corporation is to spend
as little money ns possible, because the cheaper
the bridge, the larger will be the dividends.
Tho rates of toll are fxed by the County
Court and will be the same whether tho
bridge costs SIS, 900, or S25, eco. If the
Corporation escape making compensation
for the ferry, the bridge-stock may pay 10
per cent, whereas if they have to pay SlO,-
600 damages, it will only pay per cent
The people want a bridge, but it does not
matter to them whether the capitalists who
build il, make money or lose money
5. Before the Company had expended any
money or incurred any liability, l informed
its officers that after thorough examination
of the law, | was confident that thew could
not set up competition to my ferry until they
paid, or secured to be paid, just compensa>
tio0.
1t will be observed two questions are in
volvod
1st. Is this Bridge Corporation liable in
damages to the neighboring ferry?
! proposed to submit this question, of law,
to Mr.. Walsh, Of Cumberland, or to any other
strictly first class lawyer.
Cd If it be decided that the Ferry is en-,
titled to compensation, then the question
arses,-Row much shall be paid by the
Bridge.
offered to submit this question, of fact,
to threo impartial men, or to a Jefferson
County jury.
Again, l made further proposition, that
L would not apply for an injunction, pro-
vided they would give me good security to
pay such judgment as | might recover in an
action for damages. Ny offer was, that the
Courts should decide whether / was entitled
to compensation, and if they decided in my
favor, then the security should be bound for
the amount awarded by jury.
My letter was read in a meeting of the
Company, but no answer was made.
6. We all know that these corporations fre-
quently dodge their just debts by giving
deeds of trust upon their property. 1 was
unwilling to take the risk, and therefore in
voked that protection which the law has
thrown around the property of every indi-
vidual But my offer to the Company is still
open. l will do all l can to hasten the COM
pletion Of the bridge, if they will give secu>
rity to psy the damages, provided the Court
decides that am entitled to compensation.
Hence, it is obvious. the delay in building
the bridge is not caused By my unreasonable
opposition, but by the efforts of this Corpora
tion to escape paying damages, even although
the Court decides l sm entitled to them.
1t is all nonsense to talk about my OBJ
structing the bridge: this is struggle
between citizen, trying to protect his pri-
vate property, and e Corporation that wants
4" to build a big bridge with little money"
1t is worse than absurd, to say that I am
doing an injury to the people of Horper's
Ferry. Half the work is done. The bridge
is certain TO be built. These gentlemen have
got their money tied up and are bound to
finish it, altho' certain capitalists, who went
into this enterprise as speculation, viii not
make as much money as they expected.
If the present managers are either unable
or unwilling to pay the just debts of the Cor
pora;ion, and to carry the work through, we
have men who will take what has been done
off their hands and finish the bridge with
all dispatch. But those concerned, may
rest assured, that (if 1 understand the law)
they will never open this bridge until my
rights are secured.
j NJ. MASON.
CharlestowD, Dec. %, 1s79-1t.
EFT Kirhr M.r.insb.-u Ill. an L,.a.