Montgomery County sentinel., 1890-08-08
Sale of the Chesapeake and Ohio Canal.

Mr.. Editor:-It seems 10 be settled fact
that, as a waterway, the canal is forever
dead, and as such will never again be pub
lie highway for passengers or the transpor-
tation Of freight. If sold by the order of
court very pertinent question may be ask
ed at this time: Will any conditions be at
tached 10 the sale, or will 1t be sale under
which the purchaser will acquire the right
to do with the property as he may see fit?
The grantors of the land on which the
canal is located and the owners at the time
OF the condemnation OF the lands taken for
the canal were well advised as to the pur
pose for which these lands were granted
and condemned. In the first place no owner
would have granted strip OF land, as taken
by the canal, through his property unless
coupled with that was condition that 1t
was to be used for a specific purpose; no
Legislature would ever have permitted con
demnatons of land as taken by the canal
unless 1t was to subserve the interest of the
public.
Now, if the above is a fair presentation of
| the matter as to how and the purposes Tor
which the lands occupied by the canal were
acquired, can or will court, regardless of
the rights of the public, as also the private
rights of the original owners of the land,
aid corporation or an individual or indi
viduals by any legal technicality to become
the owners, by purchase or otherwise, of
these lands unless coupled with such own
ership there be requirement that the same
lands are still to be used as a highway for
the public and for the benefit of the heirs
i and assigns of the original owners?
But it is said canal will no longer pay
and that it is not feasible to operate canal.
That may all be true, but it is equally true
if the canal ceases to exist as u highway
then the rights to the land should of necessity
cease also, because the purpose for which it
was taken has ceased to exist, since the con-
sttution of this State would not permit a
mans private property to be taken for the
public good for a specific purpose and when
the object and purpose failed permit the
said land to be sold for any other purpose
not even german to the original purpose,
disconnected by all persons that railroad
can be made down the bed of this canal,
and no one will deny that railroad will
make more acceptable highway to the
public, and will therefore be german to the
purposes Tor which these lands were ac-
quired by the canal that Courts in the
United States have already recognized the
right to change the use of lands acquired tor
a canal to be used for railroad in place and
stead of the canal. If such be true, then let
it be required of the purchaser of these lands
within limited time from Cumberland to
Georgetown any thing short of this will work
great injustice to the public and to the heirs
and assigns of the original owners Of thes
lands 1t never entered the mind of the
canal company as purchaser, or ven
dors of these lands, that any right was
granted by the one or acquired by the Other
by which lien could be given on any o
the land so that it could besold for any pur-
pose other than a highway. If such wron 6
can be perpetrated, it would be better tc
subdivide the whole matter INTO town an
city lots and sell it off in parcels.
While concede the bondholders sh oulG
be protected as fully as practicable con
tend the public and the heirs and assigns ol
the original owners Of these lands have
rights and interests paramount to the bond
holders and these rights should be the first
to be protected by the Court.
GEORGE PETER