Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-12-01

4Siy.
Special to the Register
Clarksburg, w. Va, November 30
When Ira Post stood on the floor OF
the Legislature of 1879, and in a dra-
matte manner and pathetic tone ex-
claimed; Mr. Speaker, Harrison
county is the Ireland of West Vir-
ginia,' he voiced the sentiments of a
constituency who felt that they were
being strangled in the coils of an octo-
pus. Harrison county, the second in
the State in point of wealth and tax
able property, the first in point of pas
toral and agricultural enterprise, its
hills bursting with coal and limestone,
and its valleys an Eden of fertility, is
a domain possessing all the elements
of empire within itself: yet its great
energies and resources are fettered by
the lack of competitive transportation
rates until it bows down beneath tho
merciless oppression that exacts tri-
butte of its people, and gives nothing
in return. Clarksburg, the natural
metropolis of this imperial domain,
with its more than one hundred years
of history, is still reduced to the con-
dition of village and little way
station on a great trunk line, and all
because OF this same cruel domina-
tinn Hnnpn II iC Iynnhpy. thaf
there should be feverish excitement
among the people Of this section over
the prospect of a long delayed deliver
ance now promised in the building OF
the West Virginia Short Line, and
that the attention Of the whole State
is now focused upon the greatest legal
battle ever waged within the borders
of the Commonwealth, now in progress
here. Judge Maxwell, who is presid-
ing as a special judge in this case, re-
marked yesterday that during his long
career as a lawyer, including twelve
years on the Supreme Court bench, he
had never seen
SUCH A BRILLIANT ARRAY
of counsel in a case as is now mus
tered on opposing sides. 1t Is an epoch
in the history of West Virginia juris-
prudence.
1t is unnecessary to give a recital
of the events leading back nearly fifty
years ago, when the "ruction" began
between the elder Garrett and the eld-
er Jackson, over the building OF the
formers line Of road through the lat
ter's property, and Of the compromise
agreement, whereby the B. e. o. ac-
cepted a right of way and depot site
from the elder Jackson, in considera-
ton of which it agreed to maintain its
depot forever on the Jackson land, and
further obligated itself not to erect
another station within two miles Of
the one agreed upon. Nor is it neces-
sary to give the details of the attempt
on the part Of the railroad company
to brush aside this agreement. under
cover of its receivership, in the Fed
eral courts, although all these events
are properly a part of the history that
has led up to the present culmina-
ton; but, there is enough in the cul-
mination itself to attract and absorb
public attention without going very
far back of the present status OF the
case. The fight has now arisen above
the plane of family quarrels and OF
individual interests, and is elevated
TO the dignity of public and COM
munity rights, and is now a battle
royal between the people and their op-
pressors, with the ablest lawyers OF
the State arrayed on opposing sides.
A careful survey of the situation
will demonstrate TO any onel the falsi-
ty Of sensational press reports that
have been sent from here about beauti-
full lawns being destroyed, and pala~
tial mansions being injured by ths
construction Of the new road. There
has not been lawn disturbed nor
residence injured
THE LINE OF THE ROAD,
where it passes through the corpora
ton limits, is along a rugged bluff
overlooking Elk creek, on the outskirts
Of the town, and through an unoccupied
portion with the rear ends OF stables
and ramshackeled outbuildings for a
perspective, and the talk about damage
suits that are to follow is all moon
shine, for the damages are seuled
when the right Of way contracts are
taken and the condemnation proceed
ings are had.
A single condemnation case has been
selected by the opposing forces, as the
skirmish line Of the great battle which
is to be fought. and the fact that tslis
particular strip Of land belongs to the
COTS and Lowndes, who are cousins
OF Col. Moore Jackson, President OF
the Short Line, is calculated to give an
impression that it is a mere family
quarrel. But it must be remembered,
as stated above, that this condemnation
case is simply q skirmish line, while
behind it is an injunction issued by
Judge Freer, restraining the town au,