The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1897-05-01

The Navigation Company will
Not Appeal.


II Jsds5 Ashess.'s Hasds-rree .siver
b. JAY 1.
The Monongahela Navigation CON-
pany has formally decided not to ap-
peal from the award of -, 76I, els. as
by the viewers on their property.
This decision was at a meeting OF the
stockholders held in Pittsburg last
week. This definitely settles ques-
ton Of the highest Importance to this
entire section and which has been the
subject of endless speculation for a
long time.
The meeting was short as the per-
sons interested had given the matter
careful consideration and had made
their minds up before the meeting was
called. There has been great deal
Of Misrepresentation as to the time at
which this appeal could be made and
it has been stated that the time ex-
pired sometime age. This the COM
pany denied. But since no appeal is
to be made it is immaterial when the
limit is reached.
The entire body OF stockholders is
satisfied with the decision and it has
been confidently expected that ii
would be made.
Now Judge Marcus w. Acheson be.
comes the central figure Of the pro-
ceedings that are fraught with SC
much Importance to the mining and
commercial interests of Western Penn.
sylvania and Northern West Virginia.
1t was he who appointed the viewers,
they have filed their report with him,
the owners Of the property in ques-
tion will not dispute the report and
90 it now remains for him to give the
report his Official approval. That he
will do this there does not seem any
reason to doubt. Public opinion has
stamped the award as eminently just
and fair, and though it was considera-
bly, less than the sum asked by the
navigation company, they have never.
theless decided to abide by 1T. Sc
unless some legal flaws be discovered
1t is reasonably certain that Judge
Acheson will forward the report tc
Washington with his approval.
The final acceptance of the award
rests with the Secretary OF War, Gen.
eral Russell A. Alger. And here Is
where the power of this particular
member OF the Cabinet is emphasized
to people of this vicinity. IL Score
tary Alger should decide to reject the
award, that would end the whole mat
ter. An entirely new beginning would
have to be made, commencing with
another act of Congress. OF course,
there is no way of forcasting with any
accuracy General Alger's action.
THE RIVER WILL BE FREE.
But it now looks as n the prophecy
of Capt. w. w. O'Neil, President OF
the Coal Exchange, made March Goth,
would be realized in full. He said
II confidently believe that the river
will be free by July /. In my judg
ment the navigation company will moi
appeal, and / feel sure that Genera
Alger will draw warrant for the full
amount
The claim made by the company
through Attorney McCleave was fol-
So, 500, 900. This was more, of cours,
than they expected to get, but thu
award Of nearly $1,000, 900 less was
undoubtedly disappointment. 1t il
thought they were led to accept thu
verdict by several considerations
There was the possibility that If thu
matter were to go before jury thu
amount might be reduced instead O
increased. Then the possibility O
diminishing profits on account of tn,
competition of Kanawha coal with
Monongahela coal had to be consider
ed. And, finally, the threatened leg
islation reducing the tolls on the rive
one-half probably had its effect.
The law authorizing the condemna
tion proceedings was passed by Con
gress last June. Judge Acheson ap
pointed the seven viewers, Stephen G
McCandless, George w. Dilworth
Samuel M. Jackson, J. v. Thompson
William McCopway, William Metcal
and Charles e. Andrews, in Septem
Der. This board heard testimony 70
several months and finally filed it
award of 50, 76l, 6l5.46 on March q
last.