Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1901-08-13
Stackpole's
Stump Fence
Old Cyrus Lucky Escape From
the Recoil of His Own Hate.
BY JAMES BUCKHAM


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Il don't see but what you will just
have to submit, Cyrus" said Colonel
Bowker. ''1'he law seems to be pretty
clear on the subject. When the state
grants railroad charter and town
grants it the right of way, the railroad
company can take at a fair appraised
value any property lying in the line of
its survey, provided the owner refuses
to sell at an agreed price. That covers
the facts in this case. You refuse to
sell the company strip on the south
side OF your orchard. The state says to
the company, We give you the right to
appropriate that land at cur appraisal
It's no use for the owner to protest.
The law can do nothing for him. If
there was a ghost of chance TO fight,
Cyrus, Id be glad to do what | could
for you. But a lawyer can't do any
thing when there's no law on his side
Colonel Bowker tipped his chair back
and threw one leg over the corner of
his Uttered table. An old man, trem-
bling with impotent rage, sat in rick
ETY. armchair on the other side of the
table. His chin quivered and his thin
lips kept opening and shutting as the
senior village lawyer spoke.
ssThen eff the law can't do anything
for NE I'll do it for myself" cried the
old man, bringing his withered fist
down on the arm of the chair III see
eff a man Kin be robbed of what's ben
his'n for so year and ben in the family
for more'n.a hundred.
II hope you won't do anything rash,
Cyrus. said the colonel blandly. Its
a case where the welfare of the many
overrides tie welfare of the individual,
you see. The law provides no recourse
for the individual in such case
Il got done with the law, tell YER
shouted the old man fercely. I'm de-
pendin on myself now. | said eff the
law couldn't help me Id help myself.
I'll see eff they kin run their consumed
trains through my orchard without my
permission. 4 mans proputtys his
own. The amt no law that kin knock
that fact out O the Ten Command
ments."
Colonel Bowker accompanied his
irate client to the door. Better be eau
tious, Cyrus" he said as the old man
plunged down the steps. Don't do any
thing in a hurry. Take time to think II
Il ,l.,,,. Int r oil tx1
ready to advise you on any point that
may come up
Cyrus Stackpole drove home in a
blind rage He was one of those old
men who are as set as the everlasting
hills, and the fact that everything
seemed to be arrayed against his will
in this instance only served to make
his resolve the stronger. He was bound
and determined that the new railroad
should not pass through his orchard
There was no particular reason why Il
should be denied this right of way ex-
cept that Cyrus had taken notion not
to allow it. The trees in the orchard
had been set out by his fathers father
and their knottcd and wrinkled trunks
and limbs had long since passed the
age of fruit bearing. They only served
to cunber the ground. but Cyrus woulc
not cut them down and plant new ones
They were a part of the old order oil
things, and Cyrus was a conservative
of the conservatives. 4 peck of bitter
worm eaten wiudfalls from the OLD
Iii inc q
bushel of sound and toothsome fruit
from younger and more vigorous stock
That the pert modern railroad shoule
desecrate his venerable orchard was
not to be endured. II went against thu
old mans grain, and that grain was
exceedingly tough.
AS it happened. however, Cyru.
Stackpole fell into the clutches OF sc
we're attack Of infammatory rheuma
tism soon after his visit TO Colone
Bowkers law Office and about the time
when the railroad men came to grade
and prepare the rcadbcd across BIZ
orchard. The work was all done while
| the old man was grooming and fuInini
In bed, and By the time be got abou
again the ties and rails were iait
through his orchard. Then the frs
train came along. roaring triumphant
Iy and vomiting black smoke owe
whit remained of the ancient aapl
trees.
Upon this Cyrus bestirred himself
i though physical exertion still sent ex
circulating pains through bis joints
The regular passenger train schedul
had been in operation just day whel
he began TO do for himself what TIL
law could not or would not do for him
At 3 O'Clock on Tuesday afternoon
his wife having driven to the village
Cyrus hitcned up a yoke of oxen an
began TO drag stumps from the Stun
fence Oh the north side OF the orehar
to the railroad bed. He chose the Eal
gest end soundest and toughest stump
he could find and by 6 o'clock had
formidable fence built across the raj
4 road on the exact boundary of hl
orchard The roots of the stumps bril-
tied in the Direction from which til
next train would approach, the trai
from Wilmington. due to pass at
s'clock In the evening. Should loc'
motive strike those formidable ROOT
the butt of the stump would only
driven frlner into the ground. Som
thing would have to stop or smash, an
Cyrus felt confident that it would M
be the stump
1t was several minutes past 6 whf
4. the horn blew for supper. Cyrus VI