Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1901-04-19
RESTRICTED FROM THE DEAD.

A suit has just been decided in the
circuit court of Rockingham county II
favor of the old Washington, Cincln
natl and st. Louis railroad, and against
the new Chesapeake and Western rail
road, declaring that the new road had
built on and now occupied a portion
of the right of way of the old road
The legal points are said to be many
and very obtuse. A few of our citizens
remember, that is the very old ones, a
little narrow guage railway that the
late Maj. P. B. Borst said he would
build through from the Atlantic to
the Pacific, and on to Hong Kong
some twenty-five years ago. The only
cash that ever showed up to consum-
mate this modest enterprise was some
subscriptions from persons in Rock
1ngham and the $4,000 he pocketed
so skillfully from Highland county. A
few burrows were plowed in sundry
spots and places along and in the d.
rection the road must 60, if it went,
and few shovels full of earth were
piled here and there. These have been
obliterated in most places, as not a
lick. has been struck on the thing
within quarter Of a century, and
never would have been again, either
on the right Of way or in the nature of
legal blow, had not a real railroad
come by and undertaken to build line
in the same direction. In doing SO
the new and real railway "did cross
over, enter upon, appropriate and use
certain and divers parts of the said
right of way,'' &c. Not that the new
road wanted single shovel full of the
dirt, single cut or embankment of the
narrow guage trunk line," but be-
cause the thing happened to lie in the
way of the real railroad. No sooner did
the real railroad do this than up rose
from the cavernous deep, out of the |
oblivion Of years, an owner, or alleged |
owner, of the rights, privileges and
franchises of the said narrow guage. |
No man had dared for some time to
admit that he was the owner lest |
some Highlander might use Winches-
ter on him, all had remained discreetly
mum, and in dense obscurity, since
Maj. Borst had been called to his
fathers. But taking courage, we sup
pose, on account of the long interval
that had elapsed since the iniquity of
the scheme had dawned on the public
and the present moment, trusting that
the memory of man is short. and his
limit on earth but three score years
and ten, unless by reason of his great
strength, those who claim now to own
the rather malodorous francise, crept
forth from their hiding, and after look
ing round to assure themselves that
they might venture out, shook their
musty, begrimmed and aged title
papers in the face of the new corpora
ton, and bold and defiant grew. They
found the new antagonist not overly
strong, so they grappled with him in !
the courts, and now have thrown him,
and have him on his back. Should he :,
wiggle out and get on his feet again it :
will be only when the Supreme Court $
has helped him up. This bit of obstrue-
lion to railroad development is the dog y
n the manger which has kept back +
abroad from that portion of the coun- :
y ever since it's blighting trail was
lrawn over 1t many years ago. No
'ody ever intended then or now to
uild it. 1t never drew an honest
'reath. 1t was conceived in sin and
orn in iniquity. 1t began by plum
erlng Highland county. and its career u
GEMS not to be ended. The people
hose interests west of us are 50 affect d
by these legal complications await .
18th interest the result of the contest u
18th this former defunct, but newly q
lsen from the dead, corporation. v
IT