The Washington times., 1901-07-14
STACKPOLE'S STUMP FENCE

Il don't see but what you win lust have
to submit Cyrus" said Col Bowker ''The
law seems to be pretty clear on the sub
iect. When the State grants a railroad
charter, and a town grants 1t the right
OF way, the railroad company can take,
at a fair appraised value, any property Iy-
ing 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 a strip on the
south side of your orchard The State
says to the company. We give you the
right to appropriate that land at our ap-
praisal.' It's no use for the owner to pro-
test. The law can do nothing for him.
If there was a ghost of chance to fight
Cyrus, I'd be glad to do what l could for
you. But a lawyer can't do anything
when there's no law on his side"
Colonel Bowker tipped his chair back,
and threw one leg ever the corner of his
Uttered table. An old man, trembling
with impctent rage. sat in ricleety arm
chair on the other side of the table His
chin quivered and his thin lips kept open
ing ana shutting, as The senior village
lawyer spoke
Then, ef the law can't do anything for
me. I'll do it for myself cried the old
man, bringing his withered fist down on
the arm of the chair. ''I'II see, eff a man
kin be robbed of what's ben his'n for
fifty year, and ben in the family for
mOre'n a hundredr'
/ hope you won't do anything rash. Cy-
rus" said the colonel Dlandly It's a
case where the welfare of the many over
rides the welfare of the Individual, you
see The law provides no recourse for the
individual in such case"
i got done with the law, 1 tell you,'
shouted the old man, t5rcely. "Pm de-
Dendin' on myself nov 1 said, eff the
law couldn't help me, I'd help myself.
I'll see eff they kin run their consarned
trains through my orchard without my
permission. a mans proputty's his own
The amt no law that kin knock that
fact out O. the Ten Commandments
Colonel BowSer accompanied his irate
client to the door. Better be cautious,
Cyrus" he said, as the old man plunged
down the steps. Don't do anything in
hurry Take time to think it over And
remember that i am always ready to adj
wise 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 ar
rayed against his viii, 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 par
ticular reason why it should be denied
this right of way. except that Cyrus had
taken notion not to allow it, The trees
in the orchard had been set out by his
fathers father, and their knotted and
wrinkled trunks and limbs had long since
passed the age of fruit bearing. They
only served to cumber the ground. But
Cyrus would not cut them down and
plant new ones. They were part of the
old order of things. and Cyrus was a con-
servatiye of the conservatives. A peck of
bitter, worm-eaten wIndfaIls from the old
trees were more to his liking thar a bush
ell of sound and toothsome fruit from
younger and more vigorous stock. That
the pert modern railroad should desc
crate his venerable orchard was not to
be endured. 1t went against the old mans
grain; and that grain was exceedingly
tough.
As it happened, however. Cyrus Stack
pole fell into the clutches OF a severe at
tack of infammatory rheumatism soon
after his visit 10 Colonel Bowker's law
office and about the time when the rail-
road men came to grade and prepare the
roadbed across his orchard. The. work
was all done while the old man was
groaning and fuming in bed; and by the
time he got about again the ties and