Smyrna times., 1901-08-28
Stackpole's
Stump Fence
Old Cyrus Lucky Escape From
the Recoil of His Own Hate.
BY JAMES BUCKHAM.
.~..-~s.%.-%-.~..-~%."%.%-.~-"~..-


Bowker. "The law seems to be pretty
clear on the subject. When the state
grants railroad a charter and a town
grants it the right of way, the railroad
company can take at Il fair appraised
value any property lying in the line of
it's 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 our appraisal
It's no use for the owner to protest.
The law can do nothing for him. If
there was a ghost of a chance to fight,
Cyrus, I'd be glad to do what 1 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.
'Then eff 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. IN see
eff a man kin be robbed of what's ben
hisn for 80 year and ben in the family
for mOre'n a hundredv'
81 hope you won't do anything rash,
Cyrus" said the colonel blandly. It's
a case where the welfare of the many
overrides the welfare of the individual,
you see. The law provides no recourse
for the individual in such a case"
81 got done with the law, tell ye!
shouted the old man fiercely. 'Pm de-
pendin ON myself now. l 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. \ mans proputty's 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 il
over. And remember that l am always
ready to advise you on any point thai
may come up"
Cyrus Stackpole drove home in {
blind rage. He was one of those ole
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 bounC
and determined that the new railroad
should not pass through his orchard
There was no particular reason why i
should be denied this right of way ex
cept that Cyrus had taken notion no
to allow it. The trees in the Orchart
had been set out by his fathers father
and their knOtted and wrinkled trunk
and limbs had long since passed tn
age of fruit bearing. They only serve
to cumber the ground, but Cyrus woul
not cut them down and plant new one:
They were part of the old order @
things, and Cyrus was a conservativ
of the conservatives. a peck of bite
worm eaten windfalls from the oil
trees was more to his liking than
bushel of sound and toothsome fru
from younger and more vigorous stool
That the pert modern railroad shOul
desecrate his venerable orchard wa
not to be endured. 1t went against ii
old mans grain, and that grain wa
exceedingly tough.
AS it happened, however, CyrI
Stackpole fell into the clutches of S
we're attack of inflammatory rheum
\ tism soon after his visit to Colon
Bowkers law office and about the tin
when the railroad men came to graz
u and prepare the roadbed across
orchard. The work was all done whi
the old man was grOaning and fumiI
In bed, and by the time ne got abo
al again the ties and rails were la
through his orchard. Then the fir
train came along, roaring triumphar
ly and vomiting black smoke ov
8 what remained of the ancient apr
# trees.
z Upon this Cyrus bestirred himse
though physical exertion still sent c
cruciating pains through his join
The regular passenger train schedI
I'll Aau OeeH III OpeIdllOn just d udJ WI
he began to do for himself what t
law could not or would not do for hi
At 3 O'Clock on a Tuesday afternot
his wife having driven to the villa
Cyrus hitched up yoke of oxen a
began to drag stumps from the stul
fence on the north side of the orcha
Z TO the railroad bed. He chose the
gest and soundest and toughest stun
he could find and by 6 o'clock ha(
formidable fence built across the II
road on the exact boundary of
orchard. The roots of the stumps b
tied in the direction from which
next train would approach. the tr
from Wilmington, due to pass al
o'clock IN the evening. Should a Ia
motive strike those formidable ro
the butt of the stump would only