Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-04-20
c. AND O. CANAL CASE
State of Maryland Tries to Force a
Sale.
TRIAL At HAGERSTOWN TODAY
General Belief That Judge Stake
viii Not Order Sale.
GREAT FALLS PURCHASE
Special Dispatch to The Evening Star

VI REAL Il y LIS L u 1(t IL II
Special Dispatch to The Evening Star.
HAGERSTOWN. Md. April 20.-In the
circuit court for Washington county the
Chesapeake and Ohio canal case was taken
up before Judge Stake today. The petition
Of John X. Cowen and other surviving
trustees praying the court to extend to
MAY l. 1896, the contract under which they
operate the canal argued at length.
Hugh l.. Bond. jr-, and j. Clarence Lane
represented the trustees and Attorney Cen
eral Isidore Rayner the state of Maryland.
Attorney General Rayner urged the sale
of the canal without further delay. claim
ing there had been utter and absolute de-
fault in the execution of the decree of the
court by the trustees. He argued that
further extension of the contract and the
failure of the court to order the sale of
the canal meant the complete annihilation
of the states interest.
Scored the Trustees.
He scored the trustees for failing to make
proper reports To the court, and character
tied the Chesapeake and Ohio Transporta-
tion Company of Washington county as a
myth and a farce. Unless the canal is to
be handed down in perrctuity to the trust
ees General Rayner thought it was the
duty of the court To- order carried int" CT
feet the decree of the court Of appeals.
He regarded the operation of the canal
by the trustees during the past ten lars
as a most disastrous failure, with trafhc
constantly decreasing He thought II the
canal Were kept going until the Judgment
day il would never pay the interest IN the
bonds of 1874 and 1871.
1t is generally regarded that trustees rep
resent all interests. but in the case of the
canal the trustees are hostile to the inter-
ests of the state of Maryland. argued Mr..
Rayner- In his closing remarks he said a
better name for the Chesapeake and OHIO
Transportation Company would be the Bal
timore and Ohio Transportation Company.
Attorney Bond said the states interest In
the canal had been completely annihiliated
in the eyes of the respective attorney gem
erals Of Maryland every time the question
had come UP before the court He said it
was well-known and accepted fact that
the state would never get anything out of
the canal unless twas sold. but he thought
Il had no cause to complain.
Mr. Bond characterized the action of the
state as disgrace, saving its interest had
been temporarily waived in the interest of
the bondnuld"rs. and Yet 1t was constantly
tnjuring the canal by agitating its sale.
Judge Stake will render - written opinion
in the matter.
Think IL Will Not he sold.
The impression prevails among many of
the leading business men of Hagerstown
and western Maryland that the canal will
not pass from the power of those now
managing it's affairs. The petition for the
ratification of the sale of certain property
and franchises by the trustees of the canal
to the Great Falls Power Company for
SI1.on was considered by Judge Stake. who
said he would hold the ratification open
for several days before formally passing
the order.
The sale was Endorsed by the trustees.
and no objection made by the state. At
torney George Whitelock of Baltimore was
present In the interest Of the Great Falls
Power cnrnnanv .InSenh MAJ Ia
formal objection to the sale citizen of
Maryland. He said he represented a syn
Sl0.Wo for the property. Judge Sta e init
mated that he would ratify the sale to
the Great Falls Power Company. but might
place certain limitations on it
Influence of the Railroad.
While the retention of the Chesapeake
and Ohio canal in it's present hands will
mean that neither the West Virginia Cen
trail, the Western Maryland or the Phila-
delphia and Reading railroad companies
VIII very soon have opportunity to Law
rails along the towpath part of the way be-
tween Cumberland and Hagerstown it Is
none the less true. 1t Is asserted. that the
West Virginia Central wants to get a line
of its own from Cumberland. its resent
eastern terminus to Hagerstown. while the
Western Maryland would like to extend it's
lines from its western terminus at Cherry
Run. w Va. on the Baltimore and Ohio.
to Cumberland The Philadelphia and
Reading now runs its own passen-
ger trains into Hagerstown from Harris
burg, thus competing with the Cumberland
Valley. which is owned by the pennsyI-
wanna company between those points. The
Philadelphia and Reading. in conjunction
with lhe western Mary land, is doing en-
Immense freight business between Cherry
Run and points north and east and there
are hauled daily over the Western Mary
land. between Cherry Run and Shippals-
burg. Pa. where it is taken full charge Of
by the Philadelphia and Reading, AN aver
age of loo loaded freight cars So
great has this trade become that the Read
Ing recently constructed a ward at Shin
penshurg which contains fifteen miles of
tracks and the Western Maryland is pre-
Paring 10 lay eight additional tracks in
their already large yard at Uagcrstown
large additions are also to be made to the
rolling stock of the two roads and there
have been purchased jointly 1t is said by
the Western Maryland and Philad alphia
and Reading. forty locomotives of the
largest and latest type most of which are
TO be delivered in Hagerstown in the course
OF q lew weeks They will be used il Is
understood. for the moving of freight trains
exclusively. and will only be operated he
tween Cherry Run and Shippensburg
West Virginia Central Plans
Some of the officials OF the West Virginia
Central who were approached on the sub
1ect replied that there was a time when
their road would have liked to build a
railway on the towpath of the canal but
now their relations with connecting lines
were So pleasant that the original idea had
been abandoned. On the other hand it
Is known that the West Virginia Central
people have bought entire large farms Dor
cering on the canal between Hagerstown
and Nilliamsport. and il is said they have
secured options on great deal of similar
property for much of the distance between
"nilamsport and Cumberland. The COM
pany has also had several routes surveyed
between Hagerstown and Cumberland at
an expense of many thousands of dollars
but the result of each has been, It is
Claimed. 10 develop that the only practi-
cable routes between those points Is via
the tOwpath of the canal. the one now
used hA Raltirr,Ere nd