Western liberal. (Lordsburg, N.M.) 1887-1919, 1901-09-20
StackpOle's
Stump Fence
old Cyrus Lucky Escape From
the Reeoil OF His Own Ffste.
by NJ BUcKHAM

Bowker. The law seems to be pretty
clear on the subject. When tho state
grants n railroad a charter and a town
grants II the right or way. the railroad
company can take at y faIr appraised
value any property lying In the line OF
ats survey, provided the owner refuses
20 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 10
The company, We give you the right to
appropriate that land at our appraisal
ATS no use for the owner to protest.
Tho law can do nothing for him. III
there was a ghost OF 4 chance to fight,
Cyrus. ia be glad 20 do what / could
Tor yoa. But a lawyer cant 10 any.
thing when there's nc 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 lmpOtent rage, sat In a rick
ETY. armchair ON the other side OF the
table. His chin quIvered and his thiA
lips kept opening and shutting as the
BchtOE NlAAABe AdWyeE SPOKE.
Then ef the law can't do anything
for me I'll DO II for myself" cried the
old man. bringing his withered ast
down OF the arm Of the chair. "In zee
EFF a man kin be robbed OF what's ben
hls'n for 80 year and ben In the family
for more'n a hundredF"
u hope you won't do anything rash,
Cyrus" said the colonel blandly. "Its
n case where the welfare of the many
overfides the welfare Of the individual,
you see. The law provides no cours
for the individual in snch a case"
II got done with the law, 1 tel YEP
shouted the old man Aercely. "i'm de-
pcndin on myself now. l said ef the
law couldn't help me ia help myself.
Ill see ef they kin run their ~coHsarned
trains through my orchard without my
permission A mans proputty's hl8
own. The amt no law hat kin knock
that fact out O. the Ten Command
ments."
Colonel Bowker accompanied his
irate client to the door Better be eau
tlOtIs, Cyrus" he said as the old man
plunged down'the steps. Don't do any
tulnb III u uuETys Ldhc NlmC W luluA IL
OVer. And remember that / am always
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
eeeiBed to DO 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 1t
should be denied this right Of way ex-
cept that Cyrus had taken a notion not
TO allow II. The trees Ia 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 cumbeF the ground. but Cyrus would
not cut them down and plant new ones.
They were n part OF the old order Of
things, and Cyrus was q conservative
Of the conservatives A peck OF bitter.
worm eaten windfalls from the old
trees was more to his liking than a
bushel OF sound and toothsome fruit
from younger and more vigorous stock.
That the pert modern railroad should
desecrate his venerable orchard was
not to be endured. II went against the
old mans grain, and that grain was
exceedingly tough.
As Il happened, however, Cyrus
6tackPOle fell into the clutches OF a Sc
we're attack OF lDfammatory rheuma-
tism soon after his visit TO Colonel
BOwkeIa law office and about the time
when the railroad men came 10 grade
md prepare tho roadbed across his
orchard. The work was all done while
Sbe old M was groaninR and Tuning
IN bed, and by the time be got about
aRain the ties and rails were laid
through bis orchard. Then the fret
~ and vomiting black smoke over
what remained Of the ancient apple
trees.
Upon this Cyrus bestirred bImSelf.
though physical exertiOn still sent ex-
circulating pains through his Joints.
The regular passenger train schedule
had been In operation Just a day when
be began TO do for himself what the
law could not or would not do for him.
AZ 8 O'Clock on q Tuesday afternoon,
his wife having driven 10 the village,
Cyrus hitebed up n yoke OF Oxen aud
began 20 drag Stumps from the stumU
fence on the north side Of the orchard
80 the railroad bed. He chose the lar
gest and Soundest and toughest BtumDl
be could ind and BY Q o'clock had .
formidable fence built across the rail.
road On the exact boundary Of hil
orchard The roots OF the stumps bFiB
tied IN the direction from which The
next train would approach. the train
from Wilmington. due 70 pass At
O'Clock ID the evening. Should q loco
motive stFike those formidable rootl
the butt Of the stump would only b
driven nEfnt Into the ground. Some
thing would nave 10 stop o. Bmssh, ard
Cyrus felt couAdent that Il would mol
~ the stump
~ vas several minutes past 9 wben
'the horn Sblsw fer supper. Cyrus wal