The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1904-04-19
udge W S. Meredith Is Making Strong Fight For an Open RY
- and rs Backed sBy Public Sentiment
COPIES OF ABROAD. AEFIDAYITS NOT E1T HERE.

lUPlES W AAlLAVAU#.Al1EL' .Al1EL'
eeks For Attorneys to Sub Sub
ssss the Secretary Of War 81 ]
According to the Sarrangemen
made at the bridg hearing hae here
weeks ago, all dence, papers, state;
#sments, maps, &etcs were to, be led
with Captain Sibert bys tod ay.a- -Four
copies shad$to be made of feyeryspap
SUBMIT &, 9one copy tos be retained
blythe attorney presenting it, one lot TOT;
the opposing attorney, one to be kept kept
son f1eS By. Captain sibert an! and on one
& for heSSecretaryEof War ...s5s :sSs5l VI
N othfng new has. yet been sent6sin 81
5stoss Judge Meredith from Captain 81 81
bert's ofhce. He Will likely get some:
interesting copies fromftha end Nd d5%tGf of
the line in a few days. He will have lse
no#opportunity5 to refute: the evidence
Except in his argumen ent. The same s1re
may he said, however, in regard to the
sworn St statements Of about twenty-f five five
Saeading FairmontS citizens The rail-
road company will not. get copies OF
s4heir afadavits in time to Offset them en-
with anyEnew evid They will be
with their agreement. sss S3 ssSS
5sSA AS we understand the case, the citi-4g
EzensS only: have to show the Secretary
az that a reasonable doubt doubt
ssthes bridge is an bstruction- The leS
Seyidence submitted to him is some some
thing like the hearing Of a grand jury; Jury
ssAn #indi ctment by a grand jury does: is9ees,:
not convict a man. He IL led W by
petit jury But in this bridge%quegs
Ssdfon, decision Of the Secretary Ao,ft
wars final and Is made only|!on the
rounds 81 eyond reasonable doubtes
AIt81ooks like the case Will be quickly
sslisposeds Of by the Secretary OF w ar
EsbutSt thereSis nothing half SO delus1NHes
asa dead sure thing.
sSs There seemssto be some mfSunder-
standing as to the method of proceed
Ifnre IL the matter of the bridge con
ts,s,i,yt,l. sttroversy. quite number Of people
Ehaye expressed surprise at the govern.
Ement' calling upon the people Il tos
MAKE any defense Theysg1ve as tnelr5 s!s5
[ reason that after the government has
spent Millions OF dollars on river. I'M, m;
n provement, it ought Ito know its duty
and proceed at once to open the river:
few words of explanation may a:
$sst throw a. little light on the subject
sThe F.,5;M $& P. bridge was built&in
1854 while the law requiring an act
aofaS Congress to give permission to
sbridge slack water was not passed
4 until in 1889. Permission had to be
Eobtained from the Secretary sof w ar
and an agreem entE was made by the
! railroad to raise or remove the bridge
ssupontfh he request of the government.
This seems to have been voluntary
ssagreement on the part of the railroad,
RFand shat the government noWSpso,Hss;ss lp's,ss;s
serIessato enforce it, However,s ,ssaJ bort oe,,,
f al yea. ago5the government author1t@les. @
81 sssdesiring all obstructions removed by
the times the Water was Stacked, ASK ssli
n ed s:the railroad company to comply
with tn eiY5a agree1mont.
fhis point IS where the trouble
sbegan.s3 sVhens the company refused q
sS5 S8Sto raise the b1idge@no further action.
could. be Ftaken by the government
Until Stacked water was actually in
S5ssthe pool N The government couldn't
IS say n the bridge Willsybe an obstrle-
sstion, but $it had to- wait and sag, the
ge Isl an n3obstruction- Only IN
q 5st that way5sou1d "a case be brought and and
4 action ta ken comes under. that OF f3s e.
# ri1ninal Aprocedure; hence both@si ides 1
have tobe heard. 81 ..5s ~ ~ ifS
is no be hoped that at2Severythii1ng IN
viii II Sbe amicab1y settled VI out per-
IN anent injury to the RAILROAD #or the
81 the city's!. sro;Ft u and II q
5Sss St$ 4 Z; "a sSs
PRo RoMINENTss:Fs tRM
sported tos Sc otae $$sFlnaneiall
r. rni isl e.