Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1907-01-24
A Sketch of the B. $40. Railroad In Ref
erence to County Road at Harper'S Ferry.


EDITOR REGISTER Il read several articles in the
daily papers about the b. & o. Railroad and its
methods so | thought would look up some Of It's
history and as might be interesting 10 the people
OF Jefferson, will give you a sketch The Baltimore
and Ohio Railroad chartered in $50 by the Leg
slature OF the State of Marylan and by the Assem-
bly, Of Virginia on March 8, 1877 ] heard pIomi-
nent attorney say Il was very limited, and for the
purpose Of building and operating a railroad 1t was
built from HsTpers Ferry in 1890 The Cit
liens had fight then keep il from obstructng the
public road from Peachers Mil TO HarpeTs Ferry,
and they tried it again IN 1867. The people were
victorious in both bates-but will they be this timei
The road referred to was opened 1895 and S.
Moore first road surveyor, he the father Of
A Moore, IT.. of Berryyille. Va. and Daniel Moler
was appointed road surveyor when NJ. Moore moved
from the county. The U S, Government assisted in
building this road. and gave il to Virginia
In the year 1879 the town of Harper'S Ferry was
incorporated by the Circuit Court and extended its
corporate limits about one mile further west-o the
u. S. Government line about 200 feet west of the
little tunnel article in your paper, stating
that the would close this road if the railroad
would give the bridges across the rivers the town.
but as this road was worked as public road by the
county before 1874 under acts Of 1887 and the de-
cision Of the Supreme Cour; in 29th West Virginia,
when IL ceases 10 be street il goes the county
for public road As the B. & o. owns the land on
the south side Of lis pr sent tracks il cannot use the
right of eminent domain to take this public road
Ii would be less expense for them build her third
track il. which would "be private gain to the
stockholders" All the Courts have decided this
cannot be done. And for the y. & D to use the
charter Of the Cherry Run and Potion c Valley
Railroad would be violation Of the laws and con-
stitution of West Virginia The charter grlnted
10 the Cherry Kun and Potomac Valley Railroa I in
1892. and as the law requires railroad to complete
its construction in ten years. its charter expired on
June 8, 1907. The fact IS 1t never had a complete
charter as required by aw. heard il reported that
the attorney for this Railroad told the County Court
in December that the comp ny would never build
this railroad. In 1907 a petition Of z5o 900
names was presented 10 the County Court prevent
the obstruction of this public road and the court
said they would not allow il TO be INSTRUCTED
In May term OF court. 1908, petition for a water
right at Keep Tryst public landing was presented
Ii granted by the court and entered in law order
book. On petition Of the railroad attorney an extra
meeting of the County Court called on Septcm-
Der a3d for the purpose of passing an order for the
Cherry Run and Potomac Valley Railroad to close
this road, and on September IS, 1903, an order
entered in law order boo blythe court allowing them
20 close this road for months and consented for
road to be built fifty feet out in the Potomac
river, which is the State OF Maryland under an
agreement made in 1876 by West Virginia and Mary
land The road is to be 20 feet WIDE instead Of
80 feet as required by law, and il is have wall
fence on outside next river The cheapest fence
would be barb wire, and that is what they would
get ust TO think-a nice road fifty feet out in
the river with a railroad on side and barb
wire fence on the other, and road only feet wide,
and the change IS = make it LOO feet parallel
case is cited IN 29th w. Va report where a railroad
changed road out in river and not of proper 18th,
and the people objected. and the railroad was fined
for cry day the objection existed. The law
quires that three weeks notice shall be given by
posting notices in public places in district where the
change is to be made. The W. Va report and
Hutchinson W. Va. treaties state that any road chang
ed by order of court without notice" is a police
measure and can only be earned out IN time of war,
not IN time Of peace Any citizen have it set
aside at some future term OF court
The watering I" at Keep Tryst public landing
was taken away from the people without any notice,
and without an order being entered IN the records
when the action taken In August. 1904. a pc
titlon Of 80 taxpayers Of the district was presented
for rehearing of order entered in law order book
on September IS, 1903 twas granted. and set for
the next term Of court The court has been asked
TO hear the several times. but the railroad
torney always got II postponed. The rights of the
people have been taken from them without process of
law, which IS guaranteed all citizens by the con-
stitution OF the State of West Virginia Under the
road laws of 1884, and reenacted in 1887, the board
Of road surveyors was incorporated and has the
right to sue and be sued | believe this makes the
surveyors trustees for the peole in all county roads.
and as the surveyors are under bond aud are re-
sponsibe to the people for the road Harpers FeI
ry this law adopted by the of the people.
Three members of the county court have been
elected by the people since September IS, 1903 and
/ believe they are not in sympathy with the order
granted. We have heard the county attorney was
not favorable to the order September as, 1908
will close for this time as have space to write
further.
CITIZEN