| From the Alexandria (Va.) Gazette |
| |
| April 15, 1861 |
| |
| The Warren & Hampshire Railroad |
| [From the Winchester Republican] |
| Winchester, Va., April 2, 1861 |
| |
| To William L. Clark, esq.: |
| Sir, |
| The Legislature having failed
to grant us our rights, by denying a right to construct a Railroad to
Strasburg, and thus permit this town to share in the trade of the
Valley, and having thus virtually driven us from their doors, the
undersigned respectfully ask your views upon the measures most expedient
to be adopted to revive the business of this town and our adjoining
counties. |
| Respectfully, |
| Nath'l. B. Meade and others |
| |
| To N. B. Meade, J. B. Taylor & Co., and
others: |
| Gentlemen, |
| IN answer to your enquiry as
to "the measures most expedient to be adopted to revive the business of
this town and the adjoining counties," I reply -- That, without being
able to discern the wisdom of the Senate of Virginia in refusing
to permit its citizens to construct roads with their own means to
develop and improve the resources of the State; or to see the justice
of the action of the Senate in repudiating a measure which has passed
the popular branch of the Legislature twice -- the last time without a
division -- wisdom and justice too deep for ordinary minds
to fathom, I am still fixed in the opinion that we should do nothing
which is not sanctioned by legislation, and it is barely possible
that our Strasburg extension bill was defeated in the Senate because the
astute members of that body were aware we already had sufficient
legislation to effect all the purposes then and there sought to be
accomplished by that bill. At least, this is the most charitable
construction that can be placed upon the votes of the negative Senators. |
| The law on the statute book
entitled, "an act to incorporate the Warren & Hampshire Coal Mine
Railroad Company," is abundant for all our purposes, and is as vital and
fresh this day as it was when first passed by the Legislature. |
| The first section provides,
"that for the purpose of constructing a Railroad from a point on the
Manassas Gap Railroad at or near the forks of the Shenandoah river in
the county of Warren by way of Newtown {modern
Stephens City} in the county of Frederick, and Romney in the
county of Hampshire to Paddytown or Piedmont {both
in modern Mineral County, WV} it shall be lawful to open books of
subscription to an amount not exceeding one million and a half of
dollars," &c. |
| The second section provides
that, "when one thousand shares of stock are subscribed, the subscribers
shall be and are hereby incorporated into a Company by the name and
style of the Warren & Hampshire Coal Mine Railroad Company, and shall
have all the powers and privileges conferred, and be subject to the
restrictions and regulations imposed by the Code of Virginia, and of any
law amendatory thereto, except that neither the Company hereby
incorporated, nor the Winchester & Potomac Railroad Company shall have
authority to connect with each other by the construction of any branch
Railroads or other lateral Railroads or otherwise." This restriction has
been removed by a general law. |
| The third section provides
that, "the Company hereby incorporated may, at any point east of
Paddytown, connect their road with any Railroad which may be made from
Alexandria to Paddytown" when such road "shall by a branch be connected
with the town of Romney." |
| The fourth section provides
only for rates of charges in the case in intersecting Railroads, and
these four sections constitute the whole law. |
| The Alexandria, Loudoun &
Hampshire Railroad Company makes Winchester a point on their road from
Alexandria to Paddytown, and it is so provided by their located line, by
their contract under the subscription by the town of Winchester, and by
the provisions of the act of the Legislature, passed March 25, 1858, in
these words: "The said Company (A. L. & H. R. R. Co.) as soon as it has
means applicable to the purpose shall cause a survey to be made through
the county of Hampshire in or near a direct line from Winchester
to the western terminus of their road; and said company shall make its
road through that county by that route, which, after proper surveys,
shall be deemed preferable, having regard to the shortness of distance
and cheapness of construction." |
| The A., L. & H. R. R. Co.
must thus run its line from Winchester. The Warren &
Hampshire Coal Mine Railroad Company starting on the Manassas
Railroad makes, by its charter, Newtown a point, and from Newtown is
necessarily driven to Winchester. First, because Winchester is the
nearest point from Newtown to connect with the A., L. & H. R. R.;
secondly, because the localities are easiest for grading; and, thirdly,
because that company, (the A., L. & H. R. R. Co.,) can distinguish
in its charges of transportation at all points of their road
except Winchester, and thus frustrate all the advantages of the
connection by making their through rate a low as their charge to the
point of connection. This could not be done as to Winchester, as appears
by the second section of the law passed on Feb. 26, 1856: "Be it further
enacted, that the Alexandria, Loudoun & Hampshire Railroad Company shall
not charge any greater proportionable rate for transportation of
passengers and tonnage from the terminus of said road at the coal fields
to the town of Winchester, than shall be charged from said terminus to
Alexandria, reference being had in the estimate of the proportion of
charge to the relative cost of construction of the sections of said
road, west of Winchester and of the whole line. And, moreover, the said
company shall permit the Winchester & Potomac Railroad Company to
connect with their road at some point in or near Winchester for the
convenient transfer of tonnage and passengers passing over either to the
other," and this law was formally accepted by the stockholders of that
company. This amendment to the charter of the A., L. & H. R. R. Co. was
prepared and written by myself t protect the town of Winchester from any
excessive charges by that company, but it now mot opportunely protects
the whole country through which the Warren & Hampshire Coal Mine
Railroad ma pass and its connections. |
| Thus, it appears, that the A.,
L. & H. R. R. must, if constructed, make Winchester a point both
by contract and law, and it being a Railroad made or
intended to be made between Alexandria and Paddyton, and the Warren &
Hampshire Coal Mine Railroad Company having a legal right to connect
with "any Railroad" made between Alexandria and Paddytown, and being
compelled to make Newtown a point, necessarily comes to Winchester to
connect with the Alexandria, Loudoun & Hampshire Railroad, or if this
latter road is not made, to pursue its won course to the coal fields,
there being a right, but no obligation, to connect. |
| Having constructed this road
from "a point on the Manassas Railroad, at or near the forks of the
Shenandoah river" to Winchester, about eighteen miles; or pari passu
during the construction, it is perfectly competent to make a branch from
or near Newtown to Strasburg, being less than ten miles, under the
general Railroad Law, all Railroad Companies under that law having a
right to construct branches not exceeding ten miles in length. |
| We shall thus conduct
Winchester by Railroad with all its former associations of Warren, Page,
and Fauquier, and by the branch to Strasburg with our true and trusty
Valley friends, the only matter to be deplored being that, we are
driven to tap the Manassas Railroad at two places instead of one
point, an additional expenditure -- compensated, however, by the fact
that we shall confer as many and as important benefits as we receive. |
| In addition to the revival of
trade in this locality produced by the building of the Warren &
Hampshire Coal Mine Railroad, its construction will invigorate our
energies to force on the A., L. & H. R. R. to the Coal Mines, or, if
that company should fail in its enterprise, (which can not transpire if
its able and energetic President is properly sustained,) yet, if such an
event should occur, this Company will assuredly reach the Coal fields.
Coal can be delivered over a Railroad at this place for two dollars per
ton, nett, including cost and transportation, at rates at which it is
now transported over other roads, and this because it furnishes
permanent freights. It would save fifty per cent. of the
expenditures of our citizens in the single article of fuel, to say
nothing of Manufacturing purposes. It would furnish coal to the whole
valley, as far as Harrisonburg, and, perchance even to Fauquier, beyond
the Blue Ridge. |
| If this programme of
improvement, as I have detailed it, is carried out, we shall retrieve
the great error of 1850-1 when an act to extend the W. & P. R. R. could
have been obtained without any difficulty. We shall multiply and
strengthen our social and commercial relations with a sister city now
distant and cold in all her bearing; we shall rescue ourselves from the
ostracism of the Senate; our business will revive, our property will
enhance in value, and if the counties, towns, and individual citizens
subscribe to one-tenth of the amount, will they be benefitted, we shall
quickly save the charter from any future frisky legislation, construct
the road and reap our rewards. |
| W. L. Clark |
| |
| Since writing this reply to
your letter, I have deemed it expedient to fortify my position by the
opinions of the most eminent counsel in this part of Virginia, who can
have no local interests or attachments to affect their judgment. |
| |
| Winchester, Va. |
| April 3, 1861 |
| To Edward E. Cooke, Esq., and Andrew Hunter |
| You will please forward to me
promptly your opinion in writing upon the act of the Legislature of
Virginia, passed the 24th day of February, 1853, entitled an act to
incorporate "the Warren & Hampshire Coal Mine Rail Road Company," and
inform me whether that act is now available for the purposes for which
it was enacted. |
| Your obedient servant |
| W. L. Clark |
| |
| Charleston, Va. |
| April 3, 1861 |
| To William L. Clark, Esq. |
| Dear Sir, |
| An Act was passed February 24,
1853, incorporating the "Warren & Hampshire Coal Mine Rail Road
Company," for the purpose of constructing a rail road from a point on
the Manassas Gap Rail Road, at or near the Forks of the Shenandoah
river, in Warren county, by Newton and Romney, to Paddytown or Piedmont. |
| I am requested by you to give
my opinion, whether that act is still in full force and validity,
notwithstanding the fact that it has not been acted upon to this day. |
| There is no clause in the act
limiting the time for the construction of the road, or for the
commencement thereof, or in any other respect. |
| I have examined the revised
Code of 1849 and can find no such limitation in the general laws, on the
subject of railroads or works of internal improvements. I have also
examined the volume of session acts of 1852-53, in which the above act
of incorporation is published, and find that ten rail road companies
were incorporated at that session of the Legislature in which there are
limitations of time either as to commencement or completion of the
roads, and I find five acts in the same volume incorporating rail road
companies, in which there is no limitation of time, for the commencement
or completion of the rail road. |
| It is to be necessarily
assumed that our Legislature acts wisely and with a purpose in all its
enactments; and when we find that by its legislation, it grants charters
to some companies with such limitations, and to some without limitations
of time, we are to conclude that its action is to be construed according
to the letter of its enactments. Independently of the above view, I
consider that the charter of the Warren & Hampshire Coal Mine Rail Road
Company, is now in full force and validity, taking the charter alone as
our guide, and that the persons appointed by it may proceed under its
provisions, and take all the steps to carry it into execution which they
might have done at an earlier period of time. |
| Edward E. Cook |
| |
| Charlestown, Va. |
| April 8, 1861 |
| To William L. Clark, Esq |
| At your request, I have
examined the question referred to in your letters as to the
continuing validity of the act of Feb. 24, 1853, incorporating the
"Warren & Hampshire Coal Mine Rail Road Company," and am fully of
opinion that said act of incorporation is still in full force and
virtue. |
| I doubt not that from the
character of the work it was not contemplated that it should be entered
upon at any early day. And for that reason, any restriction as to the
time of commencing the work was omitted. |
| No such proviso as to time
having been inserted, I am entirely clear that it is now competent for
the Commissioners named to open books of subscription. |
| Andrew H. Hunter |
|