Pioneer press. [volume], February 14, 1914, Image 1

About Pioneer press. [volume] (Martinsburg, W. Va.) 1882-19??

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;? STABLISHED 1882, MART1N3BURG, W. Vam THURSDAY, FEBRUARY 12, 1914. VOL. 32 ? N"0< 50
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ln-.por^2:rl Decision Tvionday Afternoon
Supports Co.ite.-.iion of Railway
Company and Means Another F.ail
road for Mart ins burr;?Plaintiff Up
held Throughout.
Judge Hubert \Y. Dailey, of K m
uey, wiiiD sat in the case of the Y/il
llains.joi... Ne..sie and Murtiiisbarg
Itai! way Company vs The Standard
Inline & Stone Company rendered an
opinion Monday aiternoon in which
he decided that {lie railway company
ha:; tlie ri.'iht lc> condemn the land;
r; (!c!\ ?. ! n ; an 1 build and op
erate a railroad.
The decision was oral, the court
saying that the respondents held tli??
railroad company was not legally or
ganized and has no legal exls.on ? .
Tin* court held thai the railroad. c< ?:?
pany is a leg-l . r . ni/.nt ion: hat 1'.
has complied with the law in eve ry
particular, and, therefore, has a
right to condcinn the lands.
The court said that the respon
dents had alleged it was impossible
to agree upon a price for he right- j
of-way. Of course ?.here had been a i
disagreement in th~t. particular, hu* j
such could be fixed. I
If the organization was not leral
i* would have no ivr'nt to take * ?
land, becvi! e IV.f>;-\ad would r.nt '?
for a publi-c purpose.
After these statements ro' "
decided. CM It is n legal corpora
tion. and :-\r. such it. wes permitted '.o
condemn ?'he land, build the r~ad and
operate it as planned; (2) it lied
been shown that the Western Mar*',
land railroad is in nowise connected
Willi t.hls read; f.'iaf it is a separate
corporation and desires 'to reach an
undeveloped field and build a road
to this city, and use it. for public pur
pose.
The court said that the Pittsburg
Limestone Company had wanted t.hr?
Western Maryland railroad company
?o build this road so their holdings
could bo worked, and having failed
appealed to the new company for re
lief, which was sufficient to show
that the new company desired to
build the road for the public good.
Then the court discussed the ques
tion as to whether or not the railroad
company had a right to condemn.
After reviewing this feature of the
case at length the court held it had
the right to condemn as it was a leg
I'.imate corporation and proposed to
build and operate a railroad through
that section of the county for the
The court also held if the railroad
company does not operate the road
i\s planned then the s'.ate would have,
to interfere and take a hand.
At the conclusion of the opinion
Col. Forrest "VV. Brown, of Charles
Town, representing the defendant,
gave notice of an appeal. The court
held there could be no appeal until
the commissioner's report, had been
filed. 'Tills opinion was concurred
In by Messrs. Clarence E. Martin and
Nelson Hubbard, for the railroad com
pany, and many authorities were clt
ed to sustain. Col. Brown contend
ed he was right, and said the statute
allowed thirty days for an appeal, but
they would prefer sixty days as the
record was very voluminous and 1t
would be impossible to oom.plete the
work in less tWne.
Mr. Martin argued the defendants
had no right to appeal, because that
meant a great delav in the work
and they were anxious to proceed
Judge Dally thought forty-flve days
would be sufficient time, but It was
agreed the plaintiffs should have
/.Mi Begin February and Continue
T r:\ Dayz?Prominent Speaker?
on Program V
Tim Wesi Virginia &ood Roads \$
relation will convene at Moigantown
on I'ebruary 10th at 10 a. m. for cn??
day. and will be composed of all per
se n 3 interested in Hip good roads
movment in the state, it wi'l be
addressed by prominent speaKfcr.i.
The jjocd roads association will bo4
v.r.rlh ultending and any person from
c.untv who can is-pare the time
sJumkl do so. I
On 1 he same date the school oi
rood roads, at the university will
nnen with a 20 nays course February
to 20. On the lecture course are
Professors A. II. Blauchard, Coiuni
bi i University; F. H. Eno Ohio
9
State University; D. 13. Luten and
othr?r lecturers of national reputation, j
rha road school will he of vast im-'
MurtMvce to any one taking the course, j
!t will ho free and the only expen^o !
ai Inched will be the necessary trav-j
e::prnso and board. Persons ex- J
pecting o attend the road school
should notify the State l^oad Bureau
A CIGARETTE CURE.
?Chicago Reconl-rioral'l.i
The .-.{irate of silver treatment ;?
e cigarette hnb't. tin* disc
ri'Icnr .) physician, has jus; b'
von i!" i" ?->. ;r'.a! on -j l:1
io;,;r b'tw. The ov^^rlin^n! .tr,r
I! ,I.C(
\T. ? J. Abcut. a hundred boys .awe
!>al their throats owabbed with a
weak solution of nitrate of s'lvei' by
.aysicians connected with the local
health department. The cure fur
ther includes the chewing of gen
tian root between meals and a fort
night's supervision of diet. All the
boys treated report that they have
not resumed smoking. The Hoeolt
en "recorder," thus encouraged, an-!
nounces his intention of holding aj
cig&rette clinir once a week and of:
pushing a campaign among the pub- j
lie schools of the city for the wider
spread of a treatment the efficacy ef
which he considers fullv demonstra
1
ted. The new cure, it is claimed,
banishes all desire for nicotine in
from three to six waeks. Let us
wait and see while agreeing that a j
treatment that promotes juvenile j
health and diminishes a tendency to j
petty crime deserves to acquire cur-!
rency all over the country.
Oil Man Killed.
NEW MARTINS VIL/LE, Feb. 3.?
Friend Francis, formerly of this city,
but now of Folsom, was instantly kill
ed when he had the misfortune of
falling from the top of an oil der
rick on which he was working. Mr.
Francis is 'the brother of George W.
Francis, ex-assessor of the north end,
who was called to the scene imme
diately after the accident occurred.
Commencing Monday morning, the
mechanics and laboring forces in the
Mount Clare Shops of the Baltimore
and Ohio Railroad went to work on a
full-time basis of six days a week.
All shops in the plant, including
the erecting shop and . the depart
? *
ments where locomotives, cars and
other railroad equipment is repaired
have their full complement of men.
Officials of the company said this
^morninjf in response to an inquiry
lhat the shops will be continued on
full time for the next two weeks at
U'ast, and that it is likely that the
sr. me schedule will be continued the
whole month.
About 2,500 men are employed at
Mount Clare when working on the
schedule resumed Monday.
FUN TREE SHAKEN
Gsveral New Appolntmanta Announc
ed From S*ate House by Chief
Executive \
<vonicr Hutfleld hu^ announced
thtr following apj>ointments:
Harry. E. Klesher, re-appointed su
perintendent industrial school for
boys at Pruntytown; J. W. Lynch,
of Monroe county, Democratic mem
ber of state road bureau; Dr. Elijah
10. Clovis, re-appointed superintendent
of the state tuberculosis sanitarium
at Terra Alta; R. L. Calfee, of Sum
mers county, member of the state
board of embalmcrs to succeed John
Barlow, of Kanawha county; Jules H.
Zilliken, of Wellsburg, reappointed
member of the siate "board of opiome
try, and N. Carson McNeill, of Poca
hontas county, re-appointed member
board of exauniners of accountants.
JUDGE CULLEN'S WARNING
( Mow York World.)
vYI.ien a man so eminent as tiin ven
erable Edgar Montgomery Cullen, un
til recently Chief Judge of the New
York Court of Appeals, asserts nhat
personal liberty in this country is in
danger, there is at least an invita
tion to reflection.
Personal liberty is not menaced in
this country by conquerors or kings.
!t is assailed by misguided sections
of the people having faith in the
omnipotence of law, by timid legisla
tors and by Courts thut yield to clam
or or influence.
In West Virginia, martial law in
time of peace; in the State of Wash
ington, martial law proclaimed by a
girl stenographer; in various States,
laws intended to deprive the press
of liberty hitherto recognized almost
universally; in Minnesota, an at
tempt to say who shall engage in the
business of barberlng; in Wisconsin,
a law of "eugenics" calculated to re
strict the right of honorable mar
riage; in dozens of States, licenses,
fees and regulations to make difficult
the pursuit of certain occupations'* in
many places, so-called public health
laws that are nothing else than dis
criminations against certain people
in behalf of others more powerful;
in States and nation, taxes like that
on oleomargarine, designed ?to help
competitors; everywhere in this
country, restrictions upon transients
advertising bankrupt sales; monopo
listic laws for physicians and nurses;
excessive punishments; the denial of
the mails; the long ballot and the
short ballot, intended to defeat the
voter's purpose; prohibition; anti-to
bacco, and what not?'these, all typ
ical of many others, are only a few of
the invasions of persoftaJ r liberty
which are in all places notorious.
Judge Cullen speaks by authority.
He has been a Judge in this State for
more than a third of a century, ifi
his honorable retirement he warns
his fellow-citizens tha^t their personal
liberties are in danger,/.arid, distin
guished as his career has been, he
never performed a greater public ser
vice.
Awful Tragedy.
PARKERSBURG, Feb. 3.?The bod
ies of Mr. and Mrs. Farvfll Hopkins,
of CMncinnatl, were taken from the
Kanawha river yesterday. Sunday
their wraps were found In an alj but
destroyed motor boat, and it was
thought that the engine had explod
eo, precipitating them into the water.
The sluthorities ordered the river
dragged, and the bodfes were brought
<1o the surface early today. Hopkins
and hia wife had been visiting at Crou
ton for the past week.
PETITIONS BE
OF LEGISLATORS
Great Effort Being Made to Save the
Senator and Four Members of First
House From Serving Their Sen
tences in the State Penitentiary.
Petitions Have Reached This City.
Friends of the convicted members
of the state legislature, who will
within a short time, unless pardoned
he taken to the state penitentiary and
enter upon their sentences, have ap
pealed to Governor Hatfield for par-'l
dons. Petitions are being circulated
throughout the state, and undoubted- j
ly thousands of people, irrespective
i
of politics, will endorse this move- !
n.ent.
Accompanying the petitions, which
have been received hc>re, is the fol
lowing letter:
"Webster Springs, W. Va.,
"Feb. 4, 1914.
"Dear Sir:
"We beg lo enclose, on behalf (f
the citizens of Webster, in svb-.ch '
county the defendants w;ere t'rldl, a j
petition for the fin mediate pardon of
Senator Smith and Delegates Rhodes, I
Hill, Asbury and Duff .
"This petitisn comes not from the
defendants, but you are asked to
sign and circulate it on ouhalf of an
overwhelming majority of cur citi
zens, who are signing 'hem In the
hope that the governor will act fav
orably and without delay.
"We desire that these petitions bo
returned within 35 days, if possible,
to W. S. Wysong, Webster Spring?,
and they will be presented to the
governor. Have signers append their
respective postofflces, and of course
you will understand that signatures
of ladies will be appreciated.
"The people of "Webster county
thoroughly understand these cases,
and the methods used by the prose
cution to obtain conviction and feel
that for these and other reasons, the
defendants should be set free.
"If, for any . reason, ' the petition
cannot be circulated by you, kindly
hand it to some one who will.
"Very truly,
"C. S. HARPER."
MACHINIST DIES
William Kearns, of Berkeley 8prings,
Lives Only a Short Time After
Operation.
William Kearns died Monday morn
ing at his. home in Berkeley Springs,
following an operation. Several
weeks ago Mr. Kearns had an oper
C*t. ,
atioh performed on his nose at a
Cumberland hospital. On his way-he
contracted a deep cold and blood pois
on dev^lo^ed, and he survived only
a sbQDLtirhe. For "''feflght. years Mr.
Kearns was connected'with the navy
as an expert machinist, and made a
tour of the world. Upon his return
homo he became associated with a
sand company at Berkeley Springs
and was working as a machinist when
taken ill. He was 28 years old.
The deceased is survived by his
widow, parents, Mr. and Mrs. J. W.
Kearns, and *two brothers and two
sisters.
The way Mr. Whitman has been s#
ing after those bank accounts prob
ably makes a good many personi
glad he is not the income tax colteo
tor.?New York Herald.
i >*? T )
I
First Section of Four Carries Several
Companits Bound for the
Big Ditch
Following along in the line of thc|
movement of troops to the Panama
Canal itone, this morning the first sec?
tion of No. 4 on the B. & O. carried^
only uniformed men.
The train was In chargo of Con-*
iluctor A. B. Rockwell, and was drawn,
by engine No. 2168 with Engineer
Win. II. Howard at the throttle, and
vas made up of four cars. Owing:
to delays -by some trouble on the sev
enteen mile grade, weBt of Piedmont,
the train was running late and did
Hot arrive here until 6:40. The sol
diers had entrained at Jefferson Bar
racks,,. Mo., and wore well tired out
by their long ride. They will embark
from the port of New York to com
plete their journey to the pestilent
breeding region In the tropics.
MAY BE LA?T PARADE.
Now York Hibernians to Make This
St. Patrick's Turnout Notable.
Believing that home rule Ln Ire
land will become a fact before
another year passes, many prominent
members of the Ancient Order of
Hibernians are of the opinion that
March 17, St Patrick's day, will
mark the end of the annual parade
on 5th avenue, New York. With
home rule in force many members of
the order feel that there will be lit
tle necessity for holding the parade,
which has been an event in this city
for fifty years.
This year, however, the Hibernians
plan to eclipse all previous efforts
to make the parade a notable occa
sion, and officers and committees
have been appointed to have charge
of tli? festivities.
IE
Winchester Youth Arrested Here and
Taken Home to Face
Accusers.
Clarence Brathwaite^ a young man
residing at Winchester, was arrested
here Wednesday night by Policemen
McDonald and Blake on a warrant
sworn out by Justice Gibbs of hit
home town, charging him with seduc
tion.
Thursday morning Policeman New
Ian, of Winchester, came here and
took the accused back vith him.
Brathwaite has been here only a
few days and had skipped out when
he got an inkling that serious charges
would be preferred against him.
CANADIANS PAY DUTIE8.
(Philadelphia Record.)
The leavening effect of the Under'
wood tariff is shown In the adoption
by a convention of Alberta farmers,
by a vote of 700 to 1, of a resolution
that "It is the opinion of this union
that it would be beneficial to the farm*
ers of the Western Provinces to hav*
free trade with the United States In
grain and farm Implements." Both
this country and Canada have bene-/
flted by the lowering of the tariff
bars, but the farmers of the grain
growing provinces believe that It
would be still more to their advant
age If they could secure American
farming implements without paying a
heavy duty upon them. It is obvious
that the American manufacturer
would thus have an enlarged ittarlcet
for his articles and that his em*
ployees would benefit accordingly.