‘I to “abstain from any farther proceedings in re-

vwhich he was making his si’ir.vey, was disap-

f asks the Legislature to remuneratehim, but also

I tendin

.» approval of his plan; or did he intend to act in

. of the committee, they say, “ f it be admitted

Anvooa

     

made on a uniform plan ; that they preferred the
plan adopted by Mr. Hutchinson, and that he
must proceed no further in his,survey, until the
difficulty which had arisen was adjusted. a ‘Not-
withstanding this notice, Mr. Trumpbour, in the
month of May following, announced to -Mr.
Seymour his intention of , recommencing the sur-
vey; he was again reqirested by Mr. Seymour

lation to it.” In defianceof the directions ofthe
Canal _Commission_ers, andbin defiance too of the
fact within his own kiiowledge, that the plan on

proved of by the Canal Commissioiiers and the
anal Board, he continued his survey; and after
this period he surveyed one hundred and seventy-
seven miles of canal, for which he now not only

for his expenses in employing counsel, and at-
% on the Legislature to further the allow-
ance 0 his claim, amounting in the aggregate to
a larger sum than the appropriation. _ 1'

Although Mr. Trumpbour, as he alleges, may
have commenced his survey the first season in
good faith, and under the impression of an im-
plied contract; ‘yet weiconceive that there is no
possible apology for his having persisted in coni-
pleting his survey of that part of the canal ‘allot-
ted him by Mr. Hutchinson, after being apprised
that the plan adopted by him was objected to by
the Canal Commissioners and the Canal Board,
to whom exclusively the statute'committe'd the
decision of that point. Could he have supposed
it practicable to coerce the public oflicers to an

defiance of their opinion, and refer his claims to
the Legislature? Events ‘subsequent to this stage
of the transaction, clearly show -that the latter
eourseiwas intended. V V ' .

Memorials from Mr. Trumpbour and Mr.
Hutchinson were presented to the last Legisla-
ture; these, with a report from the Canal Board,
to which they had been referred, were referred
to ii select committee, whose report will no doubt
bring the subject before the present Legislature.

In the last paragraph on pa e 17 of the report

that the maps must include the boundaries of the
property, then it must also be conceded that they
must be ascertained by actual survey on the
ground. For what other purpose would the Le-
gislature have directed the Canal Commisioners
to cause all necessary surveys to be made, but
that the boundaries to be exhibited on the map
might be designated on the ground itself by
proper visible landmarks? This is the object of
every survey of boundaries. For how else can
encroachments be discovered and prevented?
The committee think, therefore, that they incur
no hazard in saying thatboth the statute and the
above resolution require the actual. surveyand
designation of the boundaries of the public lands
along the canals appropriated to the use thereof,
by courses and distances, and visible’ ermanent
monuments on the ground itself, as has een here-
tofore used and approved in this State.”

The fourth section of the statute referred to
evidently comprises two classes of lands toibe
surveyed; the one, the lands appropriated for
the construction of the canals, the fee simple of
which is vested in the State by the Constitution ;
the other, the lands “adjacent thereto or con-
nected therewith, to -which the State have’ a
separate title.” The last class of lands is the
one, no doubt, referred to, “on which the boun-
daries of every such parcel of landshall be de-
signated, with the names of the former owners,
and the date of each title.” ’

TE OF INTER

.._..—..

tions which they have put upon the acts of the

The Committee have evidently confounded
these two classes of cases; and they seemto
suppose that the statute requires “ an actual
curve on the ground, designating the exterior
boun s of the canal by courses and distances,
and visible and permanent monuments.” The
Commissioners infer,as wellfrom the nature of
the case an -the amount appropriateil, that the

; Legislature could not have intended that “ visible

and permanent rnotiuiiziexrt.-Wshould be erected, by
Which‘ th&*.e)£tei'inr boiinds of the. canal could be
designated atany iiciture period; To have done

NALI

    

   

u-...—.—..—.....' can-- - ._

this,-would have required an appropriation of at
least $15,000. If tlfiis‘ supposition is correct, the
design of the Legislature no doubt was to make
such a survey as would furnish the most ready
and‘ certain means of ascertaining the exterior
bounds of the canal; and that the “ boundaries
of all"lands'adja’cent thereto, or connect.ed‘there-
with, to whichthe State sliall have a separate
title,” either’ by purchase’, or cession, “ shall be
designated, with the names of _'ll)I‘[!1€l‘ owners,
and the date of each title.” , _l ‘ 0
-I If this coiistriiction-of the statute is‘ correct,
it would make no difference whetherthe courses
and distances of the exterior bounds of the
canal were ascertained by running lines on the
ground, or whether the nieans of ascertaining
them are furnished,;- provided that the data. on
which those means rest, would produce as accu-
rate a result as lines run on the outward.lJ0undS
of thecanal by‘co_inpassandlchaiii, And we do
not hesitate to say, that pthe-meansjfurnislied by
the-plan adopted by Mr. Hutchinsoii, would pro-
duce a more accurate result in this case, than
lines run on ,the.outwarcl:bounds of the canal.
ltis evident" that Mr. 'I‘rumpbour did not sup-
pose the statute to, require that the exterior
bounds‘ of the canal should be desi ' nated by
“visible permanent monuments”.  though he
has noted many of Il1€l8t['LlCl'.lll‘6S on the canal,
and the positionof buildings and other o_bjec_ts
in its‘ viciiiity, yet there are several miles in dif-
ferent places -on the canal where there_ are no
permanent structures or buildings III/1_.l.S_\_7lcII_lllL_V;
and it is not contended that'he‘ has in a single
instance placed a “ visible permanent monument,”
unless stakes about two feet long can be calletl
such ‘; and if these are so considered by_ the com-
mittee, they could,easily_have ascertained how
much reliance is to be placed on this kind of mon-
ument, by tracing thelines run by Mr. Trump-
hour. We venture to say that only a small por-
tion of those driven into theground by the axe-
men in the employ of Mr. 'l‘rumpboiir could
now be found. a 7 2 e
The mistaken views and} unauthorised infer-
ences of the committee in many other respects,
will, we think, be readily perceived by an _ atten-
tive examination of the case. The misconstrue-
Canal Commissioners and the Canal Board, will
be passed over in silence.» Neither the Commis-

MrRovEMENTsl

-....~..- .——...-~—.;—..—-—.—.....-.-.4-.....-ca

us

of the ;Canal‘Commissoners, acting also under

the advice of the‘ Canal Board, would have ut-

terly.precliided his claims for posterior services

lroin the favorable regard of either law or equity.
(To be continued in our next)

been for some time past anticiprtin a visit
from a number of the members of the egisla.
ture, . who were generallyinvited to make an
excursion on the Petersburg Railroad.
JY‘esterday'we, were gratified by the appear-
ance of about forty‘ members, who with about
an equal number of our citizerisand of trav.

depot on Washington street, at 9 o'clock, on a
train _ of I five coaches andcars. The
reached Belfield some time before the dinner

seatson the carriages at 3 o’clock.
motive Roanoke,‘ then partially displayed its
povver and velocity,‘ by retiifning to the depot
in Petersburg, a distance of 41 miles in two
hours and six minutes-—of which time 8 min-
utes were occupied by two stoppages to re-
plenish fuel and wood. ; It is believed that the
same distance has never before been performed
in the same time on any other Railroad--41
miles in 2 hours and 58 miiiutes. '

Not the slightest action or interruption took
place, until on entering the-town, a negro man
attempted torun in front of the locomotive,
which struck him and he survived but a few

. hours. [Petcrsburg In'telligencer.]‘

[For the American Railroad Journal.)
. RAILROADS Fort PRIVATE» Usn.--The force of
traction necessary, to propel a ton’s weight
on a level road is eight pounds. To propel the
weight of an ordinary human body, or 140 lbs.
would ‘require at this rate just half a pound.
As easily, hen, assuch a person tcould walk up
severalflight of stairs; to the height of thirty.
two, feet, he could move his own weight upon
a level railroad one mile" and three-quarters; and
if we include a light carriage of 140 pounds, he
could move himself and his carriage three.
fourths of a mile as easily as he could walk up

sioners nor the Canal Board appeared as a party
before the committee, by counsel or otherwise;
nor does the State seem to have had any repre-
sentative to take care of its rights and‘intei'ests.
It is solely in reference to the rights of the peo-
ple of the State, and with a View to shield, aslar
aswe are able, those rights from violation, that
our remarks upon this extraordinary report are
submitted.’ \ ‘ ” __
The committee, by inferenceand, implication,
have assumed that a contract was made in the
spring of 1829, between the acting Canal Com-
missioners and l\’Il‘. Trumpbour, for one half of
the work to be executed under the law._ ‘Now
letlit be supposed for a moment that this in1e'i_‘-
ence is just. Let it be further supposed that this
contract had been put" in writing, and ‘three ‘on-
-pies of ‘it signed "by Mr. Trumpbour and the
Commissioners as the statute requires, and that
the cont.rac.t had specifically designated _ llfll‘.
Trumpbour’s ‘mode of survey as the one which
he was to pursue. Even in a case as strong as
this, the conduct of Mr. Trumpbour. subsequent
to the season of 1899, would be wholly indefen-
sible. It has been the uniform practiceof the
Commissioners to reserve the power in their con-
tracts of limiting, controlling, and changing the
mode of ‘their execution, whenever, Ill. their
jpclgment,’ the interests of the State required 

ple, that men may learn wisdom by experience.
And the statutes of the State have constan_tl_v
reco.q;nized and sanctioned this practice, by giv-
ing to the contractors claim for damages, iiicase
the expense of his contract is iiici-easfedbv “new
directions.” as to its execution. If then there
had been such a contract as has been supposed,

his practice is founded on the obvious prin'ci—'-

stairs 32 feet. The ease ‘with which persons
can walk on level ground, or a floor, is an ar.
guinent for level roads, which many must sen.
sibly feel ; but, Whatever be the ease with which
persons can walk on level ground, they cannot
move forward with great rapidity, nor without
some fatigue; but a wheelie not put out of
breath, and a friction on theaxle, of afew inch.
es, carries it forward several feet. For innu-
merable occasions thisfacility of moving would
be excgeedinglyg convenient in a vast variety of
lines of communication, where large railroads
for steam‘ or horse power could notbe support,
ed. There are innumerable occasions on whicli’
families in the country wish to convey articles
a few miles ftoa store, which they cannot carry
in their hands, and vvhich are not a load fora
horse. In these cases it would be very easy
for a man, or even a woman, to take a beaiitiful’
fancy rail-car, of 140 poiinds weight, and take 2:
load "of 200 pounds weight, and go on a dry’
rail, when a common road is deep withmud,
some four or five miles to a store- In this
case no - more effort would be necesflary than
would be reiiuired to raise up over a pulley ii.

require no more force to move through the
whole four miles, the carriage of 140 pounds,
the load of 200 pounds, and the person of 140
pounds—-in all 480--than for the person of 140
pounds to walk ten times up a flight of stairs of

the obstinate pertinacity of Mr. Truriipboiir in

refiisingj to confiiriii its execution to the (.l1I'P.E'.tlnn

 FDA? in ltndrrlxl

’Pn"ri»:RsiiUIic RAILROAD.-“"0l]1‘cltlzellfi have

ellers, took their departure from the company’s a
party «

hour, and after a pleasant repast resumed their ‘
The loco— ,

wcightof one pound and two-thirds. ItlWO11ltl. .