Page:Some History about the Village of Berlin.pdf/90

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Harper"s Ferry Narrows, shall be thirty feet in width, for the common use of

the Harper"s Ferry and Frederick Turnpike, and Rail Road Companies. The canal company will allow the use, by the rail road company, of any authority which they possess, to obtain permission from the turnpike company, to the rail road company, to lay their rails on the part of the said road common to both, the canal company being bound by their articles of agreement, only for the graduation of the said road, from the Harper"s Ferry bridge, down to the point at which the said turnpike will diverge from the rail road, to ascend the hill above Millar"s Narrows, and the rail road company shall, also, adjust the surface of that bridge to the elevation of the pivot bridge across the canal, at their own cost. The rail road company agrees not to continue the rail road further up the valley of the Potomac than Harper"s Ferry, until the Chesapeake and Ohio Canal shall be completed as far as Cumberland, provided, that the canal be completed thereto, within the term allowed by the charter of the said canal company. The period of twelve months, from the date of the acceptance of these articles of compromise, shall be allowed the canal company, to complete the graduation of the four miles and one tenth of rail road before described; but the President and Directors of the canal company shall urge the contractors, who may undertake the same, to proceed with diligence, and to complete the graduation in the shortest time practicable, consistently with the health of the country. In case of any possible difference of opinion, or disagreement, between the two companies, in relation to the construction of these articles of compromise, such difference, or disagreement, shall be settled in the mode provided by the act aforesaid, for the settlement of the construction thereof, by the same parties. This report of the President and Directors was after debate, referred to a committee consisting of Richard S. Coxe, John Mason, Archibald Lee, Thomson F. Mason and Henry Huatt; and the general meeting was adjourned to the 9th instant. Yesterday (9th) accordingly, the general meeting reassembled. Mr. Coxe, under the instructions of the committee, reported against compromise 9