New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-01-07
RAILROAD QUESTIONS.
THE GOVERNMENT AGAINST THE BALTl-
MORE AND OHIO RAILROAD.

AT HARPERS FLRRY-BlLL OF EJECTMENT FILED
by THE ATTORNEY -GENERAL-THE CoMPANYs
CLAIM UNDER AN AGREEMENT WITH VAN
BURES's SECRETARY or wAR-A SUIT WITH A
FLAVOR OF AGE
lrRoN THE REGULAR CORRESPONDENT OF THE rRIBUNE'l
WASHINGTON, Jau. 5.-The controversy be-
tween the United States Government and the Baltimore
and Ohio Railroad Company regard TO the tue OF he
Armory property at Harper's Ferry has taken nc"
and interesting turn The Attorney General neu III nS
Circuit Court District of West Virginia on Friday
a bill OF eieotment 10 compel the Baltimore ano ONO
Company 70 vscate tho Government property at Har-
pers Ferry now occupied by its tracks and shops and
copy of the bill will he served on the officers OF the COM
pany in Baltimore to-day or tomorrow The Following
fun copy OF the BILL and 1t CONTAINS complete
history of the controversy:
10 the Judges Of the Circuit Court Of the Tinted
states for Ms District Of west virginia. The United
y and o. psSTcs Of Columbia and Citizen Of the said
District: Samuel r. Brown OF the same place, and ctl
OF the said District Clinton LLOYD OF Leesburs ana
citlzon the State OF Virginia; William b. Webb. Ma
thanel Wilson, and George ii. Plant OF said Washing
Ferry Water Power and Manufacturing Company of
West Virginia, duly organized and doing business and
State Of West virginia GTnG this o OF GUmP 1b
same being a company duly organized ana now having
corporate existence and doing business in the states
An act of the General Assembly of the state Of
Maryland Chapter 1913, entitled An act TO incorpo,
rate the Baltimore aud ONO Railroad Company,
passed on the 2sth February 1921 and the several
acts amendatory thereof sud supplementary thereto,
under and by virtue OF an act of the General Assem-
bly, of the State Of virginia (of which last mentioned
State the present state OF West virginia on std l a a
OF February, 1877 and prior thereto ana uat ,ho , s
day December 1862 formed paru passed on tne o'n
law Uass@d at the present session of the General Assem-
bly, Of Mary entitled An act TO incorporate tne
amepdstory thereof and supplementary thereto Anu
there your 7 orators o,ss s%S s
the United states Of America ana MS sueee @f
became selLeu as VI ico
for the of the United states OF Ger. Ger,
tain lands enements, and water privileges situated
in inc County OF Jefferson in the present state OF west
Virginia but then in the County OF Berkeley IN ,ne Se
that your orator the United states OF r
ises from tho year 1896 until the 3h day OF November
1852 remaining in the continuous and uninterrupted
been used by the said railroad company under pre-
tended license from the said United states hereinafter
mentioned that said property valuable for manu-
featuring purposes, and was used by your orator th
Uned states for ,cor %ng and 81 o
purposes that your Said orator Ra'n oS s uS
fscoTy armoTy and purposes Con
gress of the United States by an act approye1 Dec 49,
enements and water privileges belonging to the United
States al and Harpers Ferry, m the County OF
re Ted the secretary War 10 make sale OF said prop
ery certain terms aud conditions therein mentioned
That in accordance with the provisions Of said last,
mentioned act Of Congress ne Of o tbe time
terms and place OF the sale contemplated by ao ac Oh
to be maze, ana ulu Cuusc thc ihHue' VIZ
said property so purchased as aforesaid Tor y9nT
to be sold at public sale at Harper's Ferry atore,
said the SON day Of M .d 5 SIoD srnt
hercnbefore mentioned. and which was designated on
tSS e entire Of the potomac River as held by
United embracing sites OF the old armory puhd
inCs or nisket factory. Byrnes Island, and all thai
strp OF land and bluff bordering on the Potomac River
and lying between said river and streets and lots az
LAID down said map OF 1859 also, Islands A. b. and
g. in tue Potomac River exhibited on SAID map with
al the privileges and thereto r n &
purchaser of the ut said public sale made on the
said 3st day OF November 1862 AT the price Of s1doD
act OF Congress of the 18Th day OF December,
and deliver TO the SAID United States his two
several promissory notes. dated Dec 81 1869 IN which
pay. and two years respeeliye,S tue SUN o,
SsSopO in each note. making together the SAID sun OF
S&pc% d /, & SfDg dg T36s the
sale to him by the said United states 81 INC %Set
"ower entire Of the Potomac River &C. &c, 10Y No. /
before mentioned. and that the vendors nen OF me sara
Hated States upon the SAID water oWer entire o the
Potomac River and lot No was reIalheu WI tnc l n
nsvmeut of the purchase-money; ana as required py
o ct o Congress directing SAID sale, the said Francis
C. Adams prlnsipol ANA samuel ~ oS i Gaoron
"a Plant as ties, said 3lst of December 1862
executed and delivered to your orator che Si t o Ih
States their Joint and several DOnds se1eu WIN the
seals. and DARED Dec 81 lso9 Whereby ssl4 prepal
orator the United States. IN the sum OF $1,000 aore-
said. which said bond. now on ME ~ tne ireasnry
m the District of Columbia. together with the promis-
sory notes above mentioned.
And your orators further say that the saG fiancls u
Adams having failed to pay the said United states
either or any part OF either OF said notes part OF
said bond although each and all OF them have long
been due aud pay able ana th4t ine sag Ssae,
y Brown, Clinton Lloyd, William IL. WebD, Nathauel
one them failed topay the real debt OF so pond or any
part thereof OF either any part thereof OF the said
your the said United States ON the 18th day
az Sepiembcr 1873 did upon bill filed for that purpose,
obtain 10 be passed by the sid Dstilc court OF
the United states tor Ihe said District OF West Virginia
for the sale OF the lands enements aud water privileges
heretofore described having been purchased by the
sad Franois c. Adams, for the purpose OF satisfying
sad vendors lien of your orator the United States And
YOUR orators further say that on the 5th day OF Noyem
Rsr ,S nv a certain pretended memorandum OF agree
ant nrnorting to hs We made by between Joel
r Poinset then Secretary OF War Of the United States
md inns then President of the Baltimore and
ns,o Railroad Company, Joel X. Polnset with
out authority granted unto him. or to Ihe PRESIDENT
of the United States 10 any other officer through
or 20 any person whatever undertook TO grant license
and mere permission 10 the SAID Baltimore ana ONO
Railroad Company TO locate as ns ann
A. was theu proposed to construct westward IRON the
viaduct then existing at Harpers Ferry, along ana
descrbcd having been purchased by said Francis T.
Adams the then being tue property OF me sara
IJned States at Harpers Ferry aforesaid and that IN
OF said agreement and license. the
sa,d baltimore Ohio Railroad Company did locate
their railroad upon said land and premises, so
purchased by said Adams and still MAINTAIN anC Keep
said track property and also claim tue
right IA your orators advised and believe, forever
10 and maintain said track upon the same, unoer
the nrate ri that said pretended MEMORANDUM has con-
ferred upon said Company the right power anu author
And orators are tuItneI auu
believe that said Baltimore and ONO Railroad COM
pany has up claim OF right to construct make
Keep and maintain the said track on portion Oi saiu
Byrnes, who claimed to have been the owner OF sad
portion said land under aud by virtue or patent
from the State OF Maryland. .
Your orators are also advised and believe that
said pretended memorandum aud said pretended deco
railroad company construct and maintain their track
upon said suds sold 10 slid ADAMS as Aforesaid anu