Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1874-02-10
HISTORY OF THE HARPER'S FER
RY PROPERTY.

obtained IN the District Court of the United
Stases agaics, F. c. Adams, and his securities,
which. with his consent, directed the United
States District Attorney, N. Golf, Esq, to
expose the property which Adams had pur-
chased. but not paid for, at public auction,
aud to sell the game to the highest bidder.
We desire now to recall the circumstances
connected with the sale of the Government
property on the 30th of November, and the
1st aud ID days of December, 1869, under
an Act of Congress passed for that purpose
This Act itself seems to have been framed
rather in the interest of speculation, than to
effect i bona J5,le sale. In no other way can
We account for the fact that instead Of provid-
ing for sale on the usual terms of one third
cash, and the remainder in Que and two years,
to be secured By bond and a lien on the prop
erty, the Act required no cash at all, the
whole purchase money being divided into two
equal instalmeuts. evidenced by bonds pay
able in cue and two years from the date Of
the sale. The Act itself, we repeat, opened
the door for fraud, and speculation, and the
result, as might have been expected, vas,
that Almost the whole property was bought,
not for its then existing value, but for specu-
lative value, based on the prospective enhance
ment. Every body took it for granted that
his neichbor vas going to build and improve
right away, aud that he himself could lie
uPoh his oars, and double his money, or sell
1T large advance, and meet his bonds as they
fell due. This speculative feeling was, how
ever. based mainly on the supposed intentions
Of one Capt. f. G.. Adams, and a certain
mythiealsor of Water~Power Company, which
he was supposed to be representing. Capt.
y. bought the Water>Power eutire, as owned
by the United States, on the Potomac and
Shecaudoah rivers, respectively, for the ag-
cregate sum of S196,0O0 For that on the
Potomac, the Baltimore and Ohio Railroad
Company the competing bidder, upto the
sum of SlI5, 900. No cash being required
of the gallant Captain, lie immediately set to
work to discover what speculative disposition
could be made of his purchase The first OBJ
ject of attack was the Baltimore and Chic
Company. which had built, and was operating
its track on the United States property, by
virtue of permission received from the then
Secretary of War, (i!on. Joel n. Poinse:t)
in the year 1858. Adams employed Hon
Andrew Hunter. and threatened the Com
papy with an ejectmens. Thereupon the latter
fled bill of Injunction against him in the
Circuit Court of Jefferson, Judge Z. 3.
Hall presiding.
Their bill was directed a9ainst the Hsrper's
Ferry Wa;er>power and manufacturing Cons
pany, a corporation duly chasterei by the
State of West Virginia, George Il. Plant
President, F. c. Adams Secretary, and ether
members to the plaintiff unknown, and set
out that their Railroad was constructed over
certain land At Harpor's Ferry, purchased for
the United States, in 1874, by President
Washington from TIE heirs of Robert Harper;
that TIE use Of the land was granted them by
contract made the 9TH of November,
1893. between their then president. Louis
McT.ane, and Hon. joel y Poiusctt. then
Secretary of war. and that they had been
using the right OF way ever since By the IcyqI
permission Of the United Sites and that
the ". p. & ". Company had purchased the
property with no'jc" o: their right Of way
They averrel that the latter company had
notified them TO remove from the land, and
had threatened to interfere with, or remove,
their road>bcd, &c rs nuisance, and they
therefore. on behalf Of the pablo interest,
Snd to prevent irrspairsble injury to them
selves, prayed for an Injunction
Hall granted the Injunction, Of course. and
the Tater-Power Company fled their answer,
denying all the material allegations of tho
Bill, aud asking dissolution of the Tnjunc-
TiJE5 nj insisting that, by way of crosz-relief,
they were entitled to decree prohibiting the
Railroad Company from farther using the
strip of land commencing at point not far
above the junction of the two rivers and ez-
tending for between one and two miles vest
ward to the upper line of what was lately TIE
United States Arm"ry properly, to point
short distance above the Great Dam. The
answer insisted that Mr.. Poinse;t had no au-
thority to make the alleged contract; that
the right of way being merely PeFmissi7e
could not BE- adverse 10 the United States. nor
ripen iato title by lapse of time; snd that
the Company had executed the terms of the
pretended grant, and we're obStructiug the
flow Of water
Daring the progress Of the suit, in January
1871, the Railroad Company removed the
tres,Ie work which, it was ccmPiaiucrl, had
destroyed the value of the canal. and the
cause, after able argument, was decided by
Judge Hall in April 1872, in favor of the
Railroad. Nobody who knew Hall and his