The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-11-22
uARPEK'S FERRY PROPERTY
CASE.

Dee isiou Of the United States Court
In Favor oGihc baltimore and Ohio
Railroad COmpany-Tbe Right of
Way Maintained.
The case of the United States and
Others vs. Baltimore and Ohio Railroad
Company, involving the company's title
to- it, right Of way and depot grounds at
lImpcrs Ferry, has inst been decided in
favor of the railroad company by the
District Court Of the United States for
West Virginia sitting at this place
Judge Jackson delivered the opinion,
which is quite an elaborate one. The
following are the points of the case:
In 1898 the railroad company, acting
by Louis McLane, its then president,
made an agreement with the then Secrc-
tarv OF War, Joel K. Poinsett, by which
the company secured from the United
States Il right of way along the property
of the government at Harper's Ferry.
This right of way extended along the
armory and arsenal grounds, for near
or quite three quarters of Il mile
As a consideration tor the grant the
walls adjoining the Potomac river which
would protect the government property
from the action OF the river in time Of
hoods, which previous to that time had
caused serious injury to the government
works. and had entailcd constant cX
peudIture of money TO protect the gov
erumcut property from the incur,iOns Of
the river. The company WAS also to give
certain facilities in the way of sidngs
aAd proper crossings Tor the canal which
was il,cd in connection with the govern
mcnt works. The arrangement at the
time Was deemed OF great advantage 10
the government. both in furnishing lis
works with all the convcnicnccs OF II
railroad running Immediately alongside
OF them, and also in protecting the cost
ly and expensive structures from the
dangers incident 10 floods in the PJtO
mae.
1t was also deemed advantageous to
the company, as il enabled 1t to take the
Virginia SIDE of the Potomac and get rid
of the conflict with the Chesapeake and
Ohio canal, u located at the base of the
mountain on the Maryland side The
railroad company constructed It's road
upon the right of way secured by this
agreement with the Secretary uf War
ia manner satisfactory 10 Colonel Tai
colt, a government engineer, and 10 the
acceptance of Col Lucas, the then super
iutcudeut OF the armory. The Secretary
Of War in his animal report for 1898
informed the President of tho United
States ui this agreement in regard to the
Harper Ferry property, stating its ad-
vantagc- t. the government. The rail
road company continued to Use the right
of way thus secured without any ques.
ton OF the validity of the agreement,
until the government sold the old armory
property at HurperS Ferry few years
ago Mt public sale, TO Il NJ. Adams, of
Washington, Tor nearly two hundred
thousand doilars.
The purchaser Adams paid no cash,
but gave his notes, with security, for the
purchase money, and the Government
retained title to the premises sold as ad-
. .ditional security. Shortly after the pur-
chase by Adams he formed company,
called the Harpcrs Ferry Water Power
vevcd his rights 20 that corporation.
Adams and his company at once began
L. attack the title of the railway COM
nany to It's right OF way on the ground
iDu, the Secretary Of War had exceeded
his powers in making the agreement with
Louis McLanc, on behalf OF the
railroad company, and the railroad
company, fearing >ome action by
the Adams party, tied against them
bill to quit It's title to the premises, and
to cnioin them from in any way intericr-
irc with it, rights. After much tcSti-
monv was taken and tull argument made,
Hon. John II. Is. Lutrohe representing
the railway company, the Circuit Court
of Jefferson county, West Virginia, pass
ed "a decree perpetually enjoining Adams
and his company from interfering with
the rights Of the railroad company, and
quieting the lattcrS title to the right OF
WAY. This decree was rendered III 1870.
u the purchaser, Adams, failed t.
meet his notes at maturity, the govern
meut brought suit against him and hs
suretics, and obtained II judgment in the
Supreme Court of the District OF CoiUm
b,a. and then the government, uniting
Adams aud his corporation and the sure
ties AS co.plaintitls, filed II bill in the
District Court OF the United States for
West Virginia against the railroad COM
many, setting up the fact OF sale TO Adams,
the Obtaining of the judgment against
him and his surctirs, and that the gov
eminent had retained vendors
lien on the premises, but that II could not
enforce that lien by sale
under the decree because the claim OF the
railway to It's right OF way carried
large part of the premises, and persons
would not buy because Of this claim, and
asked that the arrangement made with
the Secretary of War by the railroad
companv might be declared void as beng
in excess of his authority, and that the
company might be declared to have no
title to the right OF way. ~
A demurrer was flied to this bill but
ovcrruled by the court, and then an an
swer was flied, and the case was finally
argued few months ago. The govern
n.ent was represented by Hon. Ward Il.
Lamon and General Cot the district at
torncv. The attorneys for the company
were Hon. Andrew Hunter, of Charles
town, West Virginia; Daniel Lamb, OF
Wheeling, and John X. Cowes, Of Bal
tlmore.
The company asserted that the agree
-. G..r.turN ,i ktur wa e