Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1875-08-21

nI- The HAIpER's FERRY ProrER-
TY.-Connected with this is the suit by
the Federal Government against the
Baltimore and Ohio Railroad Company.
To the original bill in equity filed by
the Government in the L. S. District
Court of Clarksburg, the Railroad Com
pany demurred, and the demurrer being
overruled, Mr.. Garrett, President OF the
Company, now answers. The n. !.
Tribune gives an epitome of the answer,
as follows:
Defendants admit that the United States
of America were in possession of the prem
ises in the bill mentioned from about the
year 1896 or 1897 down to or about the 3Oth
day of November, 1869. But they do not
admit that they hold the same las OF fee"
in the manner set forth i'll the bill; Oh the
contrary, defendants are Informed and
verify believe that the United States ac-
quircd aud continued i'll the possession OF
said property under a title and i'll man
ner unsanctioned by the Constitution Of
the United States. These defendants,
therefore, without desiring to raise this
question further than necessary to pro-
tect their rights, neither admitting nor
denying the allegations of the bill i'll this
regard, call for full proof us to the right
and title of the United States of America
to the property i'll question.
These defendants, therefore, so far as
their interests are concerned, respectfully
submit to the honorable Court the ques-
ton how far the United States of America
could properly or had right to dispose OF
said property III the manner set f0rth III
the bill.
These defendants further admit that
the agreement between Joel K. Poinsett,
then Secretary of War Of tie United
States, and Louis McI.ane, then President
of the Baltimore and Ohio Railroad Com
pany, bearing date Nov. D, 1880, WAS duly
executed by and between said parties anu
that under il (but only so far aS the cir
cumstanceS required) these defendants
entered upon and established their rail
road right of way over the property ut
llarper's Ferry then in the possession and
occupancy of the United States of Alneri-
ca. But they deny that the same, rs now
located aud operated, is except to limi-
ted extent, OH the lands of the United
States; and so far as thcir rights and i'll
terests may be thereby affected these de-
PENDANTS call for full proof as to what eX-
tent their railroad was, and rs now Local
ted Is, on the lands then held by the
United States and used as :: musket facto-
~, and which is now claimed by the
parties to whom, us alleged, 1t was sold on
the 3rd Of November, 1869.
They, the defendants, claim, as to Il
large part thereof, that their road-bcd,
platform, ETC., form the Potomac Bridge
or viaduct, to what Is known rs tie "llit
Hammer Shop" in the MAIDS before refer
red to, are and were in the Potomac River,
altogether outside of the original grant
from John Harper to George Washington,
then President of the United States, ior
the Use of the United States Of America.
They claim further, that on the parts of
their railroad location, above the points
above designated, those defendants havea
right to occupy and Use the same, by viz
tue of title conveyed to them from Patrick
ByrneS. and IL to the residue of the
grounds occupied Gas now by these dcten-
dants ADMITTEDLY they admit that the same
aS the road is now located, is, III part
thereof, upon the grounds originally con-
vcyed by the said Harper to the United
States.
The defendant Garrett prays that this
honorable Court, as i'll accordance with
equity and conscience, not only that the
prctemtiOns and prayer OF the bill ought
to be rejected, but that Il decree should and
may be passed sanctioning the right and
granting the title OF these defendants to
hold, occupy, and enjoy their right of way
over said property in the same manner as
now and heretofore; and the defendant
further prays that the honorable Court
will decree that an end may be put to this
cauSeless and yeXatious litigation.