Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1875-08-17
THE HARPBR's FERRY PROP
ERTY.
ERTY

Connected with this property is the suit by
the Federal Government againsts the Balti-
more aud Ohio Railroad Company. To the
original bill in equity fled by the Government
in the US. Distric. Court ut Glarksburg, the
Railroad Company demurred, and the de-
murrer being overruled, Mr. Garrett, Pres
ident of the Company. now answers. The
N. Y. Tribune gives an epitome of the answer,
as follows:
Defendant. admit that the United States of
America were in possession of the premises in
the bill mentioned from about the year 1896
or 1897 down to or about the S0th day of No
yember, 1869. But they do not admit that
they hold the same 'sas of fee" in the manner
eef forth in the bill; on the contrary, defen-
dants are informed and verify believe that the
United States acquired and continued in the
possession of said property under title and
In manner unsanctioned by the Constitution
of the United States. These defendants,
therefore, without desiring to raise this ques.
ton further than necessary to protect their
rights, neither admitting nor denying the al>
legations of the bill in this regard, call for full
proof ~ to the right aud titlo of the United
States of America to the property in question.
These defendants, therefore, so
far as their interests are concerned, respects
fully submit to the honorable Court the ques-
ton how far tho United Stases of America
could properly OF had right to dispose of said
property in the manner set forth in the BILL
These defendants further admit that she
agreement between joel r. Poinsett, then
Secretary of War of the United States, And
Louis MeIIane, then President of the Balti-
more and Ohio Railroad Company, bearing
date Nov. 5, 1887, was duly executed by and
between said parties, and that under it (but
only so far as the circumstances required)
these defendants entered upon and established
their railroad right of way over the property
at Harper's Ferry then in the possession and
occupancy of the United States of America.
But they deny that the Same, As. now located
and operated, is except to a limited extent,
on the lands of the United States and SO far
as their rights and interests may be thereby
affected these defendants call for full proof as
to what extent their railroad was, and as now
located is, ON the lands then held by the
United States and used as a musket factory,
and which is now claimed by the parties to
whom, as alleged, it was sold on the Sd of
November, 1860. = ** r
They, the defendants, claim, as to large
part thereof, that their road-bed, platform,
ETC., form the Potomac Bridge or yiaduct to
what is known as the "Tilt Hammer Shop"
in the maps before referred 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, for the use of the United States of
America.
They claim further, tha. on the parts of
their railroad location, above the points above
designated, these defendants have right to
occupy aud use the same, by virtue Of title
conveyed to them from Patrick Byrnes, and
as to the residue of the grounds occupied Gas
now by these defendants ADMITTEDLY. they ad.
NIT that the same, the road is now located,
is, in part thereof, upon the grounds originally
conveyed BY the said Harper to the United
States.
The defendant Garrett prays tina. this
honorable Court, as in accordance with equity
and conscience, not only that tho pre.eutions
and prayer of the bill ought to be rejected,
but that decree should and may be passed
sanctionipg the right and granting the title of
those defendants to hold, occupy, and enjoy
their right of way over said property in the
same manner as now aud heretofore and the
defendant further prays that the honorable
| Court will decree that an end may be put to
this causeless and vexatious litigation.