South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1875-11-26

nited States and others as. the h. & O.
Railroad Company Judge jackson de.
liyeicd an elaborate opinion. and dis.
missed the bill brought by compliments.
His Honor in his opinion reviews the
controversy from the beginning. holding
the license OF the government to be an
executed contract, giving an absolute
right to the company. The following
are points of the case:
In 1888 the railroad company. acting
by Louis McLane, its then president.
made an agreement with the ;Eeu Score
tary OF the War, Joel r. Poinsett. by
which the company secured from the u
nited States right OF way along the
property of the government at Harper's
Ferry. This right of way extended a
long the armory and arsenal grounds,
for near or quite three quarters Of n
mile.
As \ consideration for the grant the
company agreed to construct certain
walls adjoining tho Potomac river which
would protect the government property
from the action of the river in time of
floods, which previous TO that time had
caused aerious injury to the government
works, and had entailed constant expen.
diture Of money to protect the govern
ment property from the incursions of the
river. The company was also to give
certain facilities in the way of sidings
and proper crossings for the canal which
was used in connection with the govern
ment works. The arrangement ut the
time was deemed Of great advantage to
the government, both in furnishing it's
works with all the conyenicnccs of n rail
road running Immediately alongside OF
them, and also in protecting tho costly
and expensive structures from the dan
gers incident to foods in the Potomac.
1t was also deemed advantageous to
the company. as it enabled it to take the
Virginia side Of the Potomac and get
rid of the conflict with the Chesapeake d
Ohio canal, as located at the base of the
mountain on the Maryland side. The
railroad company constructed it's road
upon tho right OF way secured by this n
greoment with the Secretary of War in
u manner satisfactory to Col. Talcott, a
government engineer, and TO the accep-
lance of Col. Lucas, the then superiu.
teudent of the Irmory. The Secreta-
ry of War, in hio annual report for 1898,
informed tho President Of the United
States of this agreement in regard to the
IIarper's Ferry property, stating its all
vantages TO the government. The rail
road company continued tou the right
of way thus secured without any ques.
ton OF the validity Of the agreement,
until the government sold the old armo-
ry property NJ IIarpsr's Ferry few
years ago, ut public sale, to n Mr.. Adj
ans, of Washington, for nearly two hun
dred thousand dollars.
The purchaser (Adams) paid no cash.
but gave his notes, with security, for the
purchase money, and the government re.
tanned title to the premises sold as adj
dtional security. Shortly after the pur-
chase by Adams he formed company,
called the sIarper's Ferry Water Power
and Manufacturing Company, and con-
veycd his rights to that corporation
Adams and his company at once began
to attack the title of the railway compa-
ny to it's right of way on the ground that
the Secretary Of War had exceeded hi,
powers in making the agreement with
Louis McLane, on behalf of the railroad
and the railroad company,
fearing some action by the Adams party,
fled against them bill to quiet its IT,
tie TO the promises, and to enjoiu them
from in any way interfering with its
rights. After much testimony was Ia
ken, anlfull argument made, Hon. John
II. B. Latrobe representing the railway
the Circuit Court of j cffer5ou
West Virginia, passed a decree
4 I -
from Interfering with the rights
OF the railroad company, and quietiug
the latter's title TO the right OF way
This decree was rendered in 1870.
As the purchaser, Adams, failed TO
meet his notes at maturity, the govern
mcnt brought suit against him and his
suretie5, and obtained Judgment in
the Supreme Court OF the District Of
Columbia, and then the government, II.
hitting Adams and his corporation and
the suretic5 a3 co-plaintifIs, fled q bill
in the District Court ofthe United States
for West Virginia against the railroad
company, setting up the fact of sale 20
Adams, tho obtaining OF the Judgment
against him and h3 surcties, and that
the government had retained vendors
lcin on the promises, but that it could
not enforce that lein by sale under the
decree because the claim OF the railway
to its right of way carried large part
Of the premises, AMI persons would not
buy because OF this claim. and asked
that the arrangement made with the Sc.
crctary of War By the railroad company
mightbc declared void as being in excess
OF his authority. and that the company
might be declared TO have no title to the
right Of way.
4 demurrer was fled to this bill but
oyc-ruled bv the court and then an an
swer wa ficl, and the case was fually
argued few months ago. The govern.
mont was represented by Hon. Ward III.
Lamon and GeH. Coz, tho district at
fornn, Tho affaruavs rfho c1tpuanv