New-York tribune., 1875-08-07
1 PlTLROAD CONTROVERSY RENEWED

ANSWER OF TIE DAL1IMoIE AND ONO RAILROAD
COMPANY 10 THE DiLL FILED BY THE GOVERN
MENT EJECuNG II FROM PROPERTY Al HARPER ;
FERRY.
irpor TIE REGULAR CORRESPONDENT OF TIE TEiDl MI
WASHINGTON, Aug. G-AHorher step has bc'h
taken in the legal controversy between the GoNei-
ment of the United States and the Baltimore ana
Ohio Railroad Company for The possession ~ the
Harm rs Ferry pIoperiy About year aEd Il hali
ago the Government filed bill published Ia 1uii IA
TIN, Tn1BuxE at the tinr 20 eject the Baltimore and
Ohio Railroad from the property. Nr. Garrett de-
INJURED TO the bill, and there was hearing before
United States Judge Jackson at Clarlsburs W. Va
about Two months ago. The demurrer was over
ruled and the defendant, the Baltimore and Ohio
Railroad Company, given 90 days III which to put IN
lis answer. That answer has just been fled in the
Office of the Attorney-Geueral. ii IS very long
document covering nearly 20 pages Of closely writ
ten legal cap paper The following extracts contain
the most important points in the answer:
Defendants admit that TIM United states Of America
were Possession of The premise. II ~ Dll me- Toned
from about the yor 1896 1871 doN j 10 or a3ou inc
3O'n aay o. ' - 80 rf oev IN ic manner rc
fwtl IN nc bin the contrary, defendants are .n-
gof,d and verify believe That ilc United States acquired
a., 80 T., ~ rc- ,sar, .,infrd ,y tie ion
OK ho United stat These defendants, I rc.1r, With
opt deirng to raise this Ouc,,i further hau necessary
10 lroec hoir rts neither admitting nor dem ius the
alerscns OF le bill in ts re,,r cell Tor tli proof
IN. .'y ,1nnertv in gresi;on These dcicn. MS.
tu,reor far tc.r .p.crcs err ccfred raleei-
fully submit 10 te u, lrdbe CD4~ TIE q's' 'loh h"" l'
ire Uai.d Sa.cs q America ccu.d properly Or &I .
rLt TO disp0sc o. sad properly IA inc manner se' ioA
IN tte bill
Y.eee defendants further adnt that The agreement be
tween joel I Porsett then scc'eiaJ of War o lac
IT,-l States and LOWS Mc!ane trn Prcsli ut ci tAe
! Blitmorc ana OHIO Railroad Company; beariH- dl
Nov. >, 1se3, WAS duly executed by 1nd he'neea SD
pal,,a, ld al under II thui 0ly 50 iar as tc cicIu,
stances rcQuircd these d'cndduts entered upon ana
established their TarOad at of way over the property
~ Iarp.r's Fclg then n the possession ana occupancy
OF thc United STATES OF America. Bu t"l deny dr ihc
sane located ard operated, Is, except 10 Il!h-
tied extent Inc auds 0i tc Uito 5tea; ana 30 m
is ti,r igl,s and interests nlcy he thereby affected
tDcse dcsnAuis call for fail proof 90 what extent
tbair raiiroa WAS. and located Is, on the binds
ttr - \,9,cL * now claimed by the partir, to
whom alleged, it sVid on tAC 81 vi OsoiI5Gt,
Thcy the deser lans claim as TO large part thereof
fiat their rOad-bed. ~ tfOrn etc, form the Potomac
Bridge viadUct. to what Is AHOwn as the Tit Lam
mer Shop" In the maps before referred to, ere ana were
in the Potomac River. ait gctcf outside o The original
grant from John lia!peF to George WasEington tAen
President of the United states, Tor the use OF the United
Thcy claim ia her that the parts of thor railroad
location above the points ab0Tc design tied, these de-
fnd ns have right 10 occupy and s the same, by yir
Tue OF tile conveyed u thtm Foii Iatrck yiAe ana
as TO the residue Of u, grounds occupied (s now -
tlese defendants admtcD, they admit mat The same a.
the road is located ls IN part thereof upon the
grounds originally conveyed BY the sad Harper TO The
The defndant Garrett prays that this honorable Court
as in accordance with equity and conscience. not 0ED
that The prctentons and prayer Of the bill OnSht to bt
n;,od hut that a decree should and may be PASSED
reeceu' M p. NJ ma it ami ,rantin, |bn titIcc Of t,tsc ,
PENDANTS 10 Old occupy, ana ENJOY th'lr ught OF way
over said property in the same manner rs now ana here
toorc: and the defendant further pray that tho honOra
| blo Court will decree that end may be put TO this
| causeiess and ycxatiOus litigation
The answer is signed by John w. Garrett, Pres
dent of the Baltimore and Ohio Railroad Company