Evening star., 1898-09-17
B. and 0. Company Denies Charge of
Unlawful Occupancy.
RESERVATION no. ..s2Ol INVOLVED
Alleged Public Space Claimed by
ii VI
U. s. Government.
THE CASE IN OURT

ceivers of the Baltimore and Ohio Railroad
Company, through their attorneys, Messrs.
Hamilton and Colbert, today filed their an
swer to the suit recently Instituted against
them by the United States, in which the
government charged that the company is
unlaWfully occupying certain public space
on Delaware avenue and adjacent thereto.
The answer denies the charge, claiming
that the company's occupancy Of the land
In question was and Is had and maintained
with the full knowledge and consent, both
Of the District Commissioners and of the
agent of the United States, in charge Of
public buildings and grounds, and that the
complained-of tracks and other railroad
property have been constructed thereon, it
Is further claimed by the company. for the
use and benefit of the United States and
District governments. Therefore, the COM
pany denies that it is a trespasser upon the
land, and prays the court to dismiss the
case.
The space alleged to be unlawfully occu-
pied by the company is described by it as
consisting of a triangular strip of ground
bounded by the east building line of 1St
street. the west building line of Delaware
avenue and the south building line of H
street.
Enters General Denial.
Further answ ering the bill of complaint,
the defendants, the receivers Of the COM
pany deny that sither by themselves, or
through Thomas, or any other agent.
they have continued in the unlawful occu-
patton and maintenance of the tracks or
derrick upon said space, described or in
tended to be described in said bill of COM
plant, in the manner set forth In said bill.
or in any other unlawful manner. They
deny that they have placed, through Thom-
any other agent employe, "addi-
tional obstruction upon said space, consist
ing of many large timbars to be used by
said receivers>er the said Thomas In max
ing repairs to and extensions of said der
rick but they aver that under an order
of the court, passed in this cause, they cid
repair said derrick. in order that the same
might be safe to the employees of the road
and to the public pending this cause.
And they deny that any act of the said
railroad company, OF of these receivers, or
of any agent of said company, constitutes
a ''trespass and purpFesture upon the said
land of complainants," which should be
ahated or which gives to this court any
Jurisdiction over the subject matter of this
suit.
Previous Claims.
And further answering said bill Of COM
plaint these defendants say that from the
time of the entry ofithe Baltimore and Ohio
Railroad Company into the District of Co
umbia, and up to about lS72 the said COM
pany occupied portion of said space with
it's tracks, not only with its main tracks,
but with certain of the sidings now located
upon il. ana that during that time no I.aim
was made that any barttDf said space was
a government reservation, but the entire
space seemed to have been considered as a
yart of the streets intSr5ectinS at that
place; that in 1872 OIL ,theTedoouts, the
board of public works, then the governing
body of the District Of Columbia, claimed a
triangular part of this SPACE and entered
h
asphalt pavement That HhaYin;s done this,
the board of public works. or its success
sors, entered into an arrangement with tie
said company, WnereDy the Sa1d company
was permitted toTuSe SAID 9fiang ID and to
occGpy the same with lis tracks, and per-
mission given to build additional tracks, on
corGiition that it should unload. on the un-
occupied part of said te material con-
sstIng chiefly of terra-cotca piping and
sewer supplies, for delivery to the District
government That this arrangement re-
nIained undisturbed and was in full force
until about 1887, when jurisdiction over this
Triangle was claimed by the United States
commissioner of pIblic buildings and
grounds and said triangle was numbered and
known thereafter reservation POI. After
.is claim was asserted ON the part of the
nited States the Commissioners of the Dis
trict Of Columbia notified the company that
the said triangle was under the jurisdiction
of the commissioner ef public buildings and
81 oundS, but proceedings were taken by
the government or by the District CommlS.
siOners to distur. existing conditions, and
the agreement heretofore mentioned.
W hereby the triangle was used as place
or delivery for District supplies. continued
III force until 1889 or 1890. when the gov
ernment being desirous of having con-
yenient place. with the necessary facilities
for unload lg large granite and marble
blocks for USE In the new library building,
suggested this tr.a ngle as suitable place.
Thereupon 1t was arranged by and between
the commissioner of public buildings and
-
the District of Columbia, through Engineer
Commissioner Raymond, and the Baltimore
and Ohio Railroad Company that the COM
pany should give to the District of Column
bia 4 suitable place for the unloading Of
their supplies, and that the company should
be permitted to erect the, existing derrick
or steam crane where it is now located. and
should use :he same for its business, on
condition that the United States should
have right Of way for the delivery of It's
material and supplies of heavy stone etc.
for the new library building.
Gave Space Free of Charge.
The company thereupon supplied to the
District place for the delivery of its ma
terial, which place is now used for that
purpose free of charge to the District of
Columbia, and the company proceeded to
construct said steam derrick or movable
crane, under the direction, and supervision
of the engineer of the District of Column
Dld, tndt DelnS u COHOlllou Oh the agree
ment and such additional tracks as were
necessary to carry out this arrangement
were thereupon constructed And these de-
PENDANTS further aver that not only did the
government have the use of this space and
the derrick referred to in. the building of
it's library but that material for other gov
ernment purposes has been from time to
time since delivered at the request of the
agent of the government at this point and
by means of the appliances above refer
red to.
Constructed by Consent.
These defendants, therefore submit that
the construction of Said derrick, which. as
will appear from rafere6ee to its exhibit
No. 1, is built nots upon. the triangular
reservation, but upoRDeia~are avenue, and
the construction of the tracks used in con-
nection with the operation Of said derrick
were not by laencrdachment or with
out autL ority, but. aoi the contrary, were
made with the full knowledge and consent
of the District Commissiohers. and of the
agent of the United States in charge of
public buildings anh snolnds. and were
built and constructed for the use and bene-