The times., 1898-09-18
THE DISPUTED TRIANGLE.
Answer OF the baltimore and Ohio
Rnud In N Chm rye nf uNresnaxx

tO &hGEEe DI ITeSDHSS.
In the case of the United States against
the Baltimore and Ohio Railroad Com
pany and John X. Cowen and Oscar G.
Murray, receivers. filed last February. the
latter yesterday filed their answer
The suit is brought by the United States
against the Baltimore and Ohio railroad
for the purpose of restraining 1t from
maintaining obstructions on the reserva-
tion bounded by H and First Streets and
Delaware Avenue northeast, which space
is adjoining the freight yards of the
company.
The receivers, Cowen and Murray, in
reply, though their attorneys, Hamilton
q Colbert, emphatically deny that either
by themselves. or through any other agent,
they have continued in the unlawful oc-
clpation and maintenance of the tracks
or derrick upon the space described or
intended to be described in the complaint.
in the manner set forth or in any other
unlawful manner They deny that they
have placed, through any other agent or
employe, additional obstruction upon
said space. consisting OF many large tim
hers TO be used by the receivers in max
ing repairs to the extensions of said der
rick, but they aver that under an order
OF the court, passed in this cause, they
did repair said derrick in order that the
same might be safe TO the employees of
the road and TO the pubic pending this
cause. And they deny that any act of
the railroad company, or of the receiy
ers. or Of any agent of the company, con-
stitutes ''trespass and purpresture upon
the land of complainants." which should
be abated, or which gives to this court
any jurisdiction over the subject matter
of this suit
The receivers further say that from the
time of the entry of the Baltimore and
Ohio Railroad Company into the District
of Columbia, and up to about 1872, the
said company occupied portion of said
space with its tracks. not only with its
main tracks, but with certain OF the
sidings now located upon it, and that dur
ing that time no claim was made that
any part of the space was a government
reservation, but the entire space seemed
TO have been considered as a part of
the streets intersecting at that place;
that in 1872, or thereabouts, the board Of
public works, then the governing body of
the District OF Columbia, claimed a tri-
angular part OF this space, and entered
upon the same and covered il over with
asphalt pavement That. having done
this. the board Or public works, or It's
successors, entered into an arrangement
with the railroad company whereby that
company was permitted 10 use the trian-
gle and to occupy ii with its tracks, and
permission given TO build additional
tracks. or condition that it should unload
on the unoccupied part of the space ma
terial consisting chiefly OF terra-cotta
piping and sewer supplies, for delivery to
the District government. That this ar
I rangement remained undisturbed and was
in fun force until about 1887, when juris-
diction over this triangle was claimed
by the United States Commissioner of
Public Buildings and Grounds, and the
/ triangle was numbered and known there
! after as reservation 201 After this claim
was asserted on the part of the United
I States, the Commissioners of the District
I of Cc~Imbia notified the company that
+ the triangle was under the Jurisdiction
I of the Commissioner of Public Buildings
and Grounds, but no proceedings were
/ taken by the government or by the Dis
{ trict Commissioners to disturb existing
{ conditions, and the agreement heretofore
mentioned, whereby the triangle was
used as a place of delivery for Dis
trict supplies, continued in force until
& les9 or 1880 when the Government being
/ desirous Of having a convenient place,
I with the necessary facilities for unloading
! large granite and marble blocks for Lse
in the new library building, suggested this
! triangle as suitable place Thereupon
i it was arranged by and between the
Commissioner of Public Buildings and
! Grounds, Col. Ernst; the Commissioners
. OF the District of Columbia, through En-
gineer Commissioner Raymond and the
/ Baltimore and Ohio Railroad Company
that the company should give TO the Dis
trict of Columbia suitable place for the
unloading Of their supplies, and that the
GOV Gha 10 ,F....
the existing derrick or steam crane where
1t is now located, and should use The
same for its business, on condition that
/ the United States should have right of
way for the delivery of its material and
] supplies of heavy stone, etc, for the new
library building.
The Baltimore and Ohio company there
/ upon supplied TO the District a place for
! the delivery of its material, which place
] is now used for that purpose free of
! charge to the District of Columbia and
/ the company proceeded to construct
! steam derrick or movable crane under
| the direction and supervision of the engi-
! neer of the District of Columbia, that be-
! ing a condition of the agreement and
such additional tracks as were necessary
/ 10 carry out this arrangement we.e there
! upon constructed. And the defendants
! further aver that not only did the Gov
ernment have the use of this space and
! the derrick referred to in the building of
| its library, but that material for other
! Government 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 referred TO.
The receivers therefore maintain that
the derrick is built, not upon the triangu-
! lar reservation, but upon Delaware Ave-
] me. and the tracks uSa6 N connection
with the operation of the derrick
were built and constructed for the use
/ and benefit of the United States Govern
ment and of the District of Columbia.