The times. [volume] (Richmond, Va.) 1890-1903, 1893-01-24
VIRGINIA V. TENNESSEE
Il BIG Legal BATTLE BETWEEN
TIE TWO PRECIPITATED.
Suit for One Thousand Square Miles insi-
tuted by Mr.. Rufus A. Ayers
A Humorous Side.

a few months ago Hon. Rufus A. Ayers
filed bill in the Supreme Court Of the
United States to extend the southern
boundary of Virginia eight miles into
Tennessee. a subpoena WAS issued Tor
the Attorney-General and Governor OF
Tennessee to appear and answer, which
they did. The case will come Up in me
Supreme Court in February or March and
viii attract national attention.
The territory in dispute amounts TO
about 1000 square miles. being about s
miles deep and 80 miles in length. "
Virginia should win this suit she Viii get
one-half OF six counties. including the
towns Of Bristol and Cumb ri and Gap, the
big Louisville and Nashville railroad
tunnel at Cumberland Gap. several miles
OF the Knoxville. Cumberland CAP ana
Louisville railroad, and part OF the great
East Tennessee, Virginia and &c 'rgia
road. The country involved is rich in
mineral timber and coal.
on the territory In dispute II g cstl-
mated that there are about 1000 inhabi-
tants. ii taken from Tennessee II would
not seriously affect that State politically,
but would give the Democrats a bigger
ma jority. as the voters In this territory
are largely Republican.
BY giving up the disputed territory the
entire northern boundary, from White Top
Mountain to the Cumberland river, would
be straight line
The present litigation is something over
three years Old 0nd started in Bristol,
when the Bristol CTenn) Water Works
Company started TO lay pipe on the east
side Of Main street. The Bristol Va)
Water Works Company enjoined them in
| the chancery court, and the suit has gone
| the gamut Of all the courts to the court of
| last resort.
Years ago the people of Bristol agreed
on the centre Of Main street as the state
| line for the sake of convenience. In the
water works suit Virginia claimed that all
Of Bristol was on her side of the line,
while Tennessee claimed that the state
| line was really the eastern line of Main
street This is the point they expect to
establish In the United States Supreme
| Court.
The records in the case would fill sew
eral bound volumes OF ordinary size. ana
include hundreds of depositions taken at
Bristol and along the line all the way TO
Cumberland Gap, copies of surveys mad :
at different times, and reports OF the sew
elal commissions appointed to establish
the disputed boundary at different times.
The records contain much valuable his
| torcal matter which has never appeared
| in print.
Going back to the beginning there was
q controversy between Virginia and North
Carolina regarding the line between Vir-
| ginia and the territory belonging 10 North
Carolina now embraced In the State OF
| TEN essee. In 1888 a commission was APP
| pointed to establish the boundary, starting
on the Atlantic coast. When they
reached White Top mountain. that bold
sentinel of the Alleghanies which can be
seen hundred miles in any direction,
| upon wfose summit :he three States Of
Virginia, North Carolina and Tennessee
corner. they disagreed as to the line y est
ward. Two lines were run from the White
Top to Cumberland Gap. only thee miles
apart. one survey, conducted by the Viz
ginia commissioners. was called the
Worth survey. The North Carolina sur
vey was known as HendeTsons, and was
made by General Henderson. who at one
time had charter for nearly all the
territory now included in the State Of
| Kentucky, and in whose honor the city
of Henderson was named. Neither sur
Wy vas ever adopted. and the strip OF
disputed territory soon became known
as NO Mans Land" and was the rendez-
vOus Of thieves, murderers and criminals
of every description. These outlaws came
IT DH DOln Slt'S VI liic SlllDs anu MiEll
n man committed a crime within reason
able distance he made a break in that
direction, where he was positively secure
from officers of either State.
The condition Of affairs was the cause
Of a bitter cont oversy between William
Blount, first Governor of Tennessee. and
the Governor of Virginia. They "ft and
bled," as the saying goes, over the matter
from the time Tennessee became a State
In 1876 until 1892. when they finally agreed
to appoint commissioners from each State
to settle the boundary. These commits
sioners agreed on a compromise equl-dis-
tant between the Worth and Henderson
lines, which has ever since been re-
cOgnized by both States. The people on
either side work their roads and pay
taxes up to this line 1t is supposed to be
a straight line, but II is not. The law
required the engineers TO run absolutely
due west from the White Top TO the Cum
berland mountains. but owing to the den
sity OF the forests and to other natural
obstacles there are several offsets, the
most valuable of which is in Dentons
valley in Hancock county. and in
Powell's valley, near Cumberland Gap.
There was no trouble about the line
any more until along in the sos, when
the country had become more thickly set
tied. Confusion then arose as to the
proper location of the boundary, because
of the destruction by fire and otherwise
of marked trees.
In 1888 both States agreed on a joint
commission. with power to appoint engi-
neers 10 run out and remark the COM
promise line of 1902. The Virginia COM
missioners were Leonidas Baugh and
James Black, of Abingdon, and Tennessee
was represented by General Milligan. OF
Greenyille, and Colonel George X. Nc
Clelland, OF Sullivan county. A careful!
survey was made and exhaustive reports
Of the same submitted to the respective
Governors. The commissioners reported
that they had found no difficulty with the
old line, and that 1t was correct according
to the compromise.
Governor Wise, of Virginia, recommend
ed the rejection Of the report, which the
Legislature proceeded to do. His objec-
ton was based on the fact that the en-
gineers commenced their survey at the
base OF White Top Mountain, instead OF
going TO the top. Tennessee never acted
on the report. and so matters existed un-
I'll the suits were instituted at Bristol
three years ago.
II the Commonwealth OF Virginia gains
this famous suit much that is novel and
makes romances for Bristol will be knock
ed out. The magnificent new court house
and city hall will be useless, and the
beautiful new school building will have
TO be converted into church. The mu-
nicipal officers will be forced back to their
former professions. Father Burroughs,
who has married more than three hun
dred runaway couples from Virginia in
the past Two years, will have to move
TO some shall village near the line-and