Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-02-24

AaH.A.fee
Rrse,a, Ts'sg-lra % 40 asJl';sr.
WAsulNGrov. February 23.-The an
swer of the State of West Virginia be
the suit brought by the State OF Mary
land ip the settlement of the western
boundary between the States, 10 tue
Supreme Court ofthe United States, has
been filed by Attorney General Caldwell
and MesSrs. Flournoy aud Price, assist
aat special counsel. The claim or
MARYLAND is TO get % the mead spring
% the south Branch OF the Potomac,
instead OF the North Branch, as it has
heretofore been established. The an
swer is q volumiuious document, cover
ing over a hundred pages of type writ
ten manuscripts. JIG traces the Colonial
history of Virginia and Maryland from
the founding 90 the Virginia colony IN
1906 and the granting OF tho chart
er OF Maryisad iu 1852 90 the pres
ent time. The territory OF Maryland
was originally taken from Virginia.
The call for to western boundary IS
the first iountaia OF the Potomac river
and the question that has been 10 DIS
puts between the states has oeen
whether the North or the Souln
Branch is the Potomac river. rms
answer shows that the river was sur
viewed in 1886 by commissioners ap-
nointed IN establish the boundaries OF
the Fairfax grant, aud upon report
made t1 the King ia Council the
North Branch was determined 90 be the
Potomac river and 10 1896 the
,,Fsirfax stone" was planted az
the head of the North Branch.
Lord Baltimore. the proprietor OF tue
Colony OF Maryland, was present at 'ne
hearing and had notice OF these pro
ceedings and made no objection ana
and took no action 20 reopen the cues
ton prior 20 the Revolution. Governor
SHARP had the TWO branches OF the
rivers surveyed by Col. CreSap before
the Revolution. After the Revolution
and uD Co ISIS the Legislature or Mary
land passed various acts for the appoint
meDt OF comm ssiOuerS 20 meet COM
missi0nerS 90 be appointed by Virginia
for the settlement Of this boundary
question, aud iu ISIS Maryland, Tor the
FIRST time. agreed thar the commission
ers should go the head springs OF the
North Branch ADD run due north line
TO the Pennsylvania line. Virginia APP
poirted comm sSiOuers with similar I'M
structions. but tho commissioners, dis
agreed and nothing came OF it.
In 1882 Maryland Instituted suit In
the Supreme Court OF the United States
for the settlement OF this boundary
question, but subsequently dismissed
IL. and in 1852 commissioners were app
pointed by both States, and they were
directed 90 90 90 the Fairfax Stone
and run q due north line 20 the Penn
svlvania line They employed Lieut..
Michler, of the United States Icpo-
graphical Survey, and he ran the line
from Fairfax stone" 20 the Pennsy.va-
MIA line. and 10 was subsequently rati-
fed and marked aud established by the
state OF Maryland, but the state OF
Virginia failed % ratiiy it.
The answer asserts that the State or
Maryland has never set up any claim 70
20 20 the head spring of the South
Branch since that act Of 1852, bur has
uniformly insisted that the M.ch.er liue
is the true boundary line between the
States al that point and that the only
DISPUTE that has ever existed between
West Virginia aud Maryland has been
as 20 whether tLe Niehier line or line
run by Francis DeaEinS in 11So is true
boundary lice between Preston county,
West Virginia, and Garrett county.
Maryland Mjchler's line strikes the
PENNSYLVANIA line three-Q quarters OF a
mile west 81 the Deakin line, leaving
wedge-shaped piece OF land extending
from the Pennsylvania line 20 point at
the 'Fairiax stoue." 10 controversy BE-
tween the two States.
The answer shows that the Colony
and the State of Virginia aud the state
of West Virginia have had possession
OF and exercised exclusive jurisdiction
OF control over an the territory SOUTH
of the North Branch ever since the sur
vey of the Fairfax grant OF ls45. Iha'
the Fairfax stone" has been called to'
as point Ga the boundaries of cOuutie.
of Virginia and West Nirginia-name
~ the counties OF Hampshire. Hardy
Mineral, Grant Tucker and Preston
and that Virginia granted all the land
laying west of the DeakOn line before
the Michier line was run.
Answer further shows frOms act
OF recognition Ou the part o.
the State of Maryland ia the Nortl
Branch and the Fairfax stone, as be
ing the boundary between the tvs
States. and shows that In providing fo
the formation OF Garrett county, Nd.
the Constitution of 1851 of that Stau
recognized the North Branch and th
FAIRFAX Stone" as the better line be
tween the Two States that various act
OF the Legislature OF Maryland also rec
ognize this boundary; that the govern
ments of MARYLAND have hOnOred requi
sitious by the governments OF Yves
Virginia for fugitiveS OF Justice in th
territory. now claimed by Maryland
aud that the county author.tie
have built bridges az thei
Joint expense across the Mort
Branch that the country iyiUl
between the South Branch and Mort
Branch began % Oe settled Up after l72o
that IL has grown % be one of the mos
thrifty and prosperous parts OF th
State Of West Virginia, embracing th
towns OF keySer, Piedmont, Elk Gar
den, Davis and Thomas, besides othe
towns and villages, and that the peOu,
occupying this territory have ever sine
its first sottlemet of the white poop.
adhered and Acknowledged ailegiauc
ouly 20 Virginia and West Nlrginis
have voted for the officers Of said States
paid taxes 20 such states, and that th
courts % said States have administers
the laws therein, whereas the State O
Maryland has never exercised ans 6in
of jurisdiction over any part AnSwe
further shows that The North Branch
the straight river lt the point Of jane
tion with the South Branch. 10 IS I'D
deeper and wider stream; thar the Sout
Branch is out a sributary 60 The mai
river, bearing the same relation 30
that New river. PatterSOn's creek, L!'
tie CapOn, Great CapCn have, all O