Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-10-31
BOUNDARIES IN DISPUTE.
The Case of Maryland and West Wiz.
~Ginfa I'm the Supreme Court.

The Case OF Maryland and West Wiz.
Ginfa I'm the Supreme Court.
Attorney General John p. Poe of Mary
land has fled in the Supreme Court OF she
United States the answer OF Maryland TO
the cross bill OF West Virginia relating TO
the boundary between the two states The
original bill was filed by Attorney General
Whyte In November, 1891. West Virginia
filed its answer last spring. and its cross
bill last June.
The Iecord is now made up on both sides
and final decision OF this important qrres-
| ton, IL is said. will be given at the present
term OF the Supreme Court. The case is No
on the original docket, and II IL the pur-
pose Of Attorney General Poe to apply 70
the court to fix an early day for the argu-
ment.
A LonG-Disputed Qsestton.
These proceedings bring up before the
Supreme Court for final settlement the lsAe-
disputed boundary between the two std es,
West Virginia succeeding to the claims ma
alleged adversary possession OF Virginia
The claim Of West Virginia as to the west
ern boundary of Maryland is that the Fair
fax stone. planted in i7B to mark the
boundary between the Fairfax grant and
| the colony of Virginia, must be taken to
mark the first fountain of the Potomac"
that being the designation of the western
boundary Of Maryland I'm the charter from
Charles 1 to Lord Baltimore in 1882 West
Virginia also claims that the line must be
thence run north TO the Pennsylvania line
by the line surveyed and laid down by
Francis Deakins in In.
Maryland's claim is that .'the first fount-
ain OF the Potomac" was not truly marked
at the Fairfax stone. but that the boundary
should begin at the head OF the South
branch of the Potomac, as being IN reality
! fan, fntx ~
line should run thence due north TO the
Pennsylvania line. A further claim Of Mary
land II that the Deakins line OF IN was
only provisional line run until the true
line could be definitely settled between the
two states
The southern boundary OF Maryland IN
dispute. West Virginia claims. Is the north
bank OF the Potomac. That boundary.
Maryland claims. is the south bank OF the
Potomac from the first fountain" or that
| river to the boundary line at or near Har-
per's Ferry. between Virginia and West Wiz
ginia, as the boundary between Maryland
| and Virginia was decided by the Black
| Jenkins award to be the south bank from
| Harper's Ferry to the Chesapeake bay.
The land covered by the dispute. accord
ing to Maryland's claim to the South
branch Of the Potomac. consists Of nearly
500, 900 acres.
II the line run by Lieut.. Michier in 1853
should be established instead of the Dea-
kins line, the present supposed boundary
| between Garrett county, Maryland, and
Preston county, West Virginia, viii be
changed and Maryland viii acquire a strip
! OF land, starting from the Fairfax stone.
| thirty-seven miles long and three-quarters
| OF a mile wide at the base. West Virginia
relies upon the long adversary possession
by Virginia of the territory between the
| Fairfax stone and the South branch OF the
| Potomac, and the long acquiescence BY
| Maryland in the claim of Virginia that the
| Fairfax stone marked the first fountain
OF the Potomac"
| The answer of Attorney General Poe TO
| the cross bill OF Virginia contains q run
historical recital OF the facts relating 10
! this long-pendine controversy, snd, with
the exhibits, makes a printed pamphiet OF
/ l0a pages. Ii traces the controversy from
| its origin, through its stages or negotia-
( ton and attempted settlement by arbitra-
/ ton, and gives in detail the acts OF as
! sembly and resolutions of the two states re-
lating to the subject
| In corroboration of Maryland's claim. as
stated in his answer. AR Poe prints. as an
| exhibit MIR. John V. l.. McNahon's cele-
brated argument of the matter In the first
chat,,er OF a history Of Maryland. He also
| prints the elaborate report Of a special
| committee of the senate OF Maryland made
! in 1879 and roproduces the statement OF
Naryland's case contained I'm a paper pre-
pared by Professor Nm. Hand Browne and
! Judge Albert Richie and read before the
Maryland Historical Society December >.