The Republican. [volume] (Oakland, Md.) 1877-current, 1893-11-02
A STATE CONTROVERSY.
Boundaries Disputed by Maryland
and West Virginia.

/ and West Virginia.
Acknowledgement John p. P e,
of Maryland, was in Washing tou
Monday and fled in the Supr me
Court of the United States the att
swer of Maryland to the cross bi |
Of West Virginia relating to he
boundary between the two States.
The original bill was filed by Attor-
neY-General Whyte in November,
1891. West Virginia filed it's am
swer last spring, and its cross-bill
last June.
These proceedings bring up be-
fore the eupreme Court for tiual
settlemeptthe long disputed bound
airy betwSen the two States. West
Virginia succeeding to the claims
and allegSA adversary possession Of
Virginia. k'rhe claim of West vir.
ginia as tpkhe western boundary of
Maryland Is that the Fairfax stone,
planted in 1916 to mark the bound
airy between the Fairfax grant and
the colony of Virginia, must b.
taken to mark "the first fountain
of the Potomac" that being the
designation of the western bound
AIRY of Maryland in the charter
from Charles ! 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 l771.
Maryland's claim is that "the
first fountain Of the Potomac" was
not truly marked at the Fairfax
stone, but that the boundary should
begin ut the head of the South
Branch of the Potomac, as being in
reality the first fountain of the river,
and that the line should run thence
due north to the Pennsylvania line.
A further claim of Maryland is that
the Deakins line of 1771 was only
a provisional line run until the true
line could be definitely settled be-
tween the two States.
The southern boundary of Mary
land in dispute, West Virginia
claims, is the north bank of the Po-
tomac. That boundary, Maryland
claims, is the south bank of the POI
tomac from "the first fountain" OF
that river to the boundary line at
or near Harper's Ferry, between
Virginia and West Virginia, rs the
boundary between Maryland and
Virginia was decided by the Black
jenkins award to be the south bank
from Harper's Ferry to the Ches-
apeake bay.
The answer OF Attorney General
Poe to the cross-bill Of Virginia
contains full historical recital OF
the facts relating to this long-pend-
ing controversy, and, with the ex--
hibits, makes printed pamphlet OF
. 104 pages. 1t traces the contro-
, yersy from it's origin, through ito
stages or negotiation and attempted
, settlement by arbitration, and gives
, in detail the acts of Assembly and
, resolutions of the two States relat-
! ing to the subject. In corrobor-
3 alton Of MarYland's claim as stated
0 in his answer, Mr.. Poe prints as an
{ exhibit Mr.. John V. L. McMahon's
t celebrated argument of the matter
IN the first chapter of a history of
r Maryland. He also prints the
0 elaborate report of a special COM
t mittee of the Senate of Maryland
b made In 1888 and reproduces the
Q statement of Maryland's case con-
/, tanned in a paper prepared by Prof.
8 VIM. Hand Browne and Judge AL
e bert Richie and read before the
Maryland Historical Society Deem
Der 8, 1890.
+. The record is now made up on
T both sides, and a final decision of
! this important question, it is said,
will be given at the present term Of
, the Supreme Court. The case is
+ No. 6 on the original docket, and
it is the purpose of Attorney GEN
eral Poe to apply to the court to
fix an early day for the argument.
The land covered by the dispute,
according to Maryland's claim to
the South Branch of the Potomac,
consists of nearly 500, 900 acres. II
the line run by Lieutenant Michler
in 1859 should be established IN.
stead OF the Deakins line, the pres
ent supposed boundary between
Garrett county, Nd, and Preston
county, W. Va, will be changed
and Maryland will acquire 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, aud the
long acquiescence by Maryland in
the claim Of Virginia that the