The Republican. [volume] (Oakland, Md.) 1877-current, 1893-03-02
WEST VIRGINIA'S ANSWER.
Another Step in the Boundary Line
Controversy.

Virginia over the boundary line be.
tween the states, now pending in
the Supreme Court. has advanced
one step further by the answer of
the West Vlrginiaus to the case of
Maryland presented some time ago
by ex-Gov. Whyte. The reply is
very exhaustive, covering nearly a
hundred pages of closely-typewrlt-
ten matter, 1t was filed by Attor-
ney General Caldwell, OF West Vir-
| ginia, and Messrs. Price and Flour
nov. special counsel. Maryland's
claim is to get to the head springs
of the South branch of the Poto-
mac, instead of the North branch.
as is the present boundary.
The answer just filed starts off
with an elaborate history of Mary.
land and Virginia, beginning with
the founding of the Colony of Vir-
glnlain1606 and the granting of TIE
Maryland charter to the colonists
in 1852 to the present time.
The territory of MARYLAND was
taken from Virginia. and the orlgi-
nal call for the western boundary
was 1.-THE first fountain of the Poto-
mac river" The question that
has been and still is in dispute be-
tween the states is as to whether the
North or South branch Is the "Po-
tomac river" The answer asserts
that the river was surveyed in 1876
by commissioners appointed to es-
tablish the boundaries of the
"Fairfax grant," that they reported
the North branch to be the Poto-
mac river, and that in TAG the
Fairfax stone was planted at the
head of the North branch; that
Lord Baltimore, proprietor of the
Colony of Maryland, had official
notice of these proceedings, but
made no objection, nor did he seek
to reopen the question prior to the
Revolution; that Governor Sharp,
of Maryland, had the two branches
surveyed by Colonel Cresap before
the Revolution. In 1918, Mury-
land, for the first time, agreed that
commissioners appointed by her
should, together with commission
crs appointed by Virginia, 90 to
the head spring of the North branch
to ran a due north line to the
Pennsylvania line for the purpose
of settling this disputed boundary
question, but the commission disa-
greed. In 1852, Maryland insti-
tuted suit in the United States Su-
preme Court to settle this dispute,
but it was subsequently dismissed,
and in 1852 commissioner were
again appointed by both Maryland
and Virginia, with instructions to
proceed to the Fairfax stone" and
run due north line to the Penn
sylvanla line.
They employed Lieutenant Mich
Ter, Of the United States Topo-
graphical survey, who ran the line,
which was ratified, marked and es-
tablished by Maryland, but VIr.
ginia failed to ratify 1T. The an
swer further alleges that Maryland
has meyer set up any claim to 60 to
the head spring of the south branch
since 1852, but has uniformly in
sisted that the Michler line was the
true boundary at that point; that
the only dispute between MARYLAND
and West Virginia has been as to
whether the MIchler line or a line
ran by Francis Deakin N 1887 is
the true boundary between Garrett
county, Md, and Preston county,
W. Va. Michlcr's line strikes the
Pennsylvania line three-quarters of
a mile west Of the Deakln line,
leaving wedge-shape piece Of ter
ritory, extending from the Fair
fax stone" to the Pennsylvania line,
in dispute.
The answer furthur recites that,
first, the colony and then the state
Of Virginia, and latterly West VIr-
glnia, have had possession Of and
exercised exclusive jurisdiction and
control over all the territory south
Of the North Branch ever since the
Fairfax grant survey in 1745; that
the Fairfax stone has been used
and recognized as basis of the
boundaries OF the counties of
Hampshire, Hardy, Mineral, Grant,
Tucker and Preston, now in West
Virginia, and that Virginia granted
all the lands lying west of the
Deakin line before the Mlchler
line was run; that Maryland has by
different acts recognized the North
Branch and the Fairfax stone as
being the true boundary line; that
in establishing Garrett county,
Maryland recognized this boundary;
that Maryland has honored requisi-
tons of West Virginia for fugltives
from justice in the territory now
claimed by Maryland; also, that
bridges across the North Rrancb