Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-03-07

Ex.-GOv. whyts's Opinion OF the Matter
The contro versy Has Been Pending Over
q, ro,frrx
RoItimors 81.

Century.
Balsimors Sn.
Ex-Gov. VIM. Plnkney Whyte said
yesterday speaking OF Maryland and
West Virginia boundary: THE answer
fled in the Supreme Court Of theU nited
States by West Virginia 10 the bill died
by me IS resume OF the claims or the
State OF Virginia before its dis
memberment, aud is the same argu-
ment heretofore advanced By the State
OF West Virginia. The controversy mas
been pending about century ana " IS
doubtful when 1t can be finally cioSeu''
as the proceedings in the supreme
Court is a suit in equity on the original
side OF that court. The taking OF testi-
mOny Will involve vast amount OF Ia
Dor. "
at was IN view Of the long delay
which was certain 20 follow a suit Ia
the United States Supreme Court ana
the enormous consumption OF time IN
securing the evidence that l urged the
MARYLAND Legislature Of 1SSS 10 agree
10 An arbitration of the differences be-
tween West Virginia and Maryland,
preeisely as had been done in regard 10
me southern boundary between Virgin
IA and MARYLAND. and for that purpose
I submitted TO the Legislature olI'
providing for such arbitration. Inc
Legislature rejected the proposition ana
nothing was done until 1850, when a law
was passed directing the Attorney Cen
eral 10 bring suit In the Supreme
Court 10 settle the boundary dispute. =
ssIt is probable that had the ar6itra-
tion plan been successful the Whole
dispute would now have been settled.
The bill was filed by me containing IN
the concrete the claim or Maryland
that its boundary is the South Branch
of the Potomac, which has given the
West Vlrginians as much concern as
the. claim that Maryland'S southern
boundary was the south bank OF the
Potomac gave 10 the old Nirglnians'
The srbitratOrs decided Maryiand'S
claim 10 be correct.
1.-The case as il now stands between
the states is not only serious one, but
one involving so much that the repre-
sentatlves OF Maryland should sea that
the States interest are fully protected.
West Virginia has employed MesSrs.
Price and FloulnOy, two Of the ableSt
OF her lawyers, as special counsel 10 ala
Attorney General Caldwell, but when 1t
was proposed in the Senate OF Maryland
in 1892 10 secure counsel to aid Attorney
General Poe the proposition was de-
fsated on the ground that the Attorney
General needed no aid. IL Is possible
that the Legislature Of 1894 may come
TO a different conclusion when the At
torney General shall discover the JOB be
has before him.
'In connection with this question
the letter Of Daniel Dulany 70 Charles,
lord BatlmOre) which has not been
published, I think, dated Annapolis,
July 81, 1874, will throw some light on
the authority OF Maryland'S claims. The
letter was as follows: "Since my last
letter of 10th inst, l have heard
of a thing in which your lordship's in
terests Is much concerned. The Poto-
mac river above the mountains is divid-
ed into two large branches, Of which
the South Branch IS the largest and the
longest, and, as 1 am Informed, the
main branch, and consequently your
lordship's boundary. Between these
branches is a greas~b0dy OF fine land,
upon which several people have been
encouraged 70 settle by the government
OF Virginia. IL will not be difficult TO
.rarSoFe these iutruders or induce them
% become your lordship's tenants, pro-
vided they are not suffering to estab-
llsh themselves, but II they are, IL may
be attended with great difficulty.