The Republican. [volume] (Oakland, Md.) 1877-current, 1894-05-17
THE BOUNDARY,
The Story of the Great BoundaryDis-
pute Continued.
T. Jay in Cumberland News.
OAKLAND, Md, May 4, 1894.
ADVERSE POSSESSION.

I've jurisdiction ana control over all
said territory south Of SAID North
Branch. and west of the meridian
line drawn from the Fairfax stone
to the Pennsylvania line by her and
the colony and the State Of Viz
GINA for more than one hundred
and fifty years; and the acquies.
cence Of the State of Maryland
therein as a full and complete an
swer and defense to the claims and
pretenses Of the State Of Maryland
set forth in her bill of complaint
filed in this suit.
And the State of West Virginia
asks that the court will give and
accord to her the benehtof all the
legal and equitable assumptions
arising from the said long contin-
ued possession and exercise Of juris-
diction and control over sale aerri-
tory and of said laches and acqui-
escence of the State of Maryland.
MARYLAND ACT OF 1890.
The State of West Virginia furth-
er answering, says that Che act of
the General Assembly Of Maryland
under and by virtue Of which this
suit was instituted by the Attorney
General of said State, being chapter
5G3 of Acts Of 1890, and published
along with the bill filed IN this SUIT,
did not authorize or direct the At
torneY General to make such a
claim as that contained in the sand
bill, and did not contemplate the
assertion of the old claims Of Mary
land to go to the south branch Of
the Potomac as her boundary line,
which had long since been abandon
ed by her. 1t simply provides,
''That the Attorney General Of the
State be and he is hereby authorized
and directed to take as speedily as
possible such steps as may be nee
essary to obtain decision Of the
Supreme Court Of the United States
which will settle the controversy be
tween the States of Maryland and
West Virginia over and concerning,
and which will finally fix and deter
nine the true location of that por-
ton of the boundary line between
said states, lying between Garrett
county in the State Of Maryland
and Preston county in the State of
West Virginia.
SUIT BROUGHT WITHOUT AUTHOR
And so the State of West Virginia
says that the Attorney General
of the State of MARYLAND had no au-
thority to bring this suit in the
manner in which it was brought
and that the said bill of complaint
was filed without proper authority
from the plaintiff the State of Mary
land.
ACT OF 1890 RECOGNIZES THE n ORTIZ
BRANCH AS BOUNDARY.
And the State of West Virginia
says this last named act of the Leg
islature of Maryland is of itself a
recognition of the North Branch as
the boundary line between the states
and the Fairfax stone as a point in
said boundary.
The provision of the constitution
of the State of Maryland of 1871
authorizing the creation of the
county of Garrett, and the act Of
1872 by which it was created, both
recognize the North Branch as the
boundary line and the Fairfax stone
as point in said boundary as
has been hereinfore shown and this
act confines the object of the suit
authorized to be brought to the set
Element of that portion of the bound
airy line between said Garrett coun-
ty IN Maryland and Preston county
in West Virginia. This is the only
line between the counties named in
said act. And the real matter of
controversy between the two States
as to this line was and still is wheth-
er the old Deakins line of 1888 or
the Michler line of 1851 the true
boundary line of the States between
said counties. And the intention
of the legislature in directing suit
to be brought was to obtain set
Element of this disputed boundary
line and not to open again the con-
troversy about the South Branch of
the Potomac.
DEAKINS LINE THE BOUNDARY.
Now as to this line running from
Fairfax stone to the Pennsylvania
line the State of West Virginia re-
spectfully insists and claims that
the old line run by Francis Deakins
in 1888 is and should be established
as the true boundary line between
the two States and that she is en-
titled to all the territory lying west
of said line.
This line was run under the au-
thority of the State of Maryland
and is a due north line. 1t was
run by a competent and EXPERIENCED
suveyor selected by the State and