New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-09-06

THE MARYLAND WEST VIRGINIA BOUND
AIRY QUESTION

1T WILL BE PASSED UPON BY THE SUPREME
CorRr-oRIGIN OF THE DIFFICULTY.
Washington Sept 4-The United States Supreme
Court soon after it will be called upon
to settle dispute between the States Of Maryland
and West Virginia which grows out of an error
committed by Lord Fairfax when he lad out the
boundary line between Maryland and Virginia 10
years ago The question is as to the ownership or
strip of land threc-quarters of "A mile wide at the
widest part thirtyseven miles long and tapcring TO
a point and now claimed as part of Garrett Coun-
tv Md 1t has truly been. lawyers have termed H..
"a long drawn out case" and. account Of the
length of time which elapsed before Maryland I'M
dert ook assert her rights. although IT Is claimed
there no doubt of her rights 10 the strip Of land
In question: the judgment of the court may he
against her
According to the evidence gathered on the sub
iect by the various attorneys generals of Maryland
who have handled the case the mistake appears 10
have arisen through the setting of the Lord Fair
fax stone in TAG the head of the norm hranch
OF the Potomac River instead Of tho south branch.
unGer the impression that the former was the longer
stream and proper hcadwatcrs of tho river. and
without the knowledge or assent Of Lord Baltmors.
who subsequently protested against the boundary
line as thus established. No further action was
taken however until iii. on account Of the raging
of the French and Indian wars during the interNen-
ing twenty-five years In Ill the Governor of Mary
land appointed a commission under which = survey
was made by Thomas Crcsap. who found that the
most westerly fountain of the Potomac WAS me
south branch.
Anotber delay WAS caused by the Revolutionary
War The State Of Virginia then took possession
Of her territory and. as claimed. coded TO Maryland
all land under her charter. Subsequently the con-
trovcrsv was resumed between the TWO states as
appears by various resolutions of the Legislature
of MARYLAND and letters which passed between inc
Governors of the two States between l''o ana IN
VIRGINIA also passed act in lSs having Tor l'S
object the settlement of the boundary line and the
commitment of the commissioners who were 10
meet similar commissioners on the part OF Mary
land In 1884 the State Of Maryland fled p"l III inc
United States supreme Court asainS' 'he "'a'e VI
,-'ii, 20 settle the case which, however. In the
belief that the question could be amicaby settled
was subsequently withdrawn. Eut no settlement
,os reached and the question then lay dormant Tor
sixteen years being revived in ls' when ooth states
nassed acts for the appointment oil commissioners
TO have the line surveyed 90
xo,hir~ was don, under these acts. and In is's
VIRGINIA passed an act providing 'or JONI CON-
mission to trace the southern boundary from
c,,,b., pon, 10 the Atlantic Ocean. ana IN" west
arr houn1arv from "the Fairfax stone 10 ih' PENN
svlvania line The Maryland act OF H. pr"Nlu''
only for the appointment Of JOINT '"hl'''iSS"" 10
r , line north from the Fairfax stone. with the
exnress DIVISION that such line whrn f"''''" ~
ho,h Legislatures" should be the boundary De
,uen, Tho two States: but it contained no pr"Vl-
sion concerning the settlement OF IN" southern
boundary Commissioner r j. Lee. OF M"rN"'''
mo, Colonel Angus W. Mcdonald Commissioner o.
Virginia. and proceeded TO carry out INSTRUCTIONS
In difference 20 the western boundary The services
of ricu,enant ~ Micher. United Stn'"H Army
v,erc obtained and line Wa run from me ra'i-
.v storc 70 The Pennsy lyania Hnc. about 'hf'e-
fourths of a mile west of the Dcdkns I'M, IT,,
This would give Maryland the w"dE' OF '"hu 81,
NOW claims in the controversy Inc l%ElsISnui' "
MARYLAND promptly ratified this me, bu' NiitH,i
1id no, II. .sing instead two resolutions, oht 10
,nork Nchlcr's line. and another to soma an "N'"'
"a L,,ropc 10 collect documentary cNld'h,' 70 -
cSrt,in md establish the true lines OF BOUNDARY
ate thu. leaving the question sun "l'i 'h"' ."
mo state OF Maryland now claims, H"NlnE i'l
clearly RENTED her Oririn;l rlsh'S uil"'i M
ch.rt,r and tho distinct recognition Oh n'i "o"i
dares ,bcroundcr by the Virginia constitution .,
,--s tn. war prevented further conSlu'rttl" non .!
the nucstion and aftcrward the stat" Oh ~
| Vireinia which was formed during IN. VIZ
claimed that she was not bound ny INC Mi'i., W.
ta as Virrinia had never ratified II. West Alr-
~inia in 1865 passed act for Joint surNrl, n'n
sti.'n ,,,s made and Maryland took no iurth'I
70 bring the matter the attention 81 thr 'f1Nrt
nor Of West Virginia. and the l"slsia'ui" "t 'l'
Liter state then passed an act ra'lNlhH inc M J..
inr limo hut with such restrictions As were nor
nccont abIo TO MARYLAND. The present sun WAS altI
,yard entered by Attorney General w lIH"lH iH.'n
"e,, White and John =. Poe his successor. Nt,p'
nov General Harry NJ Clabaugh. having Su'r''" ~,
! Mr Poe in arice. will try the case before inc
!