The evening times., 1896-08-20
LORD FA|RFAx's ERROR
His Boundary Stone Productive
of Long Litigation.
SETTLEMENT Is IN SIGHT
Maryland and Virginia Are the Con-
testanfs-For Century and Half
the Matter Has Been In Dispute.
West Virginia Inherits the Suis
From Virginia

The United states Supreme Court will,
during the early portion of lis coming term,
settle the question OF the boundary line
between Maryland and Virginia
The portion of land involved is a cone
shaped strip, claimed as part OF Garret
county, Nd three-quarters OF nile wide
at the base and thirty-seven niles long.
taperiDg to d Point.
1t has heen ''long drawn OUT case and
! owing To the length of time which had
elapsed before Maryland undertook to as
i sert her rights, although 1t is claim ed there
| is no doubt of her right to the strip d
land IN question, the Judgment of tho
court may be against her
The mistake as to the boundary line ap-
pears to have arisen through tie setting up
OF the Lord Fairfax stone, In 746, near or
| about the head OF the north branch uf th,
Potomac river, instead of the south branch.
under the impression hat the former was
| the longer stream, and proper headwaters
| of the river, and without the knowledge
or assent OF Lord Baltimore, who suisc-
| quenuy demonstrated against the boundary
line as thus established Thereafter the
/ dispute was suspended and ret r,ied by tho
l.
DELAYED BY THEwAR.
Then The governor of Maryland appointed
commission under whom i survey was
made by Thomas Cresap, and ho found that
the most westerly fountain OF the Potomac
| was that OF south branch. Another delay
was caused by The Revolutionary War. The
STATE Of Virginia then took possession of
herIerr:tory, and, as claimed ,ceded 10 Mary
| land all and under her charter.
Subsequently, however, the Controversy
was resumed between the two states
Maryland and Virginia appears by
various resolutions of the legislature Of
Maryland, and letters which passed be-
yween the governors of the two States, be-
tween 1886 and 1926. Virginia also pass
ed an act in 1888, having for its object the
settlement OF the boundary line, and the ap-
pointment of commissioners, who were
| 10 meet similar commissioners on the mart
of Maryland.
| In 1881 the State of Maryland filed a
| bill in the United States Supreme Court
| against the State of Virginia, to settle the
| case, which bill, however. in the belief that
The question Could be amicabIy settled, was
subsequently withdrawn. But no settle
nlent was arrived a., ants the question thea
| laydorinant for sixteen years, down TO s % .
| Wien 1t was once more revived, aud Mary
| land and Virginia both passed acts for the
! appointment of commissioners to have the
| line surveyed.
JOINT COMMISSION APPOINTED.
| Nothing was done under these acts. no W.
ever. and in 1858 Virginia passed an act
| providing for Il Joint comnissiouto 10 trace the
southern boundary from Smiths Point to
| the Atlantic Ocean and the western
boundary from 1.-The Fairfax stone TO tho
| PENNSYLVANIA line The Maryland act of
| 1852, chapter 10, provided only for the
| appnin;men Mt of Il Joint commission tn run
| and maze a line due north from the Fair
| fax stone, with the express provision that
such line, ''wi.eD ratified by both legisla-
! lures" should be the boundary between the
two States. but contained no provision CON
cerning the csettiementofthes southern bound
| ary.
Commissioner TT Lee. of Mar yIand met
| Cot. Angus " Mcdonald. commissioner Of
| yirg nia. and proceeded 10 carry out his in
| structions in reference to the westerlfbound-
| ary. The services of Lieut.. N. Michier, U.
| s. L., were obtained, and line was run
| from the Fairfax stone TO the PENNSYLVANIA
line about thrce-quartcrs OF a mile west OF
the ncakins line. This would giveto Mary
land the wedge of territory she now claima
in the controversy
Tie legislature of Maryland promptly
ratified this line. but Virginia did not
instead passing two rcsolutions-one 10
mark Mchler's line. and another to send III
| agent to Europe to collect record and dec
umentary evidence Ito ascertain anu es
tablish the true lines of boundary. etc. thu:
leaving the question still open. ard, as tn,
State OF Maryland now claims. leaving hel
clearly remitted to her original rights IN
der her charter, and the distinct recogni
ton OF her boundaries Hereunder by th'
Virginia constitution Of 1IT6.
APPROVED BY WEST VIRGINIA
The late civil war prevented further
| consideration OF the question and after
ward the state of West Virginia, which
was formed during the war, claimed tina
she was not bound by the Michlcr line, a.
Virginia had never ratified it.
West Virginia. however. in 1868, passes
| an act for a joint survey, but no surve,
was made. and Maryland took no furthe
steps until / ss6. when the governor was re
quested to bring the matter to the atten
ton Of the governor OF West Tirginia
and the latter State then passed an &C
rattfytng the Michler line, but. with sue
restrictions as were not acceptable 10 Mar,
l tnyaA ltf