Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-02-18
THE STATE BOUNDARY Line
Important Decision Rendered
by Judge Hemphill.
A VICTORY FOR JOHN THOMSON
Does Not Have to Pay Taxes In
Pennsylvania.
Injunction Restraining Chester County's
Collector Made Perpetuai-Woris OF the
Commission Must be Ratified by the Leg
isiatures and Approved by Congress.

isiatures ana approved by Congress.
The Pennsylvania Delaware boundary
line case which has been pending in
the court of common pleas OF Chester
county, Pa. for some time, was deciriod
Monday by Judge Joseph Hemphill 10
West Chester in favor of John L. John
son, the plaintiff. The Judge makes
perpetual the injunction restraining the
authorities Of Chester county from COL
lecting taxes from Mr.. Johnson. He
decides that tue now boundary limo
cannot be treated as legal work until
the work of the Boundary Commission
has been ratified by the Legislatures of
the two States and approved by Cor
gross. Until this is flone tine old line
must be treated as the boundary line.
Under the decision Mr.. johnson is a
Delawarean. He was represented by
Benjami Nields and E. G. Bradford OF
this city AMI Butler & Windle of
Chester county, John j.. Gheen of
West Chester represented Thomas b.
Crossan, the defendant, q tax col
lector. The case was argued in Decem
ber.
Judge Hemphill. in his opinion, says !:
The plaintiff seeks to have mado per-
pofua tho preliminary injunction
granted in this case to restrain the
defendant, collector of county taxes
for the township of London Britain,
Chester county, Pennsylvania, from
selling certain personal property OF the
plaintiff. seized by him to secure tho
payment OF taxes assessed upon q tract
OF land owned by the plaiptif, for
fhaA n lat -, Al 10 -,
White CLAY Creek hundred, New Castle
county. Delaware, and not in said
township of London Britain.
The question thus presented is, is
the assessed land within the confines OF
the State of Delaware or the State of
Pennsylvania?
After passing upon the question of
the courts jurisdiction in the case, and
reaching the decision that it has iuris-
diction, he returns to the question, is
the assessed land in Delaware or in
Pennsylvania? IL within the former.
the injunction must be made perpetual
If within the latter, dismis issei.
Controversy over the boundary limos
between the provinces of Pennsylvania
and Maryland, which involved the
New Castle circle, eyisted for nearly
IL not quito century. Lord Hartlwicke
in his opinion in Penn vs.. Lord Balti-
more, supre, delivered ia 1850, said it
had then "subsistsd above 70 years."
and it ended only in 1TG7.
The boundaries were finally adjusted
and ON March dth, 1851, Charles II
granted unto our trusty and we'll be-
loved subject. William Penn. Esquire,
all that tract or part of land in
Anlarica \ X Il hoiinded m Tho
cast by the Delaware river, from II
miles northward of New Castle town
* and on the south by circle
drawn at y miles distance from New
Castle nor.hward and westward.
Thu8 originated the circle OF New
Castle.
While various portions of the circle
have, from time TO time been surveyed;
the complete circle has mover been the
most extended survey being that made
in l7ol. st
This line. with its extension south
wardly to the eastern line Of Maryland,
has boon the traditional and recog-
nizod boundary between Pennsylvania
and Delaware since their organization
as States, formally recognized by the
latter by an act OF it's Legislature that
treats of the sovereignty, jurisdiction
and limits Of the State, the second
section OF which provides that 1.-THE
limits of the State are declared to be
the divisional lines between 1t and
Maryland run and marked by commits
Rioners and approved on the 18th day of
January, 1863; the circular line between
it and Pennsylvania survey and marked
in lT0l under warrant issued by
William Fem in pursuance of the
feoifment from the Duke of York, dated
August gath, 1852, as the Same has
been held, occupied and recognized by
the said States respectively ever since
that time" &C., and by the local
authorities on both sides in tho dis
charge of their municipal duties.
Judge Hemphill nsXt goes into the
history of the Official surveys, and con
tinuos
Upon the hearing of this case it
appeared that the plaintiff had resided
upon the tract in question since the
spring of 1866; has always paid taxes
upon the same and exercised and
enjoyed all the rights. duties and |
privileges Of citizenship in the State Of |
Delaware, as had his predecessors in |
title for many years prior thereto. The |
defendant denies that said land is in the |
State of Delaware, but on tho contrary |
alleges it to be within the State Gf |
Pennsylvania and AYERS that the plain
titI is now and always has been a resi-
dent of said State, and as proof thereof |
points to the report of the COM
of said State appointed in
1883, under acts passed by the respective
Ito examine, survey and
re establish the boundary line which
separates" the State of Delaware from
the commonwealth of Pennsylvania,
aud which as "thus fixed, re-eatgb-
lished and relocated" shows said tract
to be within the boundaries OF Penn
sylvania.
The plaintiffs answer TO this is that
said con- missioneTs exceeded their
powers; that instead of relocating and
re establishing the old and traditional
boundary line between the States they
located. at least in the vicinity of plain
tiif's property, an entirely new and
different line, some l,200 feet farther
within the State of DelaW are,
and thus transferred his property FROM
Delaware to Pennsylvania, aud that
this action on their part was ultra
wires.
After discussing the work OF the last
tho judge says that while
the boundary line would be better
one than that of l70l, yet until ratified
by the Legislatures OF the Status aud
by Congress. 1t is not and can
not be treated as the boundary line.
II is certainly desirable that this long
disputed boundary line should be
aettlad and definifely loeatad and |