The comet. (Johnson City, Tenn.) 1884-1916, 1899-08-31
TWO GOVERNORS HAVE AGREED
Settlement of BOundary-Line Dispute in
Prospect.

Prospect.
Gov. McMillin has returned from
Bristol, where he went Friday to meet
the governor of Virginia to confer in
regard to marking the state line be-
tween Virginia and Tennessee.
In an interview as to the result of the
conference today he said;
81 had a pleasant and what l think
very satisfactory conference with Gov.
Tyler concerning the disputed line be-
tween Virginia and Tennessee.
This conference was the result of
an act passed by the last Legislature au-
thorizing and directing me to take
such steps as were necessary to settle
the controversy over the state line,
which has existed for the most of the
life of the state.
Pursuant to that authority en-
tered into correspondence with Gov
Tyler several weeks ago, which result
ed in the conference held Saturday at
Bristol and in which Attorney General
Pickle of Tennessee and Montague of
Virginia were also present.
"This line disputed involves terri
tory at val ious points from the north
east corner of Tennessee to Cumber-
land Gap, distance of ia miles. The
boundary line was run in 1923, aud
controversy arose concerning it soon
after. In 1859 commissioners were APP
pointed by Virginia and Tennessee to
rerun and mark the line. The work
was done and approved by Tennessee,
but for some reason the Virginia legis-
lature failed to take final action on. the
adoption of the report and the matter
stood in that condition until several
years ago the State of Virginia insti-
tuted suit in the supreme court of the
United States seeking recovery of the
territory over which a dispute had
arisen. A portion of this territory in
Guided the city of Bristol
"After spirited litigation the SUI
preme court decided that suit in favor
of Tennessee, but failed to appoint
commissioners to run and mark the
line in accordance with the decision.
This case is reported in 14S U. S.
Reports, Virginia VS.. Tennessee. At a
subsequent term of the court Virginia
fled petition in that case asking for
the appointment of commissioners and
remarking of the line. Tennessee,
through her attorney general, accepted
service of pioneers and the two states
agreed upon decree to be entered to
that effect, but the supreme court dis
missed the petition and declined the
relief sought on the ground that the
case having been determined at for
mer term of the court was out of court,
and, therefore, the court could not
legally make an entry in the cause, but
the court held that upon the presenta-
ton of proper petition in another ac-
ton the order could and would be
made. This is reported in 1873 U. S,
Reports
"The matter has rested thus until
our legislative action last winter Civ
ing authority under which | have pro-
ceeded
II found Gov Tyler and Attorney
General Montague fayorably disposed
to settlement, but without authority
by the legislature for them to take the
initiative.
"There were two courses left open tC
us. One was to petition the supreme
court to appoint q commission under
the clause of the constitution which
gives that court original jurisdiction in
such controversies.
"The other was to agree among our
selves upon commission without
court action. If the latter course was
taken we saw the danger that the same
contention would continue after thi:
survey that has continued since the
survey OF 1853, and the question would
not be finally determined at last, We
both, thereupon, concluded, and in
that the Attorney General agreed with
us, that the better course would be tC
file q petition in the supreme court o
the United States and let parties in.
terested acknowledge service of pio-
neers and formulate decree to be en-
tered by which means we can have {
final disposition of the entire matter.
"rhe proceedings in the supreme
court will be comparatively inexpen
sive for the reason Virginia will no
controvert our contention, and ther,
will be no need of employing additional
counsel, the attorneys generals for thu
two states being able to do the work
This can be done on the assembling o
the court in october and we hope tt
get the work done during this year"
Belle Attempts Suicide.
Mamie Darnell, 10 years old and on