davidaulloa/AmericanStories huggingface dataset:
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-09-15

according to the line run on the
ground by Mr.. Chisholm, which is de-
scribed in his report and is located by
the plaintiff.
''2nd. That if location of the bound
airy line be conceded to have been err
roneeus, as not being from the proper
point on the Mason and Dixon line.
the acquiescence in that line run by
him was for such a length of time as
to make it improper for the courts to
now disturb it, as public policy for
BIDS the change of boundary line be-
tween two counties after it has been
recognized and virtually accepted for
twenty-five or more years. unless the
change be made in the way provided
for by the constitution.
''3rd. That as a consequence of these
conclusions the plaintiffs property
east of the Chisholm line was improp-
erly assessed by Garrett county, and
the injunction must be made perpet-
ual, as the case was submitted for
final hearing"
The attorneys in the case were
Benz. A. Richmond, Albert A. Doub
and Robert H. Gordon for plaintiffs,
Consolidation Coal Company and Al
legany county, and Benjamin Sincell
for the defendants, Garrett county
and others.
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-09-15
THE INJUNCTION IS
MADE PERPETUAL.
Important Opinion BY Judge Boyd In
Celebrated County Boundary Case.
A BRIEF HISTORY OF THE ACTION
Forty Thousand Dollars i'm Taxes In
Volved-By DecisiOnGarrett Coun-
ty is EstOpped From Further Pro-
ceedings In the Matter.

Chief Judge A, Hunter BOYD Satur-
day afternoon filed his opinion in the
injunction proceedings of the Consol-
idation Coal Company vs. the Garrett
County Commissioners and others, or
dering that the injunction be made
perpetual and that the defendants be
perpetually enjoined from collecting
the taxes sued for on any land belong
ing to the plaintiff lying east of what
is described as the Chisholm line di-
viding Garrett and Allegany counties.
This is the case argued some weeks
ago in which the boundary line be-
tween the two counties and vast
area of land are involved, and in
which also is involved the question of
the right of Garrett county to collect
from the Consolidation Coal Company
about $4,000 in taxes claimed to be
due that county in the disputed terri
tory. In the year 1872, by an act of
the Legislature, Daniel - Chisholm.
county surveyor for Allegany county,
was directed to run straight line
from the Savage river at a point
where the river empties into the Poto-
mac river, using the Fairfax stone on
the West Virginia side of the Potomac
as an observation point to the Mason
and Dixon line, the section north of
said line to form what is now known
as Garrett county. The line was To-
Gated and the surveyors returns with
plat accepted, and by vote of the
people the new county was formed.
The line thus formed by Surveyor
Chisholm and returned by him was
considered by both Allegany and Gar
rett counties as the boundary line un-
til Hiram P. Tasker made the aver
ment that number of military lots
in both counties were not assessed.
He was instrumental in having the
legislature of 1898 pass an act author
izing Surveyor L. A. Bauer to relocate
the line. By the line run by Mr..
Bauer strip ofland heretofore on the
Allegany side of the line, which av-
eraged about 1000 feet for 49, miles,
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-09-15

and consisted of about g. miles of
coal land was thrown on the Garrett
county side of the line. When Garrett
county attempted to collect the taxes
on the land in dispute the Consolida-
ton Coal Company, through Allegany
county, which county was made
party to the injunction proceedings,
secured an injunction to prevent Gar
rett county from collecting the SAC, 900
taxes. The claim was made that
there was a vast difference between
the lines run by Chisholm and Bauer,
that the line run by Chisholm was on
ly trial line and that he intended to
make and return another line.
Chief Judge Boyd. III his opinion,
states that the case was filed by the
Consolidation Coal Company, butthat
the principal question argued was the
proper location of the boundary line
between the two counties. He states
that while the Chisholm plat cannot
be found, there must have been one
filed, asin his return Chisholm stated;
Il have carefully run and located the
lines of the aforesaid new county of
Garrett, and herewith append a plat
OF the same according to their proper
courses and distances" The point was
raised that Chisholm did not run the
line to the highest point on Savage
mountain, where that mountain was
crossed by the Mason and Dixon line,
as directed by the act authorizing,him
to run the line. The court holds that
Chisholm ran the line to what he then.
with the best means at his command
Ceven the Mason and Dixon line being
then in dispute), thought to be the top
of the mountain on that line, and that
the line so run by Chisholm was rati-
fled by a vote of the people of the
new county, that all laws relating to
Garrett county up to the time of the
suit for taxes, were passed with that
line in view as the boundary line, that
all acts of the county were done with
the same line in view, that it had stood
undisputed from 1872 to 1898, and
that the vote on the question of sep
arating from Allegany county was
taken and decided according to the
said Chisholm line"
Judge Boyd states that the taking
of the census, the returns of election,
etc., were all made with the Chisholm
line as the boundary line. He also
states that it was known that County
Surveyor Greene of Garrett county
had run the line later and that his
line came out within two feet of
where Chisholm had planted the stake
at the end of his line After review
ing the case at some length Judge
Boyd, in his opinion states: "My con-
illusions are, LIST, that Garrett county
was formed under the provisions of
the constitution and the act of 1872.
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-09-15
AttOrney named in the Mortgag
ORDER MIST.

In the matter of the Real Estate of Christian
Orendorf, deceased,
No. SIS Administration. In the Ornhans'
Court for Garrett county, Maryland
Ordered, this sd day Of August, in the wear
nineteen hundred and four, by the Orphans
Court of Garrett county, that the sales made
and reported in the above cause by Jacob S
Miller, Executor, to Christian C. Orendorf
and Noah Orendorf, be ratified and confirm
ed, unless cause to the contrary thereof be
Der, 1904, provided a copy of this order be
published in some newspaper published in
Garrett county, once week for three sue
cessiye weeks before the 23rd day of Septem-
Der, 1904.
The report states the amount of sales to be
$50.
DANIEL WILSON. JOG.
GEO. b. MCMILLAN, J. o. C.,
JACOB Felix, J. O. c.
True copy-Test:
Il, L. FRIEND Register
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-09-15
seaboard Service to Southern Cities

The Seaboard Air Line Ry. has the
shortest line and offers the best SER
vice via Washington, the most at
tractive way to all points in the South.
For time cards, information as to in
dustrial openings, farms and truck
lands, address, Seaboard Air Line Rv.,
AL Chestnut St., Philadelphia, Pa.
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-09-15
ORDER MIST.
David Sloan VS.. Jefferson s. Green.

David Sloan VS.. Jefferson S. Green.
No. 1888 Equity. In the Circuit Court for
Garrett County, Md.
Ordered this 5th day of September, in the
year nineteen hundred and four, by the Cir
cult Court for Garrett county. sitting i'm
equity, that the sale made and reported in
the above cause by ID. Lindley Sloan. trus-
tee, be ratified and confirmed, unless cause
to the contrary thereof be shown on or be-
fore the 9TH day of October, 1904; provided a
copy of this order be published i'll some
newspaper published in Garrett county,
once week for three successive weeks be-
fore the 3)th day of September, 1904.
The report states the amount OF sale to be
$500.
E. z. TOWER, Clerk.
True copy-Test:
E. T. TOWER, Clerk,
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-09-15

state Of No1U}0ld, county Of Garrett, IS:
l, X. f. Sliger, Cashier of the above
named bank, do solemnly swear that the
above statement is true to the best of my
knowledge and belief.
X. f. SLIGER, Cashier.
Subscribed and sworn to before me this
9th day of September 1904.
JOHN FELTY, JR.
Notary Public
CORRECT Attest:
FRED A. THAYER,
A. G. STURGISS,
OWEN TREACY,
Directors.
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-09-15

Each Department supplied with the mo.
modern and approved apparatus. Practical
work emphasized i'll all Departments. Grad
work. Boarding Department supplied with
all modern improvements bathrooms
closets, steam heat and gas.
New buildings with every modern improve
ment, and old buildings thoroughly renova-
ted by opening of first session. Tuition,
Books, Heat, Light, Washing, Board and
Medical Attendance, with annual deposit
$l59l one hundred and fifty nine dollars for
scholastic year. Daily visit by physician to
College. atalog giving full particulars sent
on application. Attention is called to the
Snort Course of ten weeks in Agriculture
Write for particulars.
Term Commences, Thursday, September, l5
Early application necessary for admittance.
r. W. SYLVESTER, President.
College Park Maryland
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-09-15
The Keyser Preparatory Branch
OF THE WEST VIRGINIA UNIVERSITY.
Next Tenn Begins Sept. ID, 1904.

Classical and Engineering Preparatory
Courses for Students intending to enter
College.
A Commercial Department in which Stu
dents are thoroughly fitted to fill respon-
stble positions. \ special Course for
Teachers of Commercial Branches.
Special instruction for public School
Teachers.
Instruction in Music
Splendid New Building Provided by the
State.
A Beautiful Location. Healthful Surround
ings. Enthusiastic Teachers.
Free Tuition to West Virginia Students
in all courses except Music
No Tuition in Commercial Department.
Small Tuition charged Students from other
States.
Library, Literary Societies, Gymnasium,
Athletic Teams.
Accommodations for Students at moderate
cost. Open to both sexes. .
For free catalogue Of the school and an
nouncement Of the Commercial Depart
ment, address the Principal,
L. L. FRIEND,
Keyser, W. Va.
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-09-15
REMEMBER THE DAY AND DATE
ORDER MIST.

In the matter of the sale of the Real Estate
of Daniel SmOuse, deceased.
No. ASP Administration. In the Orphans
Court for Garrett county, Maryland.
Ordered this 23rd day of August, in the
year nineteen hundred and four by the Or
phanS' Court for Garrett county, that the
sales made and reported in the above cause
TO Jane Smouse by Jacob S. miller and Nor
timer Smouse, Executors, be ratified and
confirmed, unless cause to the contrary
thereof be shown on or before the 23rd day
OF september, 1904, provided copy of this
order be published in some newspaper pub
1shed III Garrett county once a week for
three successive weeks before the 23d day of
September, 1904.
The report states the amount of sales to be
5000.
DANIEL WILSON, C. j. O.C,.
GEO. B. MCMILLAN. j. q. c.
JACOB FELIX, loo.
True copy-Test
E. E. FRIEND, Register.
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-09-15
No. OSSS,

DEPORT OF THE CONDITION OF THE
n GARRETT NATIONAL BANK, AT
OAKLAND, IN THE STATE OF MARY
LAND. AT THE CLOSE OF BUSINESS. Sep
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-09-15
no. 5o23.

DEPORT OF THE CONDITION OF THE
n FIRST NATIONAL BANK OF OAK
LAND, AT OAKLAND. IN THE STATE OF
MARYLAND. AT THE CLOSE OF BUSI-
NESS, Sent. q, 1904:
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-09-15
SATURDAY..
the SthDayof October, 1904

at O'Clock p. m, in front of the courthouse
in the town OF Oakland. Garrett county
the highest bidder all the Following desert
bed real estate, to-wit: All those parcels of
land in Garrett county aforesaid of which
the late Henry Thompson died seized and
possessed, known as
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-09-15
FAIR SWEEP"

and also another parcel of land purchased
by the said Henry Thompson from n. b.
Harvey and beginning for the same at but
ternut tree standing at the corner of the
Military Lot formerly owned by Philip Davis
and running thence North 20 percheS, North
- degrees West % perches. West 81 perches
South 40 degrees West so perches to the
outside line of 'Avon'S Valen and with said
line South 45 degrees East 1873 perches, thence
South 70 degrees East l4S perches to line
fence between the lands Of said Henry
Thompson and Thomas X. Harvey, and
along and with said line fence North 30 de
greeS West 30 perches, north SOY perches
South s9R perches, Welt S94 perches to the
beginning, containing as a whole
One Hundred and Forty-five Acres
and Fifty-four Perches.
said property is mostly cleared and in Gull
tivation. Improved by a good dwelling
house, barn and other out buildings a good
orchard with a variety of fruits and the
place is well watered. B, the terms of the
will of the late Henry Thompson his widow
hold, life estate in said farm and the same
Will be sold subject thereto.
TERMS OF SALE ash on day of sale
FRED. A. THAYER,
Attorney named in the Mortgage.
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-09-15
The Maryland Agricultural College
COLLEGE PARK, MARYLAND.

MARYLAND'S SCHOOL OF TECHNOLOGY.
THREE COURCES OF INSTRUCTION
AGRICULTURAL. MECHANJ
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-09-15
Mortgages Sale
OF VALUABLE
REAL ESTATE

Under and by virtue of a power of sale
contained i'll mortgage from Isaac w
thompson and Laura Thompson, his wife. to
the First National Bank of Oakland. Md.
dated the 10th day OF September. 1903, aud
duly recordt d in Liber +. H. T. No. Is, folio
county, Maryland, defau t having occp---ad
under said mortgage. the undersigned 4
attorney named in SAID mortgage, he j.
gives notice n at on
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-09-15
No. Ol96.

nEPORT OF THE CONDITION OF THE
* FIRST NATIONAL BANk, AT FRIENDSVILLE,
IN THE STATE OF MARYLAND. AT THE
CLOSE OF BUSINESS Sept 9Th, 1901
RESOTTRCES
The Republican. [volume] (Oakland, Md.) 1877-current, 1904-09-15

E. E. FRIEND, Register.
Alma record. (Alma, Mich.) 1878-1928, 1904-03-25
BRIEF rELEcRAMS.

Graduates and under graduates n
Harvard university united Monday in
observing the seventeen anniyer5ar.
Of President Charles W Ehcts b.r.r-
day which also marked his complete
OF tnirtyfiyc years az the head OF tle
university
At the request Of the citizens Of Cal
weston. Tex. the protected cruiser A..
lanta the gunboat Bancroft and two
torpedo destroyers VIII visit that pOrt
on the completion Of the Atanta's
target practice at Pensacola The
visit OF the warships 10 Galveston will
be made the occasion OF considerable
gaiety
United States supreme court has
again decided that persons travelling
on railroads may not secure damages
in cases o. accident when they ride
on passes and he decision went 20
Inc extent OF applying the principle ~
such passengers who are not familiar
with the contract usually printed on
he back OF passes
The steamer Empress ~ Japan
sailed Monday night from Nancouycr.
b C., for Yokohama, having on board
'wenty-four Japanese military and ma.
val officers returning home for tne
war Prince NashimOto who has been
travelling incognito as VI Nagi wa
4 passenger He is a cousin Of the
mikadO
Albert Kettle was shot and killed
Monday by Bert Nash at Appleton. o
The men were walking along The
street talking, when Nash drew a re
volver and shot Kettle three times
Kettle fled into a house Nash fol.
lowed and struggle ensued Nash
was arrested after fighting The OH.
GERS. Kettle died several hours later
No motive for the shooting ir given
Alma record. (Alma, Mich.) 1878-1928, 1904-03-25
Interesting Bank Statistics.

Lansing. Mich. March gin mis-
annual report, State Banking Commits
sioner Moore gives some interesting
statistics. There are now 2l2 state
banks in Michigan a gain Of nine' een
for the year, the increase a. banhinr
capital during the year was 1921 co...
Tho loans at the close OF the year
were Stf2.0310,3 -. and the dapcsi q
$IJ3.SS045l 81. Tho number Of dcpoe-
itors i'm tho various banks i'm the raio.
including The eighy-scyeu national
banks ON Doc last. was 5iA.G30 a.
whom 2S3S17 Vcrc savings deposi,ore
The as sraoc SAVINGS deposit was S2SJ
and the average commercial dcDo-l.
S491 The average dividend rate ou
capital. and surplus was 60 per con-
In an opinion bv Auorney-Gonrral
Blair Do says jhat the .olns on "a bank
should not exceed one-Gflh Of he cap-
ital aud surplus
Alma record. (Alma, Mich.) 1878-1928, 1904-03-25

ceeds Of her FIRE sale She bought new
stock OF goods She claimed then 10
be bankrupt and offered to settle with
her creditors for 90 cents on the dol.
lar This was refused and she sold the
store and disappeared 1t is claimed
that she realized $4,000 on The whole
deal while her debts amounted to
$4,000.
ou March is a lot Of goods belong.
ing 10 Mrs Faulkner were found al
the freight house Of the Michigan Cen
tral railroad addressed 70 Blanche Be
we're. San Francisco, Cal Miss Bevere
was formerly a clerk for Mrs Faux
ner. Part OF the goods were seized
and sold 10 satisfy a chattel mortgage
against them. and the remainder were
allowed 10 20 on TO California
Alma record. (Alma, Mich.) 1878-1928, 1904-03-25
VOTE TO IMPfACH HIM
Decision Of judiciary Committee In
Judge swayne's Case.
NOW GOES BEFORE HOUSE
Senate VIII Try Him II Hcgoe Votes
Favoring Impeachmcnt-only Three
Cases &C impeachment Ct Federal
Judges on Record.
NOW GOES BEFORE HOUSE

Washington. March 2.-Thc house
committee on the judiciary MONDAY
voted 10 impeach Judge Charles
lwayne, federal Judge fer he district
Of Florida The committee reached
this conclusion at session lasting
from until O'Clock The vote and
The details Of The charges which Will
form the ground Of impeachment The
committee agreed 10 Withhold until the
case has been reported for prcsenta-
ton TO the house If the house votes
TO impeach Judge Swaync tWo or us
members will he appointed formally 10
notify the senate. before which body
sitting in a judicial capacity the case
must be tried.
The case against judge SwaHne
YOU'D be conducted by SIN manage rs
who would be members OF the house
elected by ballot for the WORK Judge
Swayne after the case has been ire
sented 10 the senate 10y these mana
gers will be given opportunity 20 pre-
sent his side Of the case
The Charges.
While the committee has voted to
give out no details OF the case at pres
ent IL is known that the charges on
which testimony was taken include
those Of being absent from his cir
cult; being a nonresident Of his dis
trict. imprisoning "A lawyer in n con
tempt proceeding, imprisoning the son
OF a ltgant also for contempt Of
court and refusing 10 hear a certain
witness in a case before him. alleging
that he would not believe The witness
under oath
The last impeachment proceedings
were those Of Andrew Johnson Only
three federal judges have been i'm
peached. These were Judge Picker.
ing Of New Hampshire. who was i'm
peached for giving up the bark Eliza
TO her owners. without taking proper
bond after the bark had been seized
for smuggling. being drunk and using
profane language on the bench.
Judge Chase OF Pennsylvania was
impeachod for refusing to allow a
lawyer to address the court or the
jury on a question OF law which he
already had decided Judge Peck Of
Missouri, who was the last Judge I'M
peached. was charged with improperly
striking the name Of a lawyer from
roll Of attorneys for contempt
The proceedings against Judge
Swayne, II carried 20 the senate, I'M
doubtedly will delay for several weeks
the adjournment Of the present ses-
sion Of congress. If the senate decides
against Swayne the penalty attached
10 the decision is the loss OF his judge
shin
Alma record. (Alma, Mich.) 1878-1928, 1904-03-25

Port Huron. Mich March - The
will Of Nelson Mills Of Marysyjlio has
been filed IN probate court The pc =.
ticn gives The amount of The estate ~
81 600 and upward. but the real yaUo
is said 20 De close 10 81 500 00o The
properly is 10 be divided amcna the
I'VE children Two Of his sons Mr. =
" and David W are named as e>
ocutos with fun power 10 carry on
The business deals in which 'hc-r
father was engaged
Alma record. (Alma, Mich.) 1878-1928, 1904-03-25
At Mercy Of Waves.

St Michaels, Azores, March o.
The Belgian steamer Clemaus, forty
three days out from Antwerp. bound
TO Fernandina. Fla, where she f.
twenty-five days overdue. has been
towed here with her shaft broken.
The vessel was picked up in a helpless
condition by the German steamer Ten.
edos. Captain Aubel, bound from the
Black sea via Lisbon TO New York.
and brought here She had been drift
ing for over a month
Alma record. (Alma, Mich.) 1878-1928, 1904-03-25
Trouble on Cruiser RrookIvn.

Pensacola Fla. March 22-The
cruiser Brooklyn. which sailed from
San Juan several days since. arrived
in port Sunday night and began coal
ing Monday Reports from the ship
are 10 the effect that considerable dis.
order occurred on board Sunday night.
The mon say that they were given
only one piece Of bareback for supper,
the officers knowing that they had to
take coal the day following The trou-
BILE was averted by the officers taking
prompt and vigorous measures.
Alma record. (Alma, Mich.) 1878-1928, 1904-03-25
U. S. Officials Looking For Mrs.
Faulkner, Formerly Of Jackson.
CREDITORS FEEL BIT ANXIOUS
They Are Out s9,ooo-Fire Drove Her
Into Bankruptey-She Sold Out and
Skipped Without Settling - Some
Goods Attached.

jackson, Mich, March 22-UniteI
Coates officers are here looking for
Mrs. ELL 81. Faulkner, for whose cred
tors petition in involuntary bank
rrptcy was recently filed in Judge
Swans court at Detroit by Newman &
Neugarten skirt manufacturers at De
troit-
Something over q year ago Mrs.
Faulkner started ladies furnishing
store In Jackson. A fire in October
damaged most Of the stock, which was
sold later at a big fire sale. a good
settlement was made by insurance
companies and with this and the pro-
Alma record. (Alma, Mich.) 1878-1928, 1904-03-25
Veterans Ranlaly PASSING Away.

Lansing. Mich March 22-Assist
ant Adjt-Gen. Wyckon of the Mich.
gan department, G.. A. f.. has submit.
ted his returns for the national depart
ment for the six months ending Dec
81, and II shows a great increase i'm
mortality among the veterans. During
the period covered by the report the
Michigan department lost 45t men,
bers. and OF these 2l3 were by death.
Al the end Of the term the department
has 1888 members in good standing.
Alma record. (Alma, Mich.) 1878-1928, 1904-03-25
A Card.

We, the undersigned, 90 hereby agree
to refund the money on 90. cent bottle
of Green's Warranted Syrnp of Tariff il
fails TO cure your cough or cold. We
also guarantee a 25.cent bottle to prove
satisfactory or money refunded.
SHARRAR& MULHoGLAND, Alma.
CHAs. q RHODES. Alma.
FRED HUDSON, Riverdale
Alma record. (Alma, Mich.) 1878-1928, 1904-03-25
For Piles.
Sample mailed free.
One application gives relief.

The continued use OF Hum
phroys' Witch Hazel Oil per-
manently cures Piles or Hem
OrrhOids- External or Internal,
Blind or Bleeding, Itching or
Burning, Fissures and F'istulas.
Relief immediate-cure certain.
Three sizes. 25c.. SOC. aud 100. sold by
Druggists. or sent prepaid ON receipt of price.
Humphreys Medicine 20, Cor. William and
John rts.. New York.
Alma record. (Alma, Mich.) 1878-1928, 1904-03-25
Blown 10 peath by Dynamic.

Detroit, Mich. March 22-William
Newman, aged 81 years. a laborer at
the Sibley quarry, with no known rela-
uves. was almost instantly killed by
the explosion OF dynamite. The acct
dent occurred when Newman, who
was picking at some rock, struck a
small portion OF dynamite which had
not exploded with the rest Of the
charge. Newman was lifted several
feet away. His face was fearfully cut
by the shower OF rock. He never spoke
and died while being carried 70 his
boarding house on a stretcher by fel.
lew workmen.