Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1906-08-25
TO FIND DIVIDING LINE
Old eDte Between Maryland and
Wes Virginia Up Again.
SUPREME COURT TO DECIDE.
Maryland Wants a Slice Of This
State, Claiming That South
Branch Is the Boundary.

| 5Labss N3dIMlIB 4Lab 2ShAh
Branch Is the Boundary.
Perhaps before another year goes by
the boundary line between Marylan
aud West Virginia will have been set.
tied at least the attorneys and those
interested in the case hope that the
Supreme court Of the United States
will settle tie DISPUTE within that
time.
TIE suit was brought by MARYLAND
against West Virginia in 1891, to SGT.
the tile boundary line between the two
states and since THAT tine it has been
thTeshed through the couIts. In this
case MARYLAND lad revived the old
claim at her boundary goes to the
head spring OF the South Branch Of
the Potomac river, instead Of the
North Branch, where il has ALWAYS
been held TO be She also elaims that
il she can't 60 10 the lead spring Of
tile South Branch she is entitled to
line considerably farther west than
the line run from the Fairfax stone.
According TO this claim she would re.
cover from West Virginia a slip Of
land about thirty six miles in Tenth
and one and one quarter mile in width
off the eastern side OF Preston coun
tv. West Virginia
The state Of West Virginia insists
that the Fairfax stone. which was
planted in l746 at the head Of the
North Branch Of tue Potomac river
is the point from which the boundary
line must run and she claims that this
boundary line was run and located in
1859 by Francis Deaken. 1t was
found upon a scientific survey made
in 1859 that the Deakin line from
the Fairfax stone was not a due north
line and at that time line was run
by Lieutenant Miohler. which is rec
ognized as the due north line. -.-.-
Virginia aud West Virginia have
already claimed tie Deakin line to be
the correct line. but the MARYLAND
authorities have, since 1853. general
" claimed the Michler line. Terri
tory between these lines is trian
gle. having as its apex the Fairfax
stone. extending to the Pennsylvania
line. where IL Is three-fourths Of mile
wide. While the claims Of Maryland
to go to the the head of the South
Branch of the Potomac or to the new
line recently set up west Of the Fair
fax stone are seriously contended
for by her counsel, yet the counsel
for the state of West Virginia teel
confident that these claims cannot be
sustained and thew feel that the real
controversy in the case is the terri
tory between the Deakin and Michler
lines.
Elk. Senator Price, OF Charleston.
who is one of the counsel in the case
for West Virginia says;
We have collected very large
amounts Of interesting historical
material in the preparation of the de-
Tense in this cause and among other
ancient documents. l have obtained
from the Hon. John T. Lewis, late OF
Rockingham county, Virginia. the
original surveyors memorandum book
nsed by Mr. Thomas Lewis on the
survey of the line in TAG from the
head suring of the Potomac to the
head spring OF the Rappahannock
river by the commissioners appointed
by the King OF England and the Right
Honorable Lord Fairfax.
Mr.. Thomas f. Lewis was brother
of General Charles Lewis. who was
killed at the battle Of Point Pleasant,
and the ancestor of Judge l.. Il.
Lewis, late of the Virginia court of
appeals, of Charleston, and his
brothers. This little book gives an
account OF the hardships and dangers
encountered by the party in gong
through the uubroken wilderness of
that day.