The Republican. [volume] (Oakland, Md.) 1877-current, 1906-05-03
RELATING TO BOUNDARY LINE.
CHAPTER T30.

line between Allegany and Garrett
Counties in order to bring under
the assessment law certain untaXed
lands in said counties.
Whereas, By chapter 312 Of the acts
of assembly Of 1872 provision was made
for the formation and establishment Of
Garrett comfy out of the lands within
the then corporate limits of Allegany
county; and
Whereas, Provision was BY said act
also made for survey of the boundary
lines of said counties as established by
said act, between certain terminal
points therein named, and that return
Of said survey and the plats of said lines
should be reported to and filed with the
Governor, the county commissioners
and the clerk Of the circuit court of AL
legany county, under certain provisions
in said act contained, but the said sur
vey was not made between the terminal
points named in said act, or the returns
and plats returned in compliance with
the requirements of said act, as has
been determined by the decision of the
circuit court of the fourth judicial cir
cut, IN the case Of the county commits
sioners of Garrett county VS.. the Con-
solidated Coal company; and
Whereas, By reason of the said fail
ure to make said survey and return and
file Of said plats, as originally provided,
the boundary line between the said
counties is now an unsettled question,
thus involving both question of jurisdic-
ton Of courts and the rights Of taxation;
and
Whereas, By an act of the Legislature
passed at the session of 1898, chapter
BOA providing for a location and mark
ing of the line dividing Allegany and
Garrett counties between the terminal
points named in the original act of 1872,
chapter 2l2, and the filing of the re-
turns and plats of the said survey, with
the clerk of the circuit court of Allie
gany county, the clerk of the circuit
court of Garrett county and with the
commissioner of the land office, and the
sending Of a copy of said report and re-
turns to the Governor, who upon the re-
ceipt Of same should notify the county
commissioners Of Allegany and Garrett
counties Of his approval or otherwise;
and
Whereas, An accurate survey of the
boundary line dividing Allegany and
Garrett counties was made between the
terminal points designated under the
act Of 1872 chapter PIP, in compliance
with the act of 1898 chapter 304 in the
the year 1898, the line so run being per
manently marked by monuments and
mounds, and full and detailed reports
and plats Of said survey being filed as
provided, and the county commissioners
OF the respective counties of Allegany
and Garrett counties having complied
with the provisions Of said act by levy
ing and paying over respectively the
sum OF $500, each for said survey, and
the Governor having approved the re-
port Of said survey; and
Whereas. Subseuuentlv the ConsoIi-
dati0n Coal company ouestioning the
right Of the county commissioners of
Garrett county to collect certain faves
upon lands living westwardIv Of q
straight line drawn between the ter
minal points as named in the ORIGINAL
act Of 1872 chapter Do ovino. ia c0nsti-
tutional grounds involved through mac
curacv and failure of the surveyor of
Alleganv county TO make tho sIrzia,, oc-
cording to the terms and directions of
the original act Of 1872; and
Wboroos u :. 10 +l,, ;,,4.,.4 r III
tbe +a,s,ls ~ soid J'' 80 u a. an
Sto+a Il Vo-l.1d H. f,'i4{ ,'.-- eiie
and The i;fGstio,3 ebo,1d Lo r>Ji,1e
and tbat saiJ Ln1Indo irC'' IL, oe %NIlqe H.
dafnitay and GnaIi' so III '.iU ,d t We
fms inrTaasa tho tn2o,Io '.'i(t ~ I -i
colnt;a.. tberoforo al '''S vi s"''
Crar1,.,,, -,
oh '.II' i. re II enacted by the gen
erai assembly OF maryland mat at the
leAt coilgre .i: eIecll0n after the
passage OF ms 5, act 10 be held IN Car
rev Sili III AllegShE counties az the
Hua55lIleG voters Oh the State OF Mary
laLu RESIDING westward OF a straight line
ufaWh across me territory OF the state
u 0 maryland from tne summit OF the
pig hacK bone or savage Mountain,
Whefe mat mountain IS crossed by
mason NJ ana DlHohS Inc, to the middle OF
36aVage RIVER ~. Whefe 1t emptles INTO the
roIoniaG RIVER ana tnence by straight
me 10 Lhe nearest POINT or boundary OF
the 9Cate OF west Virginia shall be en-
tltIeu 70 cast one ballot Tor or against
tne embracing or lhcluding OF all that
tefflCory Oh me state OF Maryland lying
westward OF the above described lines
WlIhlh the territory known and .deslg-
mated as Jarrett county, according to
cbo,to % 30 S'iT ?leiai aSSeiloy ol 10 q
tbe ba dagc,;hnd f n'iI pot,io%LI9S WILL