Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1909-10-30
BOUNDARY FIGHT
IN HIGHEST COURT
Contest Over Strip of Land in the
Northern Part Of State.
WEST VIRGINIA AND
MARYLAND BOTH CLAIM IT

the Past Eighteen Years-Suit Was
Brought BY Maryland in 1890
Strip Located Between Garrett
County, Md, and Preston County
w. Va.
This week in the Supreme Court
of the United States, the highest tr.b
unal in the nation the case of State
of Maryland VS.. State of West Vir
ginia which Maryland seeks to an
mex a large portion or strip of West
Virginia will be- presented and ar
gued. Attorney General w. G. Con
ley and former Senator Geo. F.
Price have filed with the court in
addition to the volurninous records, a
brief of over 400 pages.
The suit which will engage the at
tention Of the Supreme Court of the
United States this week has been
pending for eighteen years. The bill
in the case was filed by the State OF
Maryland in 1891 against the State OF
West Virginia for THE purpose of set
Ting and establishing the true boun
dairy lines between tn two states.
Maryland Brings Suit.
Suit was brought by Maryland un
der an act of the Maryland Iegis
latune of 1890 by which he Attorney
General of Maryland was directed to
rob crfr II toll OH q
decision from the Supreme Court Of
the United States which would set
tie the controversy existing between
the states and determine the true 10
CT ton of the boundary line between
the two ST ates, lying between Garrett
county. Maryland, and Preston coun
ty, West Virginia
BY this act it seems that the State
of Maryland only desired en- adjust
meut of the controversy over The line
between Preston and Garrett coun
ties. this dividing line between the
two counties and two states, extend
ing from the head OF the north
branch of the Potomac to the south
ern border of Pennsylvania, a dis
tance of Sc miles.
At the time of the inception OF the
suit, William Pinlmey White was the
Attorney General of Maryland. 4e
was aware of the ancient claim of the
State of Maryland which had not
been in controversy for many years
that the boundary line of Maryland
extended to the first fountain of the
South branch of the Potomac river
and when he filed the bill Of Mary
land he did not con fine its scope to a
settlement of tine boundary line be
tween Garrett and Preston counties
but Settle old chain of the State of
Maryland in a rather indefinite way.
West Virginia Set Up Claim.
Because of the bin which was filed
by Maryland it become necessary for
West Virginia to meet not only the
claim OF Maryland as to the proper
location of the line between the
counties OF Garrett and Preston, b 1t
also to set up a defense to the claim
of Maryland that her boundary ex
tended to the head sprne OF the
South branch of THE Potomac river
instead of the head spring OF the
North branch.
West Virginias answer TO the IN
filed by the State of Maryland denies
that the latter State has any juris
dlction over any part of the territory
in possession of West Virginia or
over which 1T has been exercising
jurisdiction or control. The ancient
claim of Maryland is specifically dis
Puted and it is set out that the true
boundary line is from the Fairfax
stone, planted in 1746, tc the south
ern border of Pennsylvania
Status of $50 Years.
In West Virgina's defense il is set
up that Maryland is undertaking by
this suit to disturb a status which
had existed for $50 years at the time
the suit was brought. The territory
claimed by Many land had been un
der the control and jurisdiction of
the Colony OF Virginia before the
Revolution; under the control OF the
Slate of Virginia prior to the forna
ton of West Virginia and under
control and jurisdiction OF West Vir
ginia to the present time.
The questions involved in his eel
ebrated case between two states arose
primarily from constructions of the
charters .ranted to the colony of Vir
ginia. o Lord Baltimore, the proprie
tor of Maryland and to Lord Fairfax
If the court sustained the contentious
of Maryland that the head spring OF
the South branch of the Potomac was
the boundary line between the states
then the counties of Jefferson, Berhe
ley and Morgan and the ca stern parts
of Hampshire, Hardy. Grant and Pen
dleton woald be separated from the
resi- of the State