Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1909-10-30


ton Of the State Of Maryland was
sustained 1t woeld cut of the eastern
side OF the. county OF Preston strip
one an quarter nHles in length
and 36 miles long. a strip OF land
populated by people who have always
held allegiance to the State OF Vir
ginia and West Virginia
The Old Fairfax stone was planted
IN 1746 by commissioners appointed
by the King after the determination
OF controversy between Lord Fair
fax and the colony of Virginia. From
this Fairfax stone line Oh lines were
run at very early date north to the
Pennsylvania hne and in 1888 Fran
els Deakins, under authority OF
Maryland, ran the line which has
since been recognized as the Deakins
line and the boundary between the
two States.
Deakns Line Had Veered.
In 1859 Lieutenant Michler of the
United States coast survey ran a line
from the Fairfax stone to the Penn
sylvania border and found that the
cid DeaHns line at the Pennsylvania
border had veered three quarters of
q mile east OF the due north point
Maryland will further ask that the
Michler line be declared the true.
boundary line.
Another question which has grown
out of the suit Is the question of jur
isdictfon over the Potomac river
West Virginia asking the Supreme
court to settle in this case which has
the superior title to the jurisdiction
over this stream.
West Virginias Proposition.
West Virginia in her claims en-
deavors to establish fifteen PROPOSE
tions:
First-That the boundary OF the
State of Maryland are to be ascertain
ed from the charter of Lord Balti
more. as applied to the then existing
conditions, the topography of the
country as afterwards ascertained
and the interpretation given by king
and council
kNtCbuu LlIt+ CdiIS lOT
running the line from the Delaware
bay in the 10th degree OF North lat
itUde to the true meridian of the first
source of the Potomac river.
Third-That the North branch is
the main Potomac river.
Fo1rth-That the spring heads at
is the first source of the river.
which the Fairfax stone is planted
F1fth--That the question of the
first source was iudictaily determined
in 1746 when the Fairfax stone was
planted.
Sixth-That Lord Baltimore had
full notice and fully acquiesced in
that decision.
Seventh-That the colony of Vir
ginia had jurisdiction over the dis
ruted territory from 1746 to the
Revolution and since that time vir
ginia and West Virginia have held
jurisdiction
Eighth--That the State of Mary
land in 1852 and after that year
abandoned all claims to the disputed
territory.
Ninth-That the beIated attempt
TO fix the first source OF the North
branch west of the Fairfax stone is
creation of w McCul1och Brown,
Maryland engineer.
Tenth-That the territory lying
between the meridian run from the
Potomac spring and the Fairfax
stone. is completely covered by Vir
ginia patents. occupied by hundreds
CT farms and some villages, all of
whom have, from the earliest times,
adhered TO the States Of Virginia and
West Virginia and that Maryland has
never attempted to exercise any gov
ernmental Jurisdiction.
Eleventh-That prior to 1888
Virginia ratents had been granted
bordering upon line run north from
the Fairfax stone showing the claim
of Virginia to so to that line as her
boundary.
Twelve-That in 1889 Francis
Deakins ran the Deakins line which
was acquiesced in by both States un
Ill 1850, Maryland having made sew
al grants that called COR this line as
a = udary.
Thrt enth-Tnat all the territory
west This line was covered by
Virginia ~1tents with the single ex
ception of oHs tract, one half of which
is assessed in West Virginia and the
other in Maryland
Fomteenth-That or some reason
this old Deakins line S not contin
nous straight Line bu; is broken but
that lis we'll defined on the ground and
recognized by inhabitants
Fitteenth-That Virginia and West
Virginia did not adopt or ratify the
Michler line but continued to hold
TO the old DeakinS line