Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1910-02-25
TO Elk STATE LINE

NAe~i ~ ySoAS Vi htiBdlOu DclOfc lnc
Supreme Court of the United States, the
State of Maryland has lost every point
contended for in the controversy with West
virginia over the boundary line between
the two States, except in so far as Mary
land claimed full jurisdiction over the wa
tiers OF the Potomac river to the high-water
mark on its southern, or Virginia and West
Virginia. shores.
By the decision the State of Maryland
gains few hundred acres of land where
the States of pennsylvania. West Virginia
and Maryland come together. Otherwise
the contentious of the State of West Vir-
einia were recognized.
The suit was instituted in 1890 by United
States Senator White, then Attorney Cen
eral of Maryland
The decision OF the Supreme Court in
this famous and intricate case was handed
down shortly after noon Monday by Mr.
Justice William R. Day, former Secretary
OF State Of the United States, and is unani-
nous. Under the decision the court holds
that the Western boundary of Garrett coun-
ty extends only as far as what was known
as the old Maryland line" which is the
same as the "old Deakins line," which is
the easternmost of the three lines figuring
in the scrap between the two Common
wealths.
The State Of Maryland contended that
the true western boundary between the
two States is the so-called Potomac meri-
dian, which starts at what is known as
the Potomac stone at the fountain head of
the north fork Of the north branch of the
Potomac river. East of the Potomac stone
distance OF about mile and quarter
is another stone known as the old Fairfax
stone, at the headwaters of the middle fork
OF the north branch of the river, and I'M
der the contention of the Attorneys-G General
OF Maryland in their argument of this case
before the Supreme Court it was claimed
that il the court could not bring itself to
the opinion that the Potomac stone was to
be considered the starting point for the
north and south dividing boundary, then
the boundary should be the sO-called Mich
Ter line, running due north and south from
this Fairfax stone.
Not only does the court unanimously
turn down the contention of Maryland for
the Potomac meridian as the boundary,
but also the claim of the State that the
Michler line should be considered the bound
airy. The court declares that the old Deak-
ms line is to be the boundary between the
two States and orders its official re-loca-
ton. The attorneys for Maryland con-
tended in their argument before the court
on November last that the old Deakins
line, which West Virginia set up as mark
ing the boundary up to which she and
Virginia had lived for 100 years, had no
real existence; that it was never actually
run by Francis Deakins. its reputed sur
veyor. and that the case furnished no evil
dence which could afford basis upon
which the court could adopt the Deakins
line as a boundary line between Maryland
and West Virginia.
In response to this part of the argument
of Attorney General Straus, the opinion of
the court, read by Justice Day, declares
that ut may be true that an attempt to
relocate the Deakins line will show that it
is somewhat irregular and not a uniform
astronomical north and south line, but sur
veyors appointed by the States represented
in this controversy were able to locate a
number of points along the line and the
northern limit thereof is fixed by mound,
and was located by the commissioners who
fixed the boundary between West Virginia
and Pennsylvania by a monument which
was erected at that point, and we think
from the evidence in this record that il
can be located with little difficulty by COM
petent commissioners.
The court. therefore. declares that the
decree in this case shall provide for the ap.
pointment of commissioners, whose duty il
shall be to run and permanently mark the
old line, beginning at point north of the
river where the north line from the Fairfax
stone crosses the same"
The court directs that decree be en-
tered settling the right of the States to tn,
western boundary, and fixing the same al
we have hereinbefore indicated to be ruI
and established along the old State line a
known and recognized after the Deakin
survey. and directs the appointment o
commissioners to locate the Deakins line
The court allows the counsel for the re
spective States Of Maryland and West Viz
ginia forty days to agree upon three com
missioners, and to present to the court 70
its approval decree according to the di
rections given. In default of such agree
ment and decree the Supreme Court itsel
will appoint commissioners to mark an
run the old Deakins line over again an
will itself draw up the decree in conformit
with such delimitation of the boundary.
The contention of the State Of Marylan
rested upon the construction Of the chartt
granted by King Charles on June 81
1882, TO Lord Baltimore.
PERQULSITES TO BE REGULA TEL
An attempt to have the private secrets
ries to Representatives in Congress place
upon the rolls as are other House employee,
will be made when the legislative appropri,
ton bill is reported The effect Of tn
will be that members now allowed SIPS
month for clerk hire will have to sho
whether the amount is so expended.