Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1910-02-26

~ turn down the contention OF Mary-
land for the Potomac meridian as the
boundary, but also the claim OF the
State that the Michler line should be
considered the boundary. The court
declares that the old Deakins line IS
to be the boundary between the two
States and orders its official reloca-
tion. The attorneys for Maryland
~contended In their argument before
the court on November 4 last that the
old Deakins line, which West Virginia
set up as marking the boundary up to
which she and Virginia had lived for
100 years, had no real existence; that
1t was never actually run by Francis
Deakins, its reputed surveyor, and
that the case furnished no evidence
which could afford a 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 argu-
ment of AttorneyNGeneral Straus. the
opinion Of the court, read by Justice
Day yesterday afternoon, declared
that at 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 surveyors appointed by
the States represented in this contro-
versy were able to locate a number or
points along the line and the northern
limit thereof is fixed by a mound, ami
was located by the commissioners
who fixed the boundary between West
Virginia and Pennsylvania by a mon
ument which was erected at that
point. and We think from the evidence
in this record that it can be located
with little difficulty by competent
commissioners"
Commissioners to Run 1t Again.
The court. therefore, declares that
the decree in this case shall provide
for the appointment of commissioners,
whose duty it shall be to run and
permanently mark the old line, begin
niJS at q poiiiI hOi III vi lhC iHt
where the north line from the Fairfax
stone crosses the same"
The court directs that a decree be
entered Setting the right of the
States to the western boundary, and
fixing the same as we have hereinbe-
fore indicated to be run and establish
ed along the old State line as known
and recognized after the Deakins sur
vey," and directs the appointment of
commissioners to locate the Deakins
line.
The court allows the counsel for
the respective States of Maryland and
West Virginia 40 days from today to
agree upon three commissioners, and
to present TO the court for it's approx
al a decree according to the directions
given. In default of such agreement
and decree the Supreme Court itself
will appoint commissioners to mark
and run the old Deakins line over
again and will itself draw up the de-
cree in conformity with such delinina-
ton of the boundary.
The contention of the State of Mary
land rested upon the construction of
the charter granted by King Charles
l on June so, 1852, to Lord Baltimore.
less array of testimony has been TAX
en- and more than 10 years ago, the
western boundary line of the state
was surveyed. Fl. NJ. Clabaugh, at that
time Attorney General of Maryland,
now a justice of the Supreme Court
of the District of Columbia, equested
the Maryland Geological Survey to
take charge of the work of surveying
the western boundary line.
The purpose of the survey was the
%verifcation of the Michler meridian
line, which started at the Fairfax
Stone and which was run in 1859 and
1860 in accordance with a joint reso-
luton passed by the Legislature of
Maryland and of Virginia. and the