The Republican. [volume] (Oakland, Md.) 1877-current, 1910-02-24

ed in the opinion. The court holds that
the Deakins line is an attempted merid-
ian line north from the Fairfax stone to
the Pennsylvania line. The events
leading up to the running of the Michler
line are next given. 1t is pointed out
that the Legislature of Maryland on
March 5, 1860, adopted the Michler line,
commencing at the Fairfax stone and
subsequently the State of Maryland pro-
vided for the marking of the Michler
line. West Virginia, on the contrary,
did not approve of the Michler line, but
in 1887 the legislature passed an act
conditionally confirming it. The dis
/ agreement between Michler line and the
Deakins line probably arises, in the
opinion of the court, from the fact
that Michler ran the true astronomical
line and that his line is due north and
south line, where as the Deakins line
probably run with surveyors compass
and with less accuracy than the Michler
line.
cit is the contention of the State of
Mary land, continue the court, that
Deakins never attempted to run true
north and south line; that he never had
any authority from the State Of Mary
land to do so, and that in the act con-
frming the lay out of the lots by
D5akins it was especially declared by
the State of Maryland that it did not
show the true western boundary of the
state; Furthermore, that the attempt
which has been made to trace the Doa-
kins line shows that it is not a true
north and south line, but broken line,
having offsets in various places.
The State of Maryland insists that
the evidence shows that a number of
old grants made prior to the Deakins'
survey would extend west of the boun-
Diary line as shown either by Deakins or
Michler. 1t is the contention of the
State of Maryland that when these
grants were made they indicated line
further to the west that either of these
lines, and that the ancient grants of
large tracts of land showed that fact.
But the evidence continued in this rec
ord leaves no room for doubt that after
the running of the Deakins' line, the
people Of the region knew and referred
to it as the line between the State of
Virginia and the State of MARYLAND. "
The court then quotes from what it
styles the frank and able report, " filed
by Lieutenant Michler with his survey
confirming this situation, and interprets
his statement as leaving little doubt
that there was an old boundary line
generally adopted. The court then
goes on to quote from the report of the
committee of the Maryland Historical
Society as proving that the Deakins'
line before the passage of the act under
which the Michler line was run had long
been recognized as the boundary and
served as such. Even after the Mich
Ter line was run and marked, the testi-
mony shows that the people generally
adhere to the old line as the true boun-
Diary line. The fact remains that after
the Deakins survey in 1888, the people
. living along the line generally regarded
it as the boundary line between the
state at bar. In the acts of the legis-
latures of the two states resulting in
the survey and running of the Michler
line, it is evident from the language
used that the purpose was not to estab-
fish new line but to retrace the old
line and the court is strongly inclined
to believe that,had this been done at that
time the controversy would have been
settled.
"A perusal of the record satisfies US, "
continues the court, that for many
wears occupation and conveyance of the
lands on the Virginia side had been with
reference to the Deakins line Jas the
boundary line. The people have gener-
ally accepted it and adopted it, and the
facts in this connection cannot be ig-
nored"
The court then quotes Mr. Justice
Field in the boundary line dispute of
Virginia against Tennessee setting forth
that it is the principle of the Supreme
Court that long acquiescence in the
. possession Of territory and in the eXer-
else Of dominion and sovereignty is con-
elusive as the nation S title and rightful
authority"
The opinion continues:
can application of these principles
cannot permit US to ignore the conduct
of the states and the belief of the peo-
pie concerning the purpose of the bound
airy line known as the old state or Dea-
kins line, and to which their deeds call
ed as the boundary of the farms, in rec
ognition of which they have established
their allegiance to the State of West
J Virginia, and in accordance to which
they have fixed their homes and habita-
/ tions.
'"True it is that after the running of
the Deakins line certain steps were TAX
en- intended to provide more effectual
legal settlement and delimitation of the
L E