Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1910-06-04
LOW WATER MARX
Maryland Loses Another Point i
Boundary Dispute-For Survey
d Boundary Line


Washington, June Maryland sui
fered another defeat III her contest
with West Virginia over the boundary
between the two states when the Su-
preme Court OF the United States held
that the low water mark on she south
bank OF the Potomac was the true
boundary between the two states, IN
a brief recently flied BY the respec.
tive attorneys general OF the two
states, Mr.. Straus, for Maryland main
tanned that the high water marx
should be the boundary.
The court also decided that the cost
Of surveying the boundary line should
be borne Isl Goth states n equal parts.
The two states have already agreed
upon the surveyors who are to run the
line, and il is assumed that this sur.
veying work will be done this sum
mer. and will be ready for the APPROX
al of the Supreme Court when It
meets at the october term.
The opinion OF the court was read
by Mr.. Justice Day, who pointed out
that inasmuch as the "%low-water
mark is already the boundary be-
tween Maryland and Virginia, the
present ruling Of the court gives
Maryland a uniform southern bound
AIRY along both Virginia and West
Virginia at low water mark on the
south bank OF the Potomac River 20
the intersection of the North and
South line between Maryland and
West Virginia established by the de-
ere in the case. This conclusion, he
adds, is also consistent with tbs prev
ious exercise of political jurisdiction
by the two states"
The boundary dispute between the
two states was practically decided by
the Supreme Court on February 81,
when the court instructed Attorney
General Straus, of Maryland, and At
torney General Conley, of West Vir-
ginia, to draw up a decree in accord
ance with which commissioners were
TO RUIZ a line.
Messrs. Straus and Conley differed
essentially On two points. Mr.. Straus
held that the high water MARI"
should serve as the boundary and that
the costs of the survey should be paid
equally by both states. Mr.. Conley
stood for the flow water mark and
that each state pay her own expenses
and costs. The court held with Mr..
Conley on the boundary line and with
Mr.. Straus On the costs.
Both attorneys general agreed on
the personnel Of the commission
which is to make the. survey, which
will be practically the old Deakir line.
The decree issued by the court de-
clares that the true boundary line be-
tween the States of Maryland and
West Virginia is ascertained and es-
tablished as follows: Beginning at
common corner of the States of Mary
land and Virginia on the southern
bank of the Potomac River at low
water mark at-or near the mouth OF
the Shenandoah River near Harpers
Ferry. and running thence with the
southern bank of the North Branch OF
the Potomac River at low-water marx
TO the point where the north and
south line from the Fairfax Stone
crosses the said North Branch of the
Potomac, and thence running norther-
ly, as neal as may be, with the said
Deakin's or old state line to the line
of the State of Pennsylvania
Julius X. Moore, William McCul
Tough Brown and Samuel S. Gannett
are appointed commissioners to locate
and permanently mark with monu-
ments the line. II
The commissioners are directed to
make their first report before Janu-
airy /, 1911, but it is believed they will
be ready to report next October. When
actually engaged on the survey they
will receive SIS a day for their sery-
ices. Up to the present time Mary
land has appropriated s2s,500 and
West Virginia only ss,S35.13 for the
work.
ECHOES or DECORATION DAY.