The Republican. [volume] (Oakland, Md.) 1877-current, 1910-06-02
MARYLAND IN BOUNDARY
DISPUTE LOST POINT
Supreme Court Decided Tuesday That
Low Water Mark is MaryIand's Limit.

In the Supreme Court. of the United
States, to which body was referred sew
eral weeks ago by the attorneys rep
resenting Maryland and West Virginia
in the boundary line dispute between
the two states, the question whether or
not the high or low water mark on the
south bank Of the Potomac river mark
ed the limitations Of the State of Mary
land, was decided Tuesday adversely to
this State, when the court held that the
boundary between the Commonwealth
was low water mark on the southern
bank Of the river.
The contention Of Maryland was that
the boundary should be fixed at high
water mark, while West Virginia took
the contrary position and held that low
water mark was the true boundary.
The Court also held that the cost of
making and marking the boundary line
should be borne jointly by both states
in equal proportions.
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 between MARYLAND
and Virginia, the present ruling of the
court gives to Maryland "a uniform
southern boundary along both Virginia
and West Virginia at low water mark
on the south bank of the Potomac river
to the intersection of the North and
South lire between Marylandyand West
Virginia established blythe decree in the
case. This conclusion" he adds, lis
also consistent with the previous eXer-
else of political jurisdiction by the two
states"
The boundary dispute between the two
states was practically decided by the
Supreme Court on February q, when
the court instructedlAttorney General
Straus, of Maryland, and Attorney Gen
eral Conley, Of West Virginia, to draw
up decree in accordance with which
commissioners were.to run a line.
Messrs. Straus and Conley differed es-
I sentially on two points. Mr.. Straus
held that the high water mark should
serve as the boundary and that the costs
of the survey should be paid equally by
both states. Mr. Conley stood for Glow
water mark" and that leach 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 practi-
cally the old Deakin line.
The decree issued byi the court de-
clares that the truei boundary line be-
tween the States of Maryland and West
Virginia is ascertained and established
as follows: Beginning at the common
corner Of the States of Maryland and
Virginia on the southern bank of the
Potomac river at low water3 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 mark to the point where the
north and south line from the Fairfax
Stone crosses the said North Branch of
the Potomac, and thence running
northerly, as near as maybe, with the
said Deakin' 5 or old state line to the
line of the State of Pennsylvania.
Julius X. Monroe, William McCul-
Tough Brown and Samuel s. Gannett
are appointed commissioners to locate
and permanently mark with monuments
the line
The commissioners are directed to
make their first report before January
l, 1911. but it is believed they will be
ready TO report next October. When
actually engaged on the survey they
viii receive $50 a day for their services.
Up to the present time Maryland has
appropriated SIS, 500 and West Virginia
only S., S35. 10 for the work.