The Republican. [volume] (Oakland, Md.) 1877-current, 1910-02-24
TO FIX MARYLAND-WEsT
VIRGINIA BOUNDARY LINE
CONTINUED from page u

continued possession OF the people claim
ing rights up to the boundary line.
When the proceedings were taken to
run the line of 1859 the legislative acts
passed by the two states showed the
purpose to recognize and distinctly
mark and locate the old line, not make
a new one.
THE effect to be given to such facts
as long-continued possession, gradually
ripening into that condition which is in
conformity with international order de-
ponds upon the merit of the individual
cases as they arise. In this case we
think right in it's nature prescriptive
has arisen practically undsturbed for
many years, not to be overthrown with
out doing violence to principles of estab-
lished right and justice equally binding
upon states and individuals.
cit may be true that an attempt to
relocate the Deakins line will show that
its a somewhat irregular and not uni
form astronomical north and south line:
but surveyors 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 a mound, and was located by
the Commissioners who fixed the bound
airy between West Virginia and Penn
sylvania by a monument 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.
eve think, for the reasons, which we
have undertaken to state, that the de-
cree in this case should provide for the
appointment of commissioners whose
duty it shall be to run and permanently
mark the old line, beginning al point
north of the river where the north line
from the Fairfax stone crosses the
same.
CAS- to the contention made by West
Virginia in her cross bill that she is en-
titled to the Potomac River to the north
bank thereof, the court dismisses that
claim with a reference to the opinion
delivered by Justice Shiras in the case
of Morris VS. the United States. In
this case, among other the things, there
was a controversy between the heirs of
James H. Marshall and the heirs of John
Marshall as to the ownership of the bed
of the Potomac River from shore to
shore, including therein certain reclaim
ed lands, Justice Shiras pointed out
in his opinion that "the charter granted
to Lord Baltimore by Charles l, of the
territory known as the Province of
MARYLAND embraced the Potomac River
and the soil under it and the islands
therein to high-water mark on the
southern or Virginia shore "
"1hls decision, the court holds,
"fully disposes of and denies this claim
of the State of West Virginia in her
cross-bill.
Upon the whole case, the conclu-
sions at which we have arrived, we be-
lieve, meet the facts disclosed in this
record, are Warranted by the applicable
principles of law and equity, and will
least disturb rights and titles long re-
garded as settled and fixed by the peo-
pie most to be affected If this de-
cision can possibly have tendency to
disturb titles derived from one state or
the other by grants long acquiesced in,
giving the force and right of prescrip-
ton to the ownership in which they are
held, it will no doubt be the pleasure as
it will be the manifest duty of the law
making bodies of the two states to con-
firm such private rights upon principles
of justice and right applicable to the
situation.
"a decree should be entered settling
the right of the states to the western
boundary and fixing the same as we
have hereinbe. ore indicated to be run
and established along the old state line
as known and recognized after the
Deakins survey; and commissioners
should be appointed to locate said line
as near as may be.
E'The cross-bill of the State of West
Virginia should be dismissed insofar as
it asks for a degree fixing the north
bank of the Potmac River as her boun-
Diary.
Counsel for the respective states
are gwen 40 days from the entry hereof
to agree upon three commissioners and
to present to the court for its approval
a decree drawn according to the direc-
lions herein given. In default of such
agreement and decree this court will
appoint commissioners, and itself draw
the decree in conformity herewith,
costs to be equally divided between the
states"
An ANCIENT CONTROVERSY.