Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1916-07-14
CLAIMS CONNECTICUT
New Hampshire Files Answer to
Suit Brought by Vermont
Claims Vermont Bank as Boundary -
Case of Great Importance, Involving
Control of Valuable Properties.

New Hampshire s brief in the long
drawn out controversy as to whether
Vermont or New Hampshire shall con
troll waters of the Connecticut river has
been filed in the United States SUI
preme court by Attorney General Tut,
tie and his assistant, Joseph S. Mat
thews.
1t comprises IS closely printed pam
phiet pages and constitutes docu-
ment which the attorney general con
siders impregnable. The claim of the
state as set forth in this brief is that
the west bank of the Connecticut
river, as it ran in the period from
1894 to 1901 at high water mark, from
the point where the river enters the
state of Massachusetts as far north
as the 45th degree of northern lati-
tude is the true boundary line between
the states of Vermont and New lIamp.
shire; and that by virtue of an order
of the king in council on July 20,
1854, and of sundry acts and rcsolu-
lions of congress, of Vermont and of
New York and of sundry other trans
actions and events which took place
prior to the admission of Vermont to
the Union, the west bank of the river
has been so fully and finally deter
mined to be such boundary line, and
such determination was so well under
stood and II matter of such common
knowledge, that the words the state
Iof Vermont as used in describing the
TERRITORY intended in the act admit
ting Vermont to the Union, established
the easterly boundary of the state
at the west bank of the river certain
lily and finally as though it had been
in terms, so described in the act. ="
Vermont claim to the jurisdiction
of the stream to its center is based OF
the ground that the state is not bounC
by the vote of the colonial Legislature
which established the west bank OF
the river as the western boundary OF
New Hampshire, nor by any subse
quent legislation since that time il
which the rights or claims of the STATE
Of Vermont have not been duly anC
properly considered.
While New Hampshire is the de
PENDANT in the action in the brief JUS
filed, the supreme court is asked to en-
join Vermont from disputing the SOW
ereignty of New Hampshire over al
territory of the west bank of the Con
: necticut at high water mark.
The Importance of the final estab
} lishment of this line is hardly realized
by persons who have made only a cas-
ual survey or consideration of the
= question. The establishment of the
western bank of the river as the west
ern line of the state of New Hamp
; shire would give New Hampshire un
disputed control of all its waters, en-
titles it to all the revenue from taxa
tiOn of the great and increasing mum
Der of power dams which have beer
and are to be built across the river
! And the same is true with regard t.
: few toll bridges and several ferries
During the preparation of the brie
referred to General futile and his as
sistant have traversed the entir,
length of the river on both bank
from its northernmost boundary to the
Massachusetts, state line. The histor
zeal research and verifcation of Thu
history of the river in it's relations t,
the state has been made altogethe
: to constitute most valuable worl
aside from its relation to the contro
versy with the neighboring state o
Vermont.