The Barre daily times. (Barre, Vt.) 1897-1959, 1916-07-11
New Hampshire's Answer
to Vermont Conten-
ton
VERMONT BANK
STATES BOUNDARY
Reply Filed in the United
States Supreme Court
by New Hampshire

concord \, H., jury lls-AttoineN
General Tuttle yesterday filed in the SUI
preme court OF the United States the an
swer OF the state OF New Hampshire in
the suit brought by the state OF Yer
mont to determine the boundary line be.
tween these two states. The document,
which has been prepared by Assistant
Attorney General Joseph S. Matthews
during several months of work, fills IS
printed pages. and contends that the
boundary line is the west bank of the
Connecticut river az high water. The
matter is Of far.reaching consequences
as certain large corporations. like the In
ternational Paper company have estab.
lished mills on made land east of the
west bank Of the Connecticut. and both
| New Hampshire and Vermont have
claimed the tax on these properties. The
taxes have been held in escrow for sew
crl years, and the ultimate amount in
voved will reach millions The answer
asks the supreme court 10 establish the
| boundary on the west side of the Con-
necticut at high water mark and also
that a similar boundary be established
on Halls stream, which runs into the
Connecticut below the 45th parallel
In answer the state OF New Hump
shire sets forth that the west bank of
the Connecticut river was esta blished as
the dividing line between the colonies of
New York and New Hampshire by the
kings decree OF July 20, 1904. Both
colonies acceded to this decree and New
Hampshire exercised jurisdiction to the
west bank so long as she remained
colony. The state of Vermont had its
origin in the revolt Of the settlers against /
the authority OF New York following I
this decree The revolt and the occasion I
for it were confined TO the territory al T
lotted to New York which extended only I
to the west bank of the river When the /
independent state of Vermont was or
gained in III the territory TO be in
Guided was stated, in the constitution, to
be the identical territory that had been
involved in the controversy with New
York.
When, in l7sl, Vermont sought To en-
large her claim of jurisdiction both New
and New York invoked the
protection of the articles OF confedera-
blOIis anu 'piS ny biic ItsulAtAOHs vi /
Aug. Z and 90 1881, expressly guaran-
teed TO those states all the territory over
which they had maintained colonial jur-
sdiction, except the territory which had
been in revolt against the government OF
New York, which was particularly de-
scribed in those resolutions, and the
eastern boundary of which was there
stated to be the west bank of the Con-
lecticut river.
Congress made it clear to Vermont
hat she must expressly renounce all ode
hands OF lands or jurisdiction outside
hat territory before her claims would be
considered at ALL and that her failure to
make such remuneration at all events
would be considered as an act of hostil-
ty,
Vermont by the resolution of Feb. %,
1872, limited her territory to that de-
crbed in the resolutions of Congress,
herein describing her eastern boundary
s the west bank of the Connecticut riv
r. and relinquishing all claims outside
+ that territory.
The resolutions Of Congress of Aug. I
nd 20, 1881, and the resolution of Yer
lont of Feb. %. 1882 remained in force
IN in 1901 and have never since been
TERED, or repealed.
On this state OF facts New Hampshire
avs that it was the intention of Con {
ress. in the act admitting Vermont to
ne union. to limit her territory to that I
ascrbed in the resolution of Congress of
ug. 80, 1881, and make the west bank
Connecticut river her eastern bound
". and that such intention was made
clear by the use of the words; "The I
ate of Vermont" as though the descrip-
on in the resolution of Aug. 20, 1881,
i'd been included in the act.
The defendant further says that the ,
ords western banks" and west bank"
used in the kings decree of July %.
81 and in the several acts and resolu-
ons of Congress and of the states of
New Hampshire and New York,
ere always intended to denote line
hich would place the waters of the {
yer at all stages within New Hamp-
ire, and thereby constitute a call for {
e high water mark.
New Hampshire therefore saws that
e territory of Vermont was limited by
e act admitting her to the union. to
at described in the resolution of Con- 1
ess of Aug 20, 1881. and that the west
nix of the Connecticut river at high
tier mark was thereby fixed as her
stern boundary, adjoining the state OF
w Hampshire. :