The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1916-07-12
New Hampshire's Answer to
Contention in the Suit
Brought by Vermont
VERMONT BANK
STATES BOUNDARY
Reply Filed in United States Supreme
Court - Suit One of Great Impor-
lance, Involving the Control of Val
liable Properties.

MANCHESTER, n. H., july IL
New Hampshire s brief in the long
drawn-out controversy as to whether
Vermont OF this state shall control the
waters of the Connecticut river has
been filed in the United States SUI
premc court by Attorney General Tut
tie and his assistant, Joseph S. Mat
thews.
1t comprises 10 closely printed pam
phiet pages and constitutes a docu-
ment which the attorney general con
sidcrs 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
1864 TO 1891 at high water mark. from
the point where the river enters the
state of Massachusetts as far north
as the 10Th degree of northern lati-
tude is the true boundary line between
the states of Vermont and New Hamp-
shire; and that by virtue of an order
of the king in council on July 20,
1894, and of sundry acts and resou-
tions of congress, of Vermont and of
New York and of sundrv 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 matter of such common
knowledge, that the words 'the state
of Vermont as used in describing the
territory intended in the act admit.
ting Vermont to the Union, established
| the eaStcrly boundary of the state
ut the west bank of the river certain
| " and finally as though it had been
in terms, so described in the act. -
Vermont 5 claim to the jurisdiction
of the stream to its center is based or
the ground that the state is not bound
! 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 subsc
quent legislation since that time il
which the rights or claims of the stat,
of Vermont have not been duly anC
! properly considered.
While New Hampshire is the de
I PENDANT in the action in the brief JUS
filed, the supreme court is asked to en-
join Vermont from disputing the SOW
crcignty 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 tn
| question. The establishment of tn
western bank of the river as the west
ern line of the state of New HamI
shire would give New Hampshire I'm
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.
a few toll bridges and several ferries
During the preparation of the brie
referred TO General futile and his rs
sistant have travnrsed the entirt
Ilength of the river on both bank
from its nOrthernmost boundary to tn,
| Massachusetts state line The hstor
zeal research and veriiication of tn
history of the river in its relations t
the state has been made altogethc
to constitute n most valuable Worl
aside from its relation to the contrC
versy with the neighboring state o
| Vermont