The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1921-06-01
NE VI HAMPSHIRE
FILES BRIEF IN
BOUNDARY SUIT
Case Involves the Controversy
Over Vermont's State Line
GOES TO SUPREME COURT
Millions of Dollars Worth of
Taxable Property Tied
Up In Result

! Concord, N. H., June 1.-The dis
pute over the boundary line between
this state and the state of Vermont,
in which millions of dollars worth Of
taxable property is involved and In
which every person in the two states
is vitality interested came into promi-
!nence again when Attorney General
Oscar L. Young Of this state and AS.
Sistant Attorney General Joseph T..
Mathews left for Washington, where
they appeared before the United States
supreme court yesterday and made a
formal presentation Of the brief in
the case upon which the supreme court
can formally enter the case on the
docket.
The case is a dispute between this
state and the state Of Vermont to de
termine whether the legal boundary
Of New Hampshire on its western
front is the middle OF the Connecticut
river or the westerly bank
In December, 1915, bill OF equity
was filed in the United States supreme
court by the state of Vermont against
the state of New Hampshire claiming
the middle OF the Connecticut river
as the lawful boundary line not the
westerly bank as it has been construed
and recognized for more than 100
years
Action in the case was stopped dur
ing the participation of the United
States in the World war by orders
ito that effect from Gov, PerciYal w,
Clement Of Vermont, The litigation Is
now being revived by the present gov.
ernor of Vermont. Gov. James Hart
ness, through the attorney general OF
that. state.
Valuable property ranging from the
source OF the river in SteNartstown
+ to the town OF Hinsdale where the riv-
er crosses the Massachusetts border,
is involved.
Vermont began 4 survey of the ter
ritory invoyed In 1916. II was com
pleted late that year
/ Makes Thorough Survey
During the summer and fall of 1916
considerable time was spent BY James
p, Tuttle, the New Hampshire attorney
general. and assistant attorney general
in making study of the situation upon
the groundswith members of the gov.
ernor's council and with engineers. 1t
was determined that a comp etc sur
vey OF the entire river and its banks
from the Canada line to the Massachu.
setts line was necessary and the attOr-
ney general was authorized by the
governor and council to cause such a
survey and corresponding plan TO be
made
( Professors Robert Fletcher and
Char.es A. Holden of the Thayer
school of engineering of Dartmouth
college were employed for this work.
They began this survey late in May
and completed 1t In early November
1917. This survey, il is said was
pa nstaking and thorough in all re.
spects, and a vast fund OF Information
in regard to the engineering and geog-
raphical features was accumulate
Assistant Attorney General Mat
thews gave practically his whole time
to looking after. the survey viii e il
was in progress, and to gather inn
portant data from the records of town
along the river The survey was ex,
tended into a plan in the winter and
spring months of 1918 The historical
facts and the principles of law govern
ing the case are, 1t is believed con
troll ing in New Hampshire's favor