State of Maryland Vs. State Of West Virginia.
In The Supreme Court Of The United States.
To the Honorable, The Supreme Court Of The United States:
I, Julius K. Monroe, one of the Surveyors in the above entitled cause, selected by the State of West Virginia under a stipulation filed in said cause, and an order entered therein, beg leave to make the following report:
Pursuant to such stipulation and the order aforesaid, the party, consisting of Mr. John Harned, the Surveyor selected by the State of Maryland, and Mr. S. Johnson Poe, Attorney at law representing the State of Maryland, and myself, met in Kingwood on Tuesday October 2nd. 1894, and on the following morning October 3rd. 1894, we left Kingwood in wagons via Terra Alta for the "Fairfax Stone", at which point we were directed by the Attorney for the State of West Virginia to begin said survey. At Terra Alta, we were joined by Mr. George E. Price, Assistant Counsel for the State of West Virginia. We reached the residence of Mr. George Mosser, in Garrett County, Maryland, about two miles Northeast of the Fairfax Stone", on the evening of October 3rd. 1894. On the morning of October 4th., we proceeded to the "Fairfax Stone" and entered upon the work of the survey.
The party being organized, as follows: - Surveyors, John Harned and Julius K. Monroe; Chairmen, George E. McGee and Homer Ravenscraft; Flagman, William W. Monroe; Axmen, Louis Lantz and J. S. Watson; Commissary, Camden Lantz; Attorney for the State of Maryland, S. Johnson Poe; Attorney for the State of West Virginia, George E. Price.
Mr. George Mosser conducted us to the "Fairfax Stone" and pointed it out to us. The present monument, known as the "Fairfax Stone:, which was pointed out to us by Mr. Mosser, is located near three springs, which by actual survey are located with reference to the monument, as follows: N. 64 Degrees 59 Minutes W. 30 feet, S. 18 Degrees 50 Minutes East 34 feet, S. 46 Degrees 13 Minutes E. 55 feet, respectively.
The present monument consists of two base stones, together forming a square about two feet wide by one foot high, very rough and uneven, which is surmounted by one stone cut into pyramidal shape, the cap of which is gone. The size of this stone would indicate that another layer of stone was originally placed between this and the base stone, which would have made the monument probably five feet high. It is now about 3 1/2 feet. Mr. Mosser stated that this was the monument placed by Lieut. Michler in 1859 or 1860, and was placed directly South of, and against, the original "Fairfax Stone", which is now entirely gone.
We were instructed by the Attorney for the State of West Virginia to locate and retrace upon the ground, as far as possible, both the line run by Lieut. Michler in 1859, and also the old Maryland line known as the "Old State Line" between Maryland and West Virginia, and sometimes spoken of as the "Deakins Line". The "Deakins Line", we understood, had been run in 1789 by Francis Deakins, just prior to, or at the time he laid out what are known as the "Military Lots" West of Ft. Cumberland, as bounty lands for the Revolutionary soldiers for the State of Maryland. We assumed that the magnetic variation of the needle between 1789 and 1894 would be about 3 Degrees 40 Minutes West, and we thereupon undertook to run a reference line North with a Variation of 3 Degrees 40 Minutes. We were also instructed, by Attorney for the State of West Virginia, to not and locate upon the ground the property lines along, and adjacent to the lines aforesaid, both as helf [sic] at present and also as originally granted by the State of Virginia, and in some cases, also to locate and run out grants made by the State of Maryland...