State of Maryland v. State of West Virginia

Background

Two commissioners, Julius K. Monroe and Samuel S. Gannett, were appointed to run, locate, and permanently mark the old state line between Maryland and West Virginia. Beginning in July 1910 they surveyed from the restored Fairfax Stone north to the Pennsylvania line, set 34 large and 26 small concrete monuments (60 permanent marks total), used precise instruments and astronomical observations, and prepared a map and written report describing locations, bearings, elevations, and methods. One commissioner, W. McCulloh Brown, filed separate exceptions and a protest during the work.

Reasoning

The Court reviewed the commissioners’ report, the supplemental materials, Mr. Brown’s separate report and exceptions, and counsel submissions. The Court overruled the exceptions filed on behalf of Maryland, confirmed Monroe and Gannett’s report and map, and declared the line they ran and monumented to be the true boundary between the two States. The map accompanying the report was ordered filed as part of the decree. The Court also approved total survey expenses of $17,154.60 as costs of the case, directed those costs to be borne equally between Maryland and West Virginia, and credited amounts already paid by each State ($5,038.40 by Maryland; $12,116.11 by West Virginia).

Real world impact

This decree fixes a single, monumented boundary line on the ground and in the court record, replacing uncertain or destroyed local markers. Property owners along the line will now have the survey monuments as official corners. The states share the approved survey cost, and the clerk will send authenticated copies of the decree to each State’s chief magistrate (the map itself omitted from those transmitted copies).