CHAP. 157.—REPORT from the committee on general laws and

oint resolutions, appointing a joint committee to confer with a
joint committee from Maryland legislature, to establish bound-
ary line between Maryland and Virginia. .

Approved March 38, 1890

To the senate of Virginia:

Your committee, to whom was referred the following
preamble and resolution, viz:

Whereas his excellency, Fitzhugh Lee, governor of Vir-
ginia, in his recent annual message, has referred to “ Mary-
land and Virginia boundary line” as not definitely ascer-
tained—

‘Resolved, That so much of the message as refers to
1e boundary line between ‘ Maryland and Virginia,’ and
ne papers accompanying said message, be referred to the
mmmittee on general laws, and report by bill or otherwise
fanv legislation is necessary’”—

eg leave to submit the following report and preamble and
int resolutions :

In seventeen hundred and eighty-five a compact was
made between Maryland and Virginia. The articles of
he said compact bearing specially on the boundary line
re found in the code of Virginia, section thirteen, chapter
hree, pages fifty-nine, sixty, and sixty-one. In eighteen
undred and seventy-seven, Virginia and Maryland ap-
minted arbitrators on the boundary line, and they made an
ward which was ratified by both states. (Vide code of Vir-
zinia, section thirteen, pages sixty-one, sixty-two, and six-
ty-three.) The general assembly of Virginia adopted a joint
rezolution on January ninth, eighteen hundred and eighty-
two (ride acts of assembly eighteen hundred and eighty-
one-eighty-two, chapter six, pages nine, ten) entitled “a
joint resolution for the appointment of a joint committee
of the general assembly of Virginia to confer with a like
committee of the legislature of Maryland, in reference to
the boundary line along the Potomac river.” The gene-
ral assembly of Virginia passed an act entitled “an act to
define the true boundary line between Maryland and Vir-
ginia; todesignate the headlands upon the Potomac river,
and to prohibit unlawful oystering and dredging in the
Potomac river and Pocomoke sound.” ( Vide acts of assem-
bly eighteen hundred and eighty-one—eighty-two, chapter
one hundred and eighty-six, pages one hundred and
ninety-four-eight, approved March first, eighteen hundred
and eighty-two. )

His excellency Fitzhugh Lee, governor of Virginia, in
his message to the general assembly of Virginia, Decem-
ber, eighteen hundred and eighty-nine, refers the question
of the boundary line of Maryland and Virginia to the
legislature. .

Upon examination of the above-named references, it is
clear that the boundary line between Maryland and Vir-
ginia is indefinite and uncertain, and has produced con-
fusion, and may produce wrangling and unpleasant rela-
tons between the states.

The act of the general assembly of Virginia of eighteen
hundred and eighty-one, eighty-two, approved March
first, eighteen hundred and eighty-two, was not approved
by the legislature of Maryland—doubtless for good rea-
sons—and it is right and proper that.a further conference
be had between Maryland and Virginia so as to defi-
nitely arrange and settle permanently the dispute between
two sovereign states, rather than leave the question of

164
boundary line unsettled, to disturb the pleasant and ami-
cable relations now existing between Maryland and Vir-
ginia.

It is apparent, in reading the compact of geeventeen hun-
dred and eighty-five, that the right of fishing in the Poto-
mac was left in common to citizens of both states. It
would be well to have the common of fishery examined
into, and, if possible, to establish the boundary line be.
tween Maryland and Virginia in the Potomac river so as tc
give to those states exclusive jurisdiction for all purposes
to that portion of the Potomac adjoining the respective
states up to the line so established.

Your committee has given a brief outline of the powers
and duties of the commission, should one be appointed.

Your committee would recommend the adoption of the
following preamble and resolutions:

Whereas uncertainty still exists as to what is the real
boundary line between the states of Maryland and Virginia
along the Potomac river, by reason of the failure of the
arbitrators appointed to ascertain the boundary line
between said states, to define and limit the meaning of
the term “headland” as used in said “award, or to locate
such “ headlands” upon the plat filed with said award:
in consequence whereof the jurisdiction of said states
is still in doubt, and litigation and conflict is con-
stantly arising on said Potomac; and, whereas, it is
deemed proper and right that each state should exercise
exclusive jurisdiction over that portion of the Potomac
river to the channel, adjoining each state, if possible to
accomplish that end; therefore,

Be it resolved by the senate (the house of delegates con-
curring), That a joint committee of the general assembly
of Virginia be appointed—two.on the part of the senate
and three on the part of the house of delegates, together
with the president of the senate and the speaker of the
house of delegates, who shall be ex-officio members of the
commission—to confer with a like committee on the
part of the general assembly of Maryland, to take into
consideration the question of establishing a line between
Maryland and Virginia in the Potomac river, running
with or as near to the channel as possible, so as to give
exclusive jurisdiction to the said states over the river
Potomac adjoining said states up to said line, for all pur-
poses; and, also, to take into consideration the boundary
line now in dispute between the two states. These com-
mittees are authorized to frame such a law or compact
touching on these questions given them in charge, and
report such bill or compact to the legislatures for ratifica-
tion or rejection. Should said committees not agree on a
law or compact to be reported, they are authorized to
sport to their legislatures the full proceedings of the
onference.
2. The governor of the commonwealth of Virginia is
equested to transmit a copy of the preamble and reso-
utions at once to the governor of Maryland, requesting
im to forward them to the general assembly of Mary-
and, now in session, and request a concurrence in the same.
3. The joint resolution shall take effect from its passage.

Chap. 158—An ACT for the relief of C. E. Wilson, county treas-
urer of Nottoway county.

Approved March 3, 1890.

1. Be it enacted by the general assembly of Virginia,
That C. E. Wilson, treasurer of Nottoway county, be author-
ized and empowered to levy and distrain for any tickets
for taxes and levies for the years eighteen hundred and
eighty-five, eighteen hundred and eighty-six, and eighteen
hundred and eighty-seven, still in his hands, not returned
delinquent and insolvent, and for which he has accounted
to the state and county; and that said authority and
powers of distress and sale be the same as a county treas-
urer has for the collection of taxes and county levies, and
said powers be extended to the first day of January, eigh-
teen hundred and ninéty-one.

2. This act shal] be in force from its passage.

CHap, 159.—An ACT for the relief of the sureties of Richard A.
Cocke, late treasurer of Surry county.

Approved March 3, 1890.

1. Be it enacted by the general assembly of the state
of Virginia, That the auditor of public accounts of the
state of Virginia is hereby authorized and directed to
accept from J. W. Whitley, E. C. Smith, J. R. Seward, R.
E. Gill, J. N. Ramey, V. A. Savedge, David Steele, B. T.
Moss, J. H. Savedge, J. T. Charles, and W. T. Rogers,
sureties of Richard A. Cocke, late treasurer of Surry
county, or either of them, or from the personal representa-
tives of such of them as may have died, the bonds of the
state, with all unpaid coupons attached, issued under the
act approved February fourteenth, eighteen hundred and
eighty-two, entitled an act to ascertain and declare Vir-
ginia’s equitable share of the public debt, and so forth, at
their face value, to the amount of the balance of twenty
81x hundred and thirty-three dollars and thirty-nine cent:
due by the said Cocke, late treasurer, on account of revenue
and so forth, collected and unaccounted for, computing
interest on such balance at six per centum per annum:
provided, that the said bonds shall be paid to the said
auditor within one year from the passage of this act.
and provided, further, that this act shall not apply to the
said Richard A. Cocke, late treasurer aforesaid.

2. This act shall be in force from its passage.