Tennessee v. Virginia,
177 U.S. 501 (1900)

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U.S. Supreme Court

Tennessee v. Virginia, 177 U.S. 501 (1900)

Tennessee v. Virginia

No. 11, original

Submitted April 17, 1900

Decided April 30, 1900

177 U.S. 501


A decree is entered, ordering the appointment of commissioners to ascertain, retrace, remark and reestablish the boundary line between the States of Virginia and Tennessee, as established by the decree of this Court in Virginia v. Tennessee, 148 U. S. 503, but without authority to run or establish any other or new line.

On the 16th day of April, 1900, the State pf Tennessee, having obtained leave so to do, filed its bill of complaint against the State of Virginia, setting forth the result of the suit of Virginia v. Tennessee, 148 U. S. 503, establishing the boundary line between the two states; that a subsequent attempt made to have the line run according to the decree in that suit had failed because the power of the Court over the original cause had ceased with the expiration of October Term, 1893, Virginia v. Tennessee, 158 U. S. 267, and asking that the State of Virginia be made a party defendant, and be required to answer the bill, and that, upon the hearing, a decree be entered ordering a rerunning of the boundary line as declared in Virginia v. Tennessee, 148 U. S. 503, 148 U. S. 528.

On the same 16th day of April, the State of Virginia appeared and filed an answer in which it said that it fully accepted the adjudication of this Court in Virginia v. Tennessee, 148 U. S. 503, that the true boundary line between the two states was the compromise line of 1803, commonly called .the diamond line, and believed that that line should be ascertained, relocated and remarked by suitable and enduring monuments and concurred so far in the prayer of the State of Tennessee that this Court should appoint commissioners, residents of neither Tennessee nor Virginia, to perform the work of relocating, retracing and remarking that compromise line. On the 17th day of the same April, the parties entered into the following stipulation:

Page 177 U. S. 502

"It is agreed by the parties to this cause as a basis for decree:"

"1. That the true boundary line between the States of Virginia and Tennessee is the compromise line established by proceedings had by the two states in 1801-1803 , which was actually run and located at that time and marked with five chops in the shape of a diamond, and commonly called the diamond line, and running from White Top Mountain to Cumberland Gap."

"2. That said line has in some parts of it, if not along its entire course, become so far obscured and uncertain as to embarrass the administration of the state and federal laws and produce confusion as to rights of property and conflict and litigation between the citizens of the two states and to necessitate its ascertainment, rerunning and remarking."

"3. That a decree be passed at once by this court providing for the ascertainment, retracing and remarking of said line."

"4. That the names W. C. Hodgkins, A. H. Buchanan and J. B. Baylor are suggested and agreed upon as satisfactory commissioners to be appointed by this Court to ascertain, retrace, and remark said line."

"5. That the record and opinion of the Supreme Court of Virginia in the case of Miller v. Wills shall not be considered as any part of the pleadings in this cause, and need not therefore be printed."

"6. That whatever costs may be required to be borne by the said states shall be equally borne and divided between them."

"April 17, 1900."

"The State of Tennessee"

"By G. W. Pickle, Att'y Gen'l."

"The State of Virginia"

"By A. J. Montague"

"Attorney General"

On the same 17th day of April, the cause was submitted to the court by the respective counsel.

Page 177 U. S. 503

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