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CHAP 730
Preamble.
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minal points named in said Act, or the returns and plats
returned in compliance with the requirements of said Act,
as has been determined by the decision of the Circuit Court
of the fourth judicial circuit, in the case of the county
Commissioners of Garrett county vs. The Consolidation
Coal Company; and
WHEREAS, By reason of the said failure to make said
survey and return, and file said plats as originally provided,
the boundary line between the said counties is now an
unsettled question, thus involving both question of jurisdic-
tion of courts and the right of taxation; and
WHEREAS, By an Act of the Legislature, passed at the
Session of 1898, Chapter 304, providing for a location and
marking of the line dividing Allegany and Garrett counties,
between the terminal points named in the original Act of
1872, Chapter 212, and the filing of the returns and plats of
the said survey with the clerk of the Circuit Court of Alle-
gany county, the clerk of the Circuit Court of Garrett county
and with the Commissioner of the Land Office, and the sending
of a copy of said report and returns to the Governor, who,
upon the receipt of the same, should notify the County
Commissioners of Allegany and Garrett counties of his
approval, or otherwise; and
WHEREAS, An accurate survey of the boundary line dividing
Allegany and Garrett counties was made between the terminal
points designated under the Act of 1872, Chapter 212, in
compliance with the Act of 1898, Chapter 304, in the year
1898, the line so run being permanently marked by monu-
ments and mounds, and full and detailed reports and plats
of said survey being filed, as provided, and the County Com-
missioners of the respective counties of Allegany and Garrett
counties having complied with the provisions of said Act, by
levying and paying over, respectively, the sum of five hundred
dollars each for said survey, and the Governor having
approved the report of said survey; and
WHEREAS, Subsequently the Consolidation Coal Company,
questioning the right of the County Commissioners of Garrett
county to collect certain taxes upon lands lying westwardly
of a straight line drawn between the terminal points, as
named in the orginal Act of 1872, Chapter 212, owing to
constitutional grounds involved through inaccuracy and
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