GOV. EHRLICH SIGNS STATUTE OF REPOSE LEGISLATION...continued on page 4 In this legislative session, MSS also testified in support of House Bill 1188 and Senate Bill 143. House Bill

www.marylandsurveyor.org May 2005 — Page 1

The Maryland Surveyor

Volume 31, No. 2 Newsletter/Journal of the Maryland Society of Surveyors May 2005

GOV. EHRLICH SIGNS STATUTE OF REPOSE LEGISLATIONIt took years, a massive effort including a call bank, and a compromise. Follow the story through all the details in the midtermreport by President Faron Pyles on page 2.

Surveyor-attorney Jim Demma, who unraveled the mysteriesof Maryland boundary law – then taught us all – was honoredwith the Society’s Russ Lowman Award, for his matchlesseducational contributions, at our M.S.S. Fall Conference lastOctober. No one ever did more to help or teach the surveyorsof Maryland. For the story of Jim Demma, turn to page 22.

ALERT: PROPOSEDBY-LAWS REVISION See page 7.

IN THIS EDITION:President’s Message .............................................2Executive Director’s Report .................................5Governor’s Proclamation forSurveyor’s Week ..................................................6Proposed By-Laws Revisions ..............................7State Board News ..............................................13MSS News and Events .......................................14Passing of Richard Tustin ..................................14Educational Trust Scholarships .........................17Honoring Bill Nuttle ..........................................21Feature on Jim Demma .....................................22Washington in Cumberland...............................30Membership Application ...................................35


Page 2 — May 2005 www.marylandsurveyor.org

PRESIDENT’S MESSAGE

By: Faron C. Pyles, MSS President

As I approach the midway mark ofmy term as President of the Mary-land Society of Surveyors I am verypleased to review the progress madetoward the various goals establishedfor the 2004-2005 term.

Our Statute of Repose legislationwas signed by the Governor andthe bill became part of the Lawsof Maryland with effective dateOctober 1, 2005! Our societybanded together toward passage of

the Statute of Repose legislation and showed an impressivedisplay of collective effort. When called upon, so many withinour organization responded.

Let me first recapitulate the process. Prior to this legislativesession our society solicited sponsorship for legislation whichwould reduce the time period from 20 years to 10 years afterwhich a person may not seek damages incurred as a result ofan error in a land survey. This proposed legislation also in-cluded the current 3 year Statute of Limitations after discoveryof an error.

Identical bills were crossfiled as Senate Bill 14 and as HouseBill 110.

Senate Bill 14 was assigned to the Senate Judicial ProceedingsCommittee for review. Testimony was provided by MSS insupport of the proposed bill on February 15, 2005. Senate Bill14 received a favorable report by the Senate Judicial Proceed-ings Committee and was passed by the Senate body onFebruary 25, 2005 by a 44-0 vote.

House Bill 110 was assigned to the House Judiciary Commit-tee for review. Testimony was provided by MSS in support ofthe proposed bill on January 26, 2005. As you may recall thisidentical proposed legislation died last year in the House Ju-diciary Committee because the Chairman of the Committeechose not to bring the bill up for vote. Since that time repre-sentatives from the Maryland Society of Surveyors had metwith the Chairman to discuss and address his concerns re-garding the proposed bill in an effort to garner his support.Subsequent to the January 26, 2005 testimony, MSS was madeaware of the Chairman’s concerns related to two particularreal property issues of which he had a personal knowledge.Representatives of MSS responded in a timely fashion to gatherinformation and provide data to the Chairman to establish

that his concerns were not survey related issues in effort toinfluence the Chairman to indeed allow the bill to be votedupon. MSS also worked very hard to shore up support withinthe Committee to assure passage when brought to a vote. TheChairman again held the bill and did not allow the vote. Oursponsoring delegates and our lobbyist, Lorraine Sheehan,worked hard behind the scenes to sway the Chairman’s opin-ion and bring the bill forward for a vote which would allowthe Judiciary Committee decide its fate.

Our Society organized phone banks to flood the Chairman’soffice with calls supporting the bill. Senator Haines, our leadsponsor on the Senate side, spoke with the Chairman on ourbehalf. Relenting to the broad array of interest and supportfor the bill the Chairman and Judiciary Committee proposedan amendment of compromise revising the proposed 10 yearperiod to a 15 year period. The amended bill was voted fa-vorably out of the House Judiciary Committee on March 21,2005 and passed by the House body on March 23, 2005 by a130-3 vote. Amended House Bill 110 was then moved to theSenate side and received a favorable report by the SenateJudicial Proceedings Committee on March 31, 2005 and waspassed by the Senate body on April 1, 2005 by a 46-0 vote.Having concurred with the amendments to House Bill 110the Senate amended Senate Bill 14 accordingly and passedthe bill on April 5, 2005 by a 47-0 vote.

On April 26, 2005 Senate Bill 14 was signed by the Gov-ernor and the bill became part of the Laws of Marylandwith effective date October 1, 2005!

This is a great victory for surveyors in the State ofMaryland! Politics is a game of inches. A great statesmanwas once quoted as saying, “The essence of politics, in myopinion, is the ability to reach short-term compromisewithout changing your long term goals or betraying yourphilosophical beliefs – and, what’s more, without really com-promising anything.”

Our Society will not lose sight of the long term goal of afurther reduction in the Statute and will return and continuethis effort when the political climate is deemed appropriate.

I would like to extend my gratitude to all who participated inthis endeavor. Our legislative body responds to its constitu-ents. Each and every personal visit, letter of support sent orphone call to a delegate or senator were instrumental in achiev-ing our success. Our Society, through years of organizedeffort, is responsible for this accomplishment.



continued on page 4

In this legislative session, MSS also testified in support of HouseBill 1188 and Senate Bill 143.

House Bill 1188 provided for the establishment of a mechan-ics lien for debts related to land surveying services and otherdefined services in connection with buildings or associatedimprovements and project infrastructure. This bill was passedby the House body but failed to pass out of the SenateJudicial Proceedings Committee before the end of thelegislative session.

Senate Bill 143 places a requirement for the filing of a Certifi-cate of a Qualified Expert in certain malpractice claims to befiled in a Circuit Court or United States District Court, againstlicensed professionals, including licensed surveyors and theentity through which they perform their work, whereby aqualified expert must file a statement attesting that the licensedprofessional failed to meet an applicable standard of profes-sional care and providing that any claim shall be dismissedwithout the filing of such a certificate. Senate Bill 143 wassigned by the Governor on April 26, 2005 and became part ofthe Laws of Maryland with effective date October 1, 2005.This legislation will prove to be of great benefit to the survey-ors in our state.

Other bills of interest to the surveying community were:

Senate Bill 152 which alters specified grounds that may beused as the basis for taking disciplinary actions against appli-cants or licensees under the laws of Maryland relating to theregulation of architects, certified interior designers, landscapearchitects, professional engineers, professional land survey-ors, and property line surveyors. Senate Bill 152 was signedby the Governor on April 26, 2005 and became part of theLaws of Maryland with effective date October 1, 2005

Senate Bill 721 would have required a homeowner or anassociation of homeowners, council of condominium unit own-ers, or cooperative housing association, to first comply withspecified procedures before filing an action against a contrac-tor or construction professional for a construction defect in aresidential dwelling; requiring a court to dismiss an action notcomplying with requirements of the Act; establishing proce-dures for notice, inspection, and opportunity to repair thedefect or settle the claim; etc. This bill did not pass out of theSenate Judicial Proceedings Committee.

House Bill 1295 would have established a notice procedurefor a homeowner or an association to comply with no laterthan 90 days before bringing an action against a contractorfor damages to a dwelling or personal property based on aconstruction defect claim; requiring a claimant to allow a con-tractor to inspect a dwelling and to provide evidence to acontractor regarding an alleged defect; requiring a contractorto respond in a specified manner to the claimant’s defectnotice no later than 30 days after inspection or receipt ofevidence; etc. This bill did not pass out of the House Eco-nomic Matters Committee.

For more information for any of these bills visit the MarylandGeneral Assembly website at http://mlis.state.md.us/#bill.

Did you know that the Maryland Society of Surveyorsand its lobbyist vigilantly track any pending legislationthroughout each year’s session to protect the safety,health, property and welfare of the public and to informand protect the interests of the surveyors in our state?

In addition to our efforts on the legislative front I wouldlike to take this opportunity to report on other projectswithin our society:

Development and implementation of the Professional LandSurveying Mentoring and Portfolio Building Program isongoing. Our Society is assisting the State Board for Profes-sional Land Surveyors and the Department of Labor, Licensingand Regulation in developing these two programs intendedto assist applicants in obtaining the experience and educationnecessary to become qualified to sit for the Professional LandSurveyor licensing examination. Plan on attending the MSSJuly 26, 2005 General Membership Meeting at which time apanel discussion will be presented to report on the progressof this project and provide a forum to our members to ex-change ideas related to the development of these programs.

We have undertaken a campaign to support the CertifiedSurvey Technician Program as sponsored by the NationalSociety of Professional Surveyors and American Congress onSurveying and Mapping. I would like to thank all the MSSChapters who have had discussions and presentations tar-geted at educating the members of our Society and professionas to the many benefits and merits of this program and toencourage participation. I am also pleased to report that TheMaryland Society of Surveyors proctored CST examinations atour recent Spring Conference. We will continue to provide avenue for this testing in the future and will continue to sup-port this fine program.

We have tripled our society’s involvement in the NSPS Trig -Star Program this year under leadership of Past PresidentJohn Mettee.

We have proposed Bylaws Revisions which are targeted atbetter defining duties within our organization and providingfor better communication and interaction for members in allgeographic locations within our state. These proposed revi-sions are addressed within this publication.

And last but certainly not least to be mentioned is the con-tinuance of quality educational programs planned andadministered by our Education Committee.

In closing, I would like to pass on a few observations. Typi-cally this publication is mailed only to our membership. At arecent Board of Directors meeting it was decided to mail thispublication to all surveyors licensed in the State of Maryland.Of the current 707 surveyors licensed in the State of MarylandI was more than surprised to discover that only 53% or 374are currently members of our Society.

I sincerely hope that after receiving and reading this publica-tion those within the 47 % who are non-members will strongly



Air Survey 45180 Business Court, Dulles, VA 20166-6706

Tel. (703) 471-4510 or (800) 272-6299 Fax (703) 471-6810 www.airsurvey.com

e-mail: [email protected]

AERIAL MAPPING Aerial photography Multi-spectral imagery Geodetic control Global Positioning System surveys – ground/airborne

Analytical aerotriangulation Digital Photogrammetry Digital orthophotography Digital terrain modeling Volumetric surveys Reprographics

GEOGRAPHIC INFORMATION SYSTEMS Database design and implementation Graphics/attribute data collection Polygon processing Topology Utility systems inventories Municipal and County geosystems Military master plan mapping Facilities management mapping

DATA CONVERSION Analog to digital System to system Imperial to metric Datum to datum

consider joining the ranks of this society. Non-members shouldrealize the hard work being done on their behalf and ac-knowledge that their support is not only needed but is just.The nominal amount requested for membership dues is in-deed modest when evaluating the benefits received throughefforts made by this society. MSS offers membership discountson educational programs that alone could offset the cost ofmembership dues.

I have stated before that my involvement with MSS has beena very rewarding experience. It has afforded me theopportunity to associate with many fine people within ourprofession. My involvement with the Society has proven tobe so valuable in the respect that I have participated in manyactivities through which I have had the opportunity to shareand exchange ideas, discuss problems common to allsurveyors in our state and better understand the issues facingour profession.

As we all strive to grow as professionals, involvement withour Society contributes to this goal in so many ways.

On behalf of the Maryland Society of Surveyors, I wouldlike to take this opportunity to again extend an invitationto all non members to learn more about the MarylandSociety of Surveyors and the many ways the MSS is working

to best serve the interests and needs of surveyors in the Stateof Maryland.

I encourage all of you to step up and take a more active rolewithin our organization. In these past years I have met verymany hard working individuals who have volunteered so muchof their time to make this Society successful. In the past Ihave commented that “so few work so hard for so many.” Yourinvolvement is encouraged, your opinions are important andyour support is needed!

While the MSS is a statewide organization your involvementcan be conveniently accommodated on the local level throughthe local chapter in your area. As an MSS member you canparticipate in a local chapter with fellow surveyors who shareyour immediate needs and concerns. Contact information forChapter Chairs can be found at the end of this publication orobtained by calling the MSS at 1-800-303-6770.

This information is also available on the MSS website, whichhas been revamped and is more current, informative anduser friendly than ever before. Be sure to visit our website at:http://marylandsurveyor.org/.

PYLES continued from page 3



FROM THE DESK OF THE EXECUTIVE DIRECTOR

By: Mark L. Husik, MSS Executive Director

GOVERNOR EHRLICHSIGNS STATUTE

OF REPOSE

Tuesday, April 26, 2005 was indeeda great day for surveyors in Mary-land – for on that day, I had thepleasure of accompanying PresidentFaron Pyles, Past President GeorgeWigfield, Jim Demma, Esq., RonaGoldberg and Lorraine Sheehan, ourGovernment Affairs specialist toGovernor Ehrlich’s Bill Signing Cer-

emony in the State House. This event was the culmination ofseveral years of meetings, lobbying, phone calls and persis-tence by our entire legislative team, and you, our members.

As you may recall, last year, the bill never came up for a votein the House Judiciary Committee. This year it appeared thatwe might be facing the same stumbling blocks, but our per-sistence managed to convince the House Judiciary Committeeto vote HB 110 out of committee, albeit with an amendment.They amended it to 15 years, but this is a great victory never-theless! The fact that the bill passed third reader with 15 yearsis a tremendous accomplishment. Since the Maryland Senatehad passed the companion bill, SB14, by 44-0 on February25, it had no problem concurring with the House amendedbill. The Senate passed the amended bill 47-0 on April 5.

On behalf of the entire Society and on a personal note, Iwould like to extend my sincerest appreciation to two indi-viduals without whom this legislation would have neverbecome a reality – Jim Demma and Lorraine Sheehan.

As legal counsel to MSS, Jim Demma has guided us every stepof the way. He was always available to meet with legislators,answer questions, prepare testimony and to appear beforethe various committees. MSS is truly fortunate to have him onour team! For a more in depth look at Jim, please see ChasLangelan’s feature article on page 22.

Lorraine Sheehan has been an activist both as a volunteer andprofessional for 30 years. She was elected to the MarylandHouse of Delegates in 1974 and re-elected in 1978 and 1982.During her time in the General Assembly, she served on theHouse Judiciary Committee and the House Ways and MeansCommittee.

In 1983, Governor Harry Hughes appointed her Secretary ofState of Maryland.

Since 1990, she has represented numerous nonprofit agen-cies and professional associations, including MD Center for

Community Development, Job Opportunities Task Force, MDDisability Law Center, MD Mental Health Association, MDSociety of Surveyors, MD Society of Professional Engineers,MD Chapter American Council of Engineering Companies andthe American Association of Marriage and Family Therapist.

Lorraine’s knowledge of the legislative process and her solidreputation as a person who works well with diversified inter-ests has served her clients well. Lorraine is also recognized asa strong advocate who does not hesitate to speak out.

As a volunteer, she is the Past President of The Arc of theUnited States (the largest family/consumer organization ad-vocating for the rights and supports for people with cognitivedisabilities); a Commissioner of the Anne Arundel HousingAuthority and a Board member of the MD Association ofHousing and Redevelopment Agencies. She has received nu-merous awards and has served on many Boards andCommissions through the years.

Recently I spoke with Lorraine to thank her for her efforts onour behalf. She told me that “Working with MSS has been atreat! The lobbying process works best with a team of “real”people who are affected by the legislation, an able ExecutiveDirector and a committed lobbyist. The MSS Team is classic!To tell you a secret, it doesn’t happen often but it did with ourteam! Thank you for the opportunity to work for you.”

Thank you to all of our members who took time to write andcall their legislators. It truly made a difference. So, the nexttime one of your colleagues – who is NOT a member of MSS– asks why he SHOULD be a member of MSS, please remindhim/her of the “story” of the Statute of Repose. The Societycame together on a most important issue and worked hardfor years to make it become a reality! Yes, it is true that theoutcome of our work will benefit every licensee, but nothingcan replace the feeling that you, a member of MSS had a partto play in the legislative process.

On page 35 of this newsletter is an MSS membership ap-plication. If you have been thinking about joining awinning team, the time is NOW! Our membership yearruns from October 1 through September 30. Join nowand receive an additional four months at no extra charge.This offer is good for NEW members only! Remembermembers receive discounts on all MSS activities, includ-ing the Fall and Spring Conferences, workshops andProfessional Development Series Videos. There is strengthin numbers, so join now and have your voice heard.

JOIN MSS NOW!





PROPOSED REVISIONS TO THE MSS BYLAWS

By: Keith Bailey, Director-at-Large

The Maryland Society of Surveyors Board of Directors votedon March 17, 2005 to approve for recommendation to themembership revisions to the By-Laws. The most extensiverevision is the addition of the description of duties for theDirectors-at-Large as well as their areas of responsibility. TheBoard took a hard look at the Directors, and determined thata structural change would be of benefit of the Society, andadd value to the relationship between the Board of Directorsand the chapters, therefore a new section was added toARTICLE VI; OFFICERS AND DIRECTORS, creating the posi-tions of Area Directors. The text reads as follows:

SECTION 10 – DUTIES OF THE AREA DIRECTORS

A) The Area Directors shall represent the Maryland So-ciety of Surveyors on a statewide level, promoting theideas and pursuits of the Society, and in return keepthe Society informed by reports from the member-ship as well as non-members in the surveyingcommunity. They shall represent the Society by at-tending local chapter functions, and assisting localchapters, within the State of Maryland in the follow-ing areas and including the following chapters:

Area 1 – Western, Appalachian, CarrollArea 2 – Potomac, Southern, ChesapeakeArea 3 – Howard, Baltimore, Susquehanna,Area 4 – Upper Eastern Shore, Lower Eastern Shore

B) Each Director shall be responsible for serving on,or acting as chairman, for at least one standingcommittee.

C) Each Director shall ensure that their Area is host toat least one (1) seminar, and one (1) General Mem-bership Meeting, within the calendar year beginningon January 1.

D) The Area 1 Director will serve as the West VirginiaSociety of Professional Surveyors liaison.

The Area 2 Director will serve as the VirginiaAssociation of Surveyors liaison.

The Area 3 Director will serve as the PennsylvaniaSociety of Land Surveyors liaison.

The Area 4 Director will serve as the DelawareAssociation of Surveyors liaison.

What does this mean to the membership? A more active rolewill be played between the Area Directors in the local chap-ters, allowing for the flow of information between chapters,and to and from the Board. This doesn’t mean that when aChapter Chairman cannot attend a Board meeting, they areautomatically covered by their Area Director. The Chapter

Chairman is still responsible for informing their Vice-Chair-man and requesting they attend. However, should theVice-Chairman be unable to attend, the local chapter will stillhave representation through the Area Director.

By attending the chapter meetings in their particular areas,the Area Director will also facilitate the flow of ideas as wellas the sharing of information between chapters. All of thechapters share borders with other chapters, and some withother States, and there’s going to be an overlapping of workbetween them. It will be the Area Directors responsibility toreport on issues that other chapters are experiencing, as wellas the projects other chapters are undertaking, in the eventthere may be common interest. Keep in mind that the AreaDirectors do not have any authority over the chapters, butmerely act as a liaison between the chapters, and offer theirassistance in organizing chapter events.

The Board understands the problems some of the outlyingchapters (Western, Lower Eastern Shore) face in attendingseminars and General Membership Meetings. Sometimes it’sjust too far to travel, and you don’t have the time in your dayfor a 3-5 hour drive to attend MSS events. By this revision, theArea Directors will ensure that a General Membership meet-ing will be held in their area at least once per year. It will alsobe the responsibility of the Area Director to bring, at a mini-mum, one seminar to their area within each calendar year.This will allow members in the Western and Eastern part ofthe State to attend MSS functions at least twice a year.

The elections of the Area Directors will be the same as theDirectors-at-Large, except that the number has increased fromthree to four. They will still come from a list of nominationsfrom the Nominations/Tellers Committee, or from the floor ofthe May General Membership meeting, as has always beendone. Does this mean you will have someone from the West-ern part of the State representing the Area on the EasternShore? It’s a possibility, but it is not the intent of the Board.The Nominations Committee will do all it can to nominatemembers who either work or live in the Area they are pro-posed to represent. The local chapters must also take on someresponsibility for finding and suggesting members that desireto be involved. In the long run, regardless of where the AreaDirector is actually located, you must remember that repre-sentation from another part of the State from someone whocares enough to be involved is better than representation fromsomeone in your Area who had to be coerced, and reallydoesn’t want to be involved.

So, come on out to the General Membership meeting atHarris’ Crab House in Grasonville, Maryland on May 24

continued on page 9





and voice your opinion to these proposed By-Laws revi-sions by voting on them. This is your chance to be heard.Remember, the Society and it’s Board of Directors areworking hard for you, to make the MSS the best that itcan possibly be.

(Posted below are all the proposed revisions in bracketedtext. The complete bylaws marked for revision can be viewedat the MSS website: http://www.marylandsurveyor.org/.)

MARYLAND SOCIETY OFSURVEYORS BYLAWSAS ADOPTED WITH REVISIONS NOVEMBER 2001

ARTICLE VBOARD OF DIRECTORSSECTION 1 – DIRECTORSA) The corporation shall be managed and controlled by a

Board of Directors.

B) The Board of Directors shall consist of the followingmembers:

1. Immediate Past President2. President3. President-Elect4. Vice President5. Treasurer6. Secretary7. National Society of Professional Surveyors

Governor8. Chairperson of each Chapter or designee, if the

Maryland Society of Surveyors is subdividedinto chapters

9. Three Directors-at-Large [Four Area Directors]

C) The Board of Directors, by a vote of a two-thirds majorityof the entire Board, may increase or decrease the numberof Directors to a number not greater than twenty-three norless than seven and by a like vote fill the vacancies createdby any such increase in the number of Directors.

D) The presiding officer of the board of directors shall bethe president or a member of the board appointed by thepresident.

SECTION 2 – GENERAL POWERS OF DIRECTORSA) The Board of Directors, in addition to the power

expressly conferred upon it by these bylaws and by thelaws of Maryland, may exercise all such powers and do allsuch acts and things exercised or done by membershipcorporations.

B) The terms of office shall begin on October 1.

ARTICLE VIOFFICERS AND DIRECTORSSECTION 1 – TERMS OF OFFICEA) The officers of the Corporation shall consist of an

Immediate Past President, President, a President-elect, a

Vice President, a Secretary, a Treasurer, and three (3)Directors-at-Large [four (4) Area Directors], and suchother officers as may from time to time be elected.

B) The terms of office of the Immediate Past President,President, President-elect and Vice President shall be oneyear or until their successors are duly elected and quali-fied. The terms of office shall begin on October 1st ofeach year.

C) The terms of office of the Secretary and the Treasurer shallbe for two years or until their successors are elected [shallbe elected in even numbered years and shall holdoffice for two years or until their successors are dulyelected and qualified. The terms of office shall beginon October 1st of even numbered years.]

D) Directors-at-large [Area Directors and the National So-ciety of Professional Surveyors Governor] shall beelected in odd numbered years and shall hold office fortwo years or until their successors are duly elected andqualified. [The terms of office shall begin on October1st of odd numbered years.]

SECTION 2 – DUTIES OF THE PRESIDENTA) The President shall be the Chief Executive Officer of the

Society; shall appoint all committee members and desig-nate the chairpersons except the Nominations/TellersCommittee and Strategic Planning Committee, [Ethics andPractice Committee, Survey Standards and PracticeCommittee, and Conference Committee]; shall havegeneral supervision over all matters pertaining to theCorporation; shall see that harmony is preserved and theBylaws enforced; and shall perform other such duties asmay be required of him in the Bylaws.In general, thePresident shall have such powers as are incident to theoffice of a President of such a corporation. The Presidentor his or her delegate, shall, when possible, represent theSociety at meetings of regional, national or internationalorganizations which are of interest to the Society.

SECTION 3 – DUTIES OF THE PRESIDENT-ELECTA) The President-elect shall assist the President in the perfor-

mance of the duties as above stated; shall act for him inhis or her absence; and shall be invested at such time withthe full powers and prerogatives of the President andsubject to the prescribed duties.

B) The President-Elect or his/her designee shall attend allmeetings of the Maryland Board for Professional LandSurveyors and report back to the Board of Directors.

C) The President-Elect shall serve on the Conference Com-mittee [and the Strategic Planning Committee].

SECTION 4 – DUTIES OF THE VICE PRESIDENTA) The Vice President shall assist both the President and the

President-Elect in the performance of their duties as abovestated, and shall act for them in their absence; he or sheshall be invested at such time with full powers and pre-rogatives of the President or President-Elect and subject tohis or her duties.

BYLAWS continued from page 7

continued on page 10



B) The Vice President shall chair the Strategic Planning Com-mittee, Ethics and Practice Committee and Survey Standardsand Practice Committee.

SECTION 5 – DUTIES OF THE SECRETARYA) The Secretary shall keep minutes of all regular and special

meetings of the Society membership and of the Board ofDirectors. He or she shall be responsible for keeping arecord of all correspondence concerning the Society ac-tivities (excluding any inter-committee correspondence);shall be responsible for all notices of meetings, electionsand other business of the Society being sent as outlined inthese Bylaws or as directed by the Board of Directors,however, the Executive Director may assist the Secretaryin his or her duties, but in no way relieve the electedSecretary of his or her responsibilities. In the absence ofthe secretary from a meeting, the presiding officer shallappoint a substitute. [The Secretary shall serve aschairman for at least one Standing Committee.]

SECTION 6 – DUTIES OF THE TREASURERA) The Treasurer shall keep all the financial records of the

Society, disburse all funds, collect all dues, contributions,assessments and other income and file a report at the Boardof Directors and General Membership meetings. He or shealso shall file any annual reports required by law. TheExecutive Director or Executive Secretary may assist theTreasurer in his or her duties, but in no way relieve theelected Treasurer of his or her responsibilities.

SECTION 7 – DUTIES OF THE EXECUTIVEDIRECTOR, EXECUTIVE SECRETARY OROTHER AGENTSA) An Executive Director, Executive Secretary, or other agents

may be employed by the Board of Directors at such rate ofcompensation as it deems fair and proper.

B) The Executive Director or Executive Secretary shall serveas the Administrative Officer of the Society. He or she shallperform the duties and responsibilities delegated to himor her by the Board of Directors and all other functionsusual to such office.

SECTION 8 – DUTIES OF THE NATIONAL SOCIETYOF PROFESSIONAL SURVEYORS GOVERNORA) The National Society of Professional Surveyors Governor

or his or her designee shall represent the Maryland Societyof Surveyors on a national level and in return keep theSociety informed by reports from each national orregional meeting.

SECTION 9 – DUTIES OF THE IMMEDIATE PASTPRESIDENTA) The Immediate Past President shall chair the Nominations/

Tellers Committee.

[SECTION 10 - DUTIES OF THE AREA DIRECTORSA) The Area Directors shall represent the Maryland So-

ciety of Surveyors on a statewide level, promoting the

ideas and pursuits of the Society, and in return keepthe Society informed by reports from the member-ship as well as non-members in the surveyingcommunity. They shall represent the Society by at-tending local chapter functions, and assisting localchapters, within the State of Maryland in the follow-ing areas and including the following chapters:

Area 1 – Western, Appalachian, Carroll

Area 2 – Potomac, Southern, Chesapeake

Area 3 – Howard, Baltimore, Susquehanna,

Area 4 – Upper Eastern Shore, Lower Eastern Shore

B) Each Director shall be responsible for serving on,or serving as chairman, for at least one standingcommittee.

C) Each Director shall ensure that their Area is host toat least one (1) seminar, and one (1) General Mem-bership Meeting, within the calendar year beginningon January 1.

D) The Area 1 Director will serve as the West VirginiaSociety of Professional Surveyors liaison.

The Area 2 Director will serve as the VirginiaAssociation of Surveyors liaison.

The Area 3 Director will serve as the PennsylvaniaSociety of Land Surveyors liaison.

The Area 4 Director will serve as the DelawareAssociation of Surveyors liaison.]

ARTICLE VIIELECTION OF OFFICERS & DIRECTORSSECTION 1A) The President-elect and the Vice President shall be elected

by ballot from a list of qualified members submitted by theNominations/Tellers Committee or nominated from the floorat the Society’s May meeting.

B) A candidate for President-elect must have previously servedin a statewide elected office of the Society, including di-rector-at-large, or [area director].

C) The President-elect shall automatically become Presidentat the end of his or her term as President-elect.

D) The Secretary and Treasurer shall be elected by ballotfrom a list of qualified members submitted by theNominations/Tellers Committee or nominated from thefloor at the Society’s May meeting on alternate [evennumbered] years.

E) An officer or director must be a regular member in goodstanding.

F) Election shall be by a plurality vote of the regular mem-bers in good standing, voting by written ballot furnishedby the Secretary, Executive Director or Executive Secre-tary. The election shall be conducted by mail. The ballotsshall be mailed by June 15th of each year to all membersin good standing. All properly marked ballots received priorto July 15th of each year shall be counted.







G) The election of Directors-at-Large [Area Directors] shallbe conducted by mail from a list prepared by the Nomina-tions/Tellers Committee and consisting of a minimum ofthree (3) [four (4)] members in good standing, [or nomi-nated from the floor at the Society’s May meeting, inodd numbered years.]

H) The National Society of Professional Surveyors Governorshall be elected from a list prepared by the Nominations/Tellers Committee and consisting of not more than three(3) members in good standing, [or nominated fromthe floor at the Society’s May meeting, in odd num-bered years.]

I) These lists shall be read at the Society’s May generalmembership meeting with any nominations from the flooradded and mailed to all members in good standing byJune 15th of each odd year. All properly marked ballotswill be counted.

J) The term of office of Directors-at-Large and the NationalSociety of Surveyors Governor shall begin on October 1stof each odd numbered year.

K) Election shall be by a plurality vote of regular members ofthe Society whose ballots shall have been received by thedate specified.

L) Chapter Chairpersons shall be elected by the Chapter Mem-bership by July 15th of each even year. The ChapterChairperson shall serve on the Board of Directors of theSociety for a term of two years, beginning on October 1 ofeach even-numbered year.

M) Vacancies on the Board of Directors or the Officers of theSociety shall be by election or appointment by the Board.

ARTICLE VIIIMEMBERSSECTION 1 – CLASSES OF MEMBERSHIPThere shall be five [six] classes of membership:

A) REGULAR MEMBERAny person licensed by the Maryland State Board for Pro-fessional Land Surveyors.

B) HONORARY MEMBERAny person who has attained 65 years of age and has

retired from active practice as a Professional Land Sur-veyor or Property Line Surveyor and has been a regularmember in good standing for each of the nine yearspreceding and also in the year in which such age is at-tained, or has retired from active practice, whichever islater, may be elected an honorary member. Each nomina-tion for honorary membership shall be made by a regularmember in good standing. Each member of the Board ofDirectors shall be given notice of any such nomination.A vote on the election shall be taken within 60 days ofsaid notification.

C) AFFILIATE MEMBERAny business entity engaged in either the manufacture ordistribution of surveying instruments or equipment, or inthe compilation or reproduction of maps, or in the perfor-mance of service for land surveyors. An affiliate member isentitled to be represented at all meetings and will receivecopies of all literature dispensed by the Society. The affili-ate member is not entitled to vote on any Society businessand cannot hold office.

D) ASSOCIATE/STUDENT MEMBERAny person not meeting the qualifications of the regularor affiliate membership class, and being interested in landsurveying and/or the activities of the Maryland Society ofSurveyors. If said person attains registration as a Profes-sional Land Surveyor, said individual must be reclassifiedas a regular member. The Associate/Student member isnot entitled to vote on Society business and cannothold office.

E) CORRESPONDING MEMBERAny person who does not work in the State of Marylandand who resides outside of the State of Maryland who isdesirous of receiving copies of the Maryland Society ofSurveyors publications. A Corresponding Member is notentitled to vote on Society business and cannot hold of-fice. A corresponding member is qualified for the publishedmember rates for any Society function.

F) RETIRED MEMBERAny person who has a Retired Status License issued by theMaryland State Board for Professional Land Surveyors and/or is 65 years of age and has surrendered their license.




STATE BOARD NEWS

MINIMUM STANDARDSUPDATE

A t their regularly scheduled meeting on April 6 theMaryland State Board for Professional Land Surveyors votedto approve revisions to the minimum standards of practice.This is actually the second revision that the Board has pro-posed. After public comment was taken on the first proposedrevision, the Board decided to withdraw that original draft.The cooperative committee comprised of MSS and Board mem-bers went back to the conference table, and with commentsfrom the public in hand, drafted a new set of proposed revi-sions. The Board sent the proposed revisions to AELR forlegislative review. The AELR has finished their work with them,and they have just been published in the Maryland Registerand have been posted on the MSS website, (http://www.marylandsurveyor.org/). THEY ARE THEN SUBJECT TOA 30 DAY PERIOD OF PUBLIC COMMENT. After public com-ment, the Board will decide how to proceed. Keep alert andwatch for the new proposal.

WITMER MOVES ON,METTEE MOVES IN,DUNNE SIGNS UP

Dick Witmer will be retiring from the Board in June whenhis term expires. When the upcoming vacancy was announced,the MSS submitted names of potential candidates to the de-partment for the Governor’s consideration. The Governorwisely chose one of our candidates, MSS Past President JohnV. Mettee III. John will be joined in his freshman year by JoanDunne, the new consumer member of the Board. CurrentBoard member Don Ocker will assume the chairmanship ofthe Complaint Committee being vacated by Mr. Witmer.

OCTOBEREXAMINATIONS

In January, grade notices were mailed to candidates who satfor the Engineering and Surveying exams in October 2004.Pass/fail rates are listed below:

FUNDAMENTALS OF LAND SURVEYINGNumber Of Examinees ........................................................... 4Number Passing ...................................................................... 4Percent Passing ................................................................... 100

P & P OF LAND SURVEYINGNumber Of Examinees ......................................................... 18Number Passing .................................................................... 11Percent Passing ..................................................................... 61

MD LAW & ETHICSNumber Of Examinees ......................................................... 27Number Passing .................................................................... 13Percent Passing ..................................................................... 48

STORM DRAIN & ROAD GRADE DESIGNNumber Of Examinees ......................................................... 29Number Passing .................................................................... 15Percent Passing ..................................................................... 52

FUNDAMENTALS OF ENGINEERINGNumber Of Examinees ....................................................... 250Number Passing .................................................................. 126Percent Passing ..................................................................... 50

P & P OF ENGINEERINGNumber Of Examinees ....................................................... 237Number Passing .................................................................. 118Percent Passing ..................................................................... 50



SAVE THE DATE!THE 2nd ANNUAL

APPALACHIAN CHAPTER PIG OUTThe Pig Out will be held this year on Saturday, May 21, from12 PM to 6 PM at the AMVET Farm, Routes 144 &70, Frederick,MD. Admission is $25/person in advance, $30 at the door.The menu includes: Pulled Pig, Chicken, Burgers & Dogs,Salads, Desserts, Soft drinks, Iced Tea, and Beer.

For Fun & Games there will be Survey Challenges, Volleyball,Horseshoes, Door & Event Prizes, Surveying Vendor Displays& Demonstrations.

For Advance Tickets or Information Contact:Robert Kundrick (301) 631-5296Bob Pasley (301) 854-5055Bob Banzhoff (301) 948-4700TJ Frazier (301) 788-7979

Directions:From Frederick & Points West:Follow Route 70 to Exit 56, MD Rt. 144 (Old Rt. 40)Follow Route 144 east 3 miles, The Farm will be on your left

From Baltimore & Points East:Follow Route 70 to Exit 59, MD Rt. 144 (Old Rt. 40)The Farm will be immediately on your right after the ramp

THE 2005 MSS ANNUALST. MICHAEL’S CRAB FEAST

The 2005 MSS Annual St. Michael’s Seminar and Crab Feastwill be on Friday, June 10. Watch your mail and the MSSwebsite for all the details.

THE 2005 MSS ANNUALFALL CONFERENCE

The 2005 MSS annual Fall Conference will be held at RockyGap Lodge, on beautiful Lake Habeeb in Rocky Gap StatePark near Cumberland, MD. from Thursday, October 27through Sunday, October 30. MSS is planning excellent pro-grams and a solid seminar lineup including Dennis Mouland.More details will be forthcoming. Come to the mountains fora getaway and join us!

MSS NEWS AND EVENTS

PASSINGSIt is with great sadness that we report the passing of Rich-ard P. Tustin, formerly of S. J. Martenet & Company. Thefollowing is excerpted from his obituary published in theBaltimore Sun from 3/13/2005 - 3/14/2005:

Richard P. Tustin, Sr.

On March 9, 2005, RICHARD P. TUSTIN, SR., former part-ner of S.J. Martenet & Co., of Baltimore, died in Berlin,MD., beloved husband of the late Ruth (nee Johnson);devoted father of Rick (wife Sara), Sue, John (wife Betty);devoted grandfather; dear brother of Alan (wife Isabella)and Mary and the late Howard; preceded in death byparents Howard and Bertha (nee Hayward). Mr. Tustinwas an Army Air Corps Veteran of WW II, POW, Recipi-ent of the Distinguished Flying Cross, Air Medal, PurpleHeart, and other honors. He was known as a gentleman,dearly devoted to God and family. A memorial servicewill be held at Faith Presbyterian Church, 5400 Loch RavenBlvd., Thursday, March 17, 2005 at 1 P.M. A gravesideservice will follow.

RESIGNATIONS ANDAPPOINTMENTS

At the March 2005 Board of Directors meeting, Carlton (Bud)Felty was nominated and elected to fill the vacancy of theposition of Director-at-Large that had been held by John MetteeIII. Governor Ehrlich has appointed Mettee to the State Boardfor Professional Land Surveyors. Most recently Bud representedthe Susquehanna Chapter as Chapter Chair. MSS welcomeshim back to the Board in this new capacity.

Ambrose Gmeiner has resigned as Vice President of MSS.Ambrose has moved to New Jersey, and their gain is our loss.We all wish Ambrose and his family well in the Garden State.At the last Board of Directors meeting, Ron Collier was nomi-nated and unanimously voted into fill the position of VicePresident for the remainder of the term.

Steve Jones was then nominated and unanimously voted intothe office of Director-at-Large left vacant by Ron’s election.Steve leaves the helm of the Potomac Chapter in the steady,capable hands of Tim Quinn, Chapter Vice Chair.







SCHOLARSHIP APPLICATION

Application must be received by August 1

Applicant Name _______________________________________________________________________________________Last First Middle

Mailing Address ________________________________________________________________________________________

City ___________________________________________________________ State ___________ Zip ___________________

Maryland Resident □ Yes □ No Home Phone ______________________ Work Phone _______________________

Fax _______________________________Email ______________________________________________________________

SS # _____________________________________________ Date of Birth ________________________________________

Mail to:Maryland Society of Surveyors

Educational TrustPO Box 686

College Park, MD 20741-0686



MARYLAND SOCIETY OF SURVEYORSSCHOLARSHIP APPLICATION

Employment History

Current Employer _________________________________________________________________________________________

Address __________________________________________________________________________________________________

City _______________________________________________________________ State ___________ Zip ___________________

Date Employed ____________________________________ Position ________________________________________________

Contact __________________________________May we Contact for Reference? ________ Phone No. ___________________

Previous Employer_________________________________________________________________________________________

Address __________________________________________________________________________________________________

City _______________________________________________________________ State ___________ Zip ___________________


ontact ___________________________________May we Contact for Reference? ________ Phone No. ___________________

Previous Employer_________________________________________________________________________________________

Address __________________________________________________________________________________________________

City _______________________________________________________________ State ___________ Zip ___________________


ontact ___________________________________May we Contact for Reference? ________ Phone No. ___________________

Memberships

□ Maryland Society of Surveyors □ ACSM □ NSPS □ Other

□ Certified Survey Technician (CST) □ Level I □ Level II □ Level III □ Level IV


The Maryland SurveyorHigh School

High School Name _________________________________________________________________________________________

Address __________________________________________________________________________________________________

Telephone _________________________________ Teacher Advisor ________________________________________________

Curricula ______________________________________ Scholastic Standing ________________ GPA ___________________

Year Graduated ____________________________________________________________________________________________

College/Post Secondary (Certified Transcripts must be mailed to MSSET By The College)

Name/Program/Department _________________________________________________________________________________

Address __________________________________________________________________________________________________

Telephone _________________________________ Teacher Advisor ________________________________________________

Curricula __________________________________________________ □ Full Time (Min. 12 Semester hours) □ Part Time

Major or Field of Study _______________________ Current Degree ________________________________________________

Academic Class: □ Freshman □ Sophomore □ Junior □ Graduate Tentative Graduation Date __________________

Current Grade Point Average (Base on 4.0=A) _____________________ as of (date) _______________________________

List of Courses for which scholarship would be used:

_________________________________________________ _________________________________________________

_________________________________________________ _________________________________________________

_________________________________________________ _________________________________________________

List any scholarship, fellowship, or tuition and fee waiver which you will receive during the academic year:(Amount and Award)

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

References/Mentor:

Name ____________________________________________ Telephone ________________________________________

Address ___________________________________________________________________________________________________

Name ____________________________________________ Telephone ________________________________________

Address ___________________________________________________________________________________________________

Name ____________________________________________ Telephone ________________________________________

Address ___________________________________________________________________________________________________



Essay:What are your educational and career goals? Are there factors which make you particularly deserving of support?(Please try to limit to one sheet)

The Maryland Society of Surveyors Educational Trust anticipates that the sole use of the scholarshipwill be for tuition payment. However, in some instances, subject to approval of the MSSET Boardof Trustees, funds may be used for education-related expenses such as text books, required equipmentand lab fees. If you anticipate using the scholarship for other than tuition, please list such uses alongwith a brief explanation:

I understand that the Maryland Society of Surveyors Educational Trust requires that the sole use ofthe scholarship will be for tuition payment unless the MSSET Board of Trustees approves in writinguse of the funds for specific education-related expenses. I hereby certify that, if selected I will usethe scholarship solely for tuition payment or specific education-related expenses approved in writingby the MSSET Board of Trustees and agree to provide verification of the same upon request. Iunderstand that failure to comply with this requirement will result in loss of the scholarship and agreeto repay all amounts disbursed to me prior to such noncompliance. I further certify that all informationcontained within this application is complete and accurate.

________________________________________ ________________________________________Witness Applicant

________________________________________ ________________________________________Date Date



CHESTERTOWN – It was a birthday party, a holiday and astate milestone all rolled into one.

Chestertown resident Bill Nuttle, who was ceremoniouslyaddressed as “the Norman Rockwell of the survey industry.”was thrown a surprise 80th birthday party in the Kent CountyCourthouse on St. Patrick’s Day. On the same day, MarylandState Archivist Edward C. Papenfuse introduced file MSA-SCNo. 5593, a special collection of Nuttle’s more than 45 yearsof survey work.

Nuttle, who officially retired at the end 2004, is the first landsurveyor to have his records collected in the Maryland StateArchives. They are available for public access on the Mary-land Plato Automated System. Nuttle’s work – 3645 projectfiles of several pages each and 1150 oversized plats – repre-sents “one of the finest, most carefully kept records,” saidPapenfuse, who participated in the surprise party that washeld in the circuit courtroom.

Escorted by his wide Susie, Nuttle entered the courtroomto the chorus of “surprise” from a collection of friends,

NUTTLE HAILED ASSURVEYORS’ ROCKWELL

By: Trisha McGee, Associate Editor of the KENT COUNTY NEWS

attorneys, title clerks and most of the surveyors in Kent. “Weare here to recognize the contributions of William Nuttle tothe land surveying profession of this county,” said Circuit JudgeJ. Frederick Price, who detoured from courtroom etiquetteand allowed photographs to be taken.

Price then joined in as the group sang “Happy Birthday” toNuttle, whose birthday is March 17.

Clerk of Circuit Clerk Mark L. Mumford, the unofficial emceeof the event, spoke of the respect and affection he held forNuttle. “I’m in awe of how exact and perfect every file is inhis office,” said Mumford. Nuttle was clearly overwhelmed,and said so. “It’s been a pleasure living in Kent County andworking with the people here, especially the staff in the court-house,” he said. “I don’t know what else to say. Generally,I’m not at a loss for words.”

Surveyors Jim Luff and Bill Carroll spoke warmly of Nuttle, asa friend and mentor. Luff recalled that he was a raw traineefresh from the University of Maryland when he began work-ing side-by-side with Nuttle in the McCrone office that wasthen located inside the Imperial Hotel. That was 41 years ago,said Luff, “and I learned lot.” Carroll applauded Nuttle’s deci-sion to place his files in the State Archives, instead of sellingor destroying them as other surveyors have done. By digitiz-ing the files, Nuttle’s legacy is ensured.

“During a tenure where computed-aided drafting hasbecome a surveyor’s staple, Bill continued to draw his plansand sketches by hand. I have yet to see a computer-drawnplat match the character or clarity of those which he hadpenned himself,” said Carroll. “For this reason, I have oftenconsidered Bill Nuttle to be the Norman Rockwell of thesurvey industry.”

Editors Note: This story is reprinted here with the permission ofthe KENT COUNTY NEWS, where it ran on April 07, 2005.

Photo by Trisha McGee of the Kent County News

Bill Nuttle, on the occasion of his 80th birthday, blows out thecandles on one of two cakes March 17. After formal recogni-tion in the circuit courtroom, the party moved to the landrecords room. Among the well-wishers was attorney ErnestCookerly (right). Standing behind Nuttle is his wife, Susie.



SURVEYOR-ATTORNEY JIM DEMMAThe man who unraveled the mysteries – then taught us all…

By: Chas Langelan

L ike many accomplished individuals, Jim Demma looksback these days, on a remarkable career filled with eventsand achievement, and wonders quietly – what part the Handof Fate might have played in it all.

For instance – what if there had never been that Summerof Golden Youth in the mountains of Idaho…whence itall began?

PAYETTE NATIONAL FOREST…Early June of ’58 found a lone teenager far from home, hitch-hiking across America – 18-year old Jim Demma. He set outthe day after graduating from Montgomery County’s new WalterJohnson High School – in their first graduating class – thumb-ing his way west across the country, from Maryland to far-offPayette National Forest in the Idaho Rockies. Demma and ahigh-school buddy had lined up summer jobs there as “assis-tant foresters” with the U.S. Forest Service – “No experiencerequired.”

From June to September, that summer of ’58, young Demmaand his work-crew fought forest fires, cleared scrub growth,thinned and topped tall trees, bushed trails, planted new tim-ber – an endless whirl of hard-working outdoor activity.Demma, to this day, fondly recalls the whole experience as‘the greatest summer of my life.”

Much more importantly, though, all that summer long whilelaboring and learning in those mountains, young JimDemma also quietly watched – and grew ever more impressedby – Payette’s U.S. Forest survey crew.

“They were a free and indepen-dent bunch,” remembers Demma.“It seemed they all had Gypsyblood. Like our crew, they workedhard, were outdoors all the time– but unlike us, they weren’t justlaborers. They were men of sci-ence as well. They used theirminds on the job, working math-ematical equations, usingtrigonometry, carefully operatinginstruments, applying science toreal-world problems.

“Watching them, I began to think– now that would be a really neatjob to have…”

18-year old “assistant-for-ester” Jim Demma in themountains of Idaho, 1958.

Jim Demma’s U.S. Forest Service crew of almost 50-years ago,during a momentary pause on a mountain trail, deep withinPayette National Forest of Idaho.

At summer’s end that year, September ’58 found young JimDemma hitch-hiking again – from Idaho back east this time,to college. “Everybody hitch-hiked in those days,” says Demma,recalling the vanished America of his youth. “Teenagers hadno money or cars. Drivers were happy to give you a lift.”

When he entered the University of Maryland at College Parkthat fall, with an eye toward possibly majoring in civil engi-neering, the first thing new freshman Demma did was hit thecollege library – and look up books about surveying…

SANTA CLAUS FOR THEBURGUNDY AND GOLD…

Growing up in 1940s and 50s Washington, D.C. (a rare nativeWashingtonian), young Jim Demma never had the slightestexposure to land surveying, before Idaho. No Demma familymember was a surveyor. But the youngster showed real apti-tude at math, in the city’s splendid school system of that era.“I was never afraid of math,” says Demma, “like so manypeople are. It never intimidated me. I would just keep askingquestions and working problems until I got it.”

His talented parents, Charlie and Dora Demma, ran a populardance studio at 1803 Connecticut Avenue in Washington. Itwas Jim’s childhood home – the family lived on the secondfloor. “D.C. in those days was the greatest, most enjoyableplace to live and grow up. It had the best schools, parks,transportation network, the best shopping, the best entertain-ment. Everything about it was truly first-class.”

Memorable dad Charlie Demma was a born showman whoknew everybody. In his professional career he appeared on



the Broadway stage,and danced with inimi-table Ginger Rogers inthe movies.

hung on for dear life and “went for the ride,” finishing outthat year’s halftime appearance to the crowd’s enthusiasticapplause, all of them sublimely unaware it hadn’t been partof the act.

THOMAS G. OYSTER AND ASSOCIATES…In June ’59, with his first year of college wrapped up (andmemories of Idaho vivid still), 19-year old Jim Demma wentlooking for a summer job – as a surveyor, nothing else. Thefirst place he checked was Dick Fowler in Rockville (whoactively still practices to this day). Alas, Fowler had no open-ings, but suggested, “Why don’t you go down to WheatonTriangle? I’ll bet Tom Oyster can use some help.” Demmawent straightaway there.

Editor’s note: Anywhere following in this story that yousee this symbol (*) some “colorful” word or phrase hasbeen replaced by a euphemism.

He got a brusque reception…

Irascible, profane Gifford Dye, Oyster’s field-coordinator, didn’teven let him fill out an application. “Nope! Don’t need any-body!” Quickly, Demma was shown the door.

Next day, undaunted, the teenager went back and tried again.This time the reaction was explosive. “JEEPERS, CREEPERS*BOY! Weren’t you here yesterday? I thought I told you NO!Get the HECK* out of here!”

To this day, Demma cannot explain why he persevered in theface of such fearsome rejection. “I was persistent,” he says. “Iwanted the job.” On Demma’s third try, for reasons that willnever be known, mercurial Gifford Dye relented. “Be here inthe morning. Early! Bring yer boots,” were his welcomingwords into the profession.


Popular, born-show-man Charlie Demma,Jim Demma’s talentedfather, was the Wash-ington Redskins’ an-nual Santa Claus formore than 10-years,making memorablehalftime appearancesat the team’s last homegames before Christ-mas, throughout the1950s and ‘60s.

Santa always made his entrance into the Redskins’ stadiumeach year riding a new and ever more novel mode of trans-portation. Just how he would enter was always the mostclosely-guarded secret in Washington. Here, Santa ClausCharlie Demma floats in aboard a state-of-the-art 1950s“Aeromobile 200,” hovering atop a cushion of air.

“My father was fearless,” says son Jim admiringly. “He wasgame to try anything.” For more than 10 years in 1950s and‘60s, indomitable Charlie Demma was the WashingtonRedskins’ annual Santa Claus, appearing at halftime of theteam’s final home game each year before Christmas. Just howSanta would enter the stadium was always the most closely-kept state secret in Washington, but it was sure to be anever-new and novel mode of propulsion. Charlie Demma rodean elephant, parachuted in, and operated every kind of strangevehicular contraption. “My father didn’t know how to do anyof those things,” says Jim. “Some were extremely dangerous.He could have easily been killed.”

Most frightening of all may have been the year Santa Demmarode in on an elephant. At first glimpse of Santa, the stadiumcrowd erupted with a deafening roar, startling the already-nervous pachyderm completely out of control. The result wasa one-elephant stampede! Santa and giant beast tore aroundthe stadium, both of them terrified. Ever the trouper, but withno idea how to calm the frantic creature, Charlie Demma just

Summer of ’58 – Thomas G. Oyster & Associates, the yearbefore Jim Demma joined – Front row, left to right: FrankColt, Doug Riggs, Jim Hence, Frank Bennett, Gifford Dye,Ken Northrop, Tom Oyster, (next unidentified), Alden Imus,Marty Gallalee, Wayne Greathouse, Frank Iannuci, PhilHendricks, (next two not known), John McGovern and(unidentified). Back row, left to right: Paul Monday, Red Davis,Bill Whitehead, Sid Hoffman, (next four not known), HaroldGrimes, Lee “Pap” Mouldin, (next four unidentitified) andTom Oyster, Jr.



Thus began, in 1959, the survey-ing career of James J. Demma –who, four-and-a-half decadeslater, simply shakes his headabout it all, and musesquietly…“Divine Intervention.”

Demma, ever the scholar, hadbeen studying books about sur-veying to prepare for his bigday. That first morning, whilehelping load the truck (and be-ginning a career-long pattern ofquestioning things), he inno-cently inquired where the “chain”was kept.

“JEEPERS, CREEPERS* BOY! Wedon’t use chains anymore,”snorted a field man in derision,producing an engineer’s tape. Ofhis first moments on the job,Demma’s everlasting memory isopening the truck door – and

“Reverend, may the Good Lord be willing, we’ll be backfirst thing in the morning,” piously answered Dye, with beatificsincerity. Positively beaming, the minister went inside, delighted.

Once in the truck and out of the minister’s hearing, Demmainstantly confronted Dye: “WHAT was that all about, Gif? Younever go to church! You don’t believe in the Lord.”

Famously retorted Gifford Dye, “JEEPERS, CREEPERS* BOY!You gotta know how to talk to those SUNNY BEACHES*!”

Demma never forgot that day. “And you know,” he says witha twinkle, “that was one of the best lessons I ever learned.You really do need to know how to talk to all kinds of people.”

A couple years later, when Demma was being taught to com-pute – it was Dye again: “Boy, learn this number! 1718.87338!”Instinctively, Demma wanted to know why. “JEEPERS,CREEPERS* BOY! Don’t ask questions! Just memorize theGOSHDARN* number!”

Demma went home that night playing around with 1718.87338,and by morning – on his own – had figured out… it was thefactor to calculate deflection angles around a curve.

THE MYSTERIES OFMARYLAND BOUNDARY LAW…

He chuckles today, shaking his head. “Most of what I learnedat Oyster was valuable and correct, but so much of what Iwas taught there about law turned out later to be just plainwrong. Nobody really knew. I was taught that the state andcounties had automatic 40 and 30-foot rights-of-way. Thatwas wrong. I was taught that utility companies had the rightto run their lines down any roadway. That was wrong. All theRecord Plats were worded, “Suits of Action.” That was wrong.It just went on and on. Everybody had learned to survey frominformation handed down verbally over generations. It wasn’tlike today. There were no seminars, no training classes, noconferences. You couldn’t find out anything for sure. It wasall mysterious. And nobody knew how to track down anyactual original sources and look the stuff up.”

M.S.S. did try. From its founding days in the ‘40s, one of theavowed Society goals had been “compiling a book of Statutesand Cases affecting Maryland surveyors.” But never had any-one been found, qualified and willing to do so.

There was also that one-time-only “Pappy Gore Seminar” atCollege Park, put on by M.S.S. in the ‘60s. Old Pappy Gore, along-time P.G. County surveyor who taught survey courses tothe engineering students at Maryland U, was asked by M.S.S.to give a seminar on Boundary Law. All the profession turnedout – including young Demma – enthusiastic to hear the greatguru on this topic. But alas, recalls Demma, “After 20 min-utes, it became clear that Pappy Gore knew even less aboutMaryland boundary law than we did. He couldn’t answer themost basic questions.” It was a troubling session for all. Fi-nally old Pappy Gore just threw up his hands in exasperation.“I don’t know why they asked me to do this. I don’t knowanything about this law stuff!” Demma sadly concurs, “It wasobvious he didn’t.”

DEMMA continued from page 23

Gruff, profane Gifford Dye,field-coordinator at Oyster,who had “every vice” knownto Scripture, twice rejectedteenage job-seeker JimDemma for an entry-levelfield position – proving, forall time, just how wrongan experienced supervisorcan be.

watching bottles clatter out and roll across the parking lot…

“The whole time I was in the field there,” says Demma, “Idon’t believe I was ever once called by my given, Christianname. I was always ‘JEEPERS, CREEPERS* BOY!’”

In September 1959, with summer over and the school year setto begin anew, Tom Oyster offered rookie summer-helperJim Demma a full-time job. “Stay on with us,” he suggested,“and I’ll help pay for your schooling at night.” Demma ac-cepted. For the next nine years, in what can only have been agrueling ordeal, he worked full-time as a land surveyor forOyster – field and office – plus advanced steadily towards hisdegree, at Maryland University every night.

Oyster’s staff was loaded with talented surveyors in thosedays – Oyster himself, John H. McGovern, Frank Colt, SidHoffman, Wayne Greathouse (of later infamy), Frank Bennett,Marty Gallalee, Doug Riggs (both Jr. and III), Ken Northrup –lots of others. It made a young surveyor’s ideal training ground.And then there was Gifford Dye…

“The most profane man I ever knew,” says Demma of him.“He had every vice” known to law or Scripture. “He drank, heswore, he smoked, he blasphemed, he chased women (or atleast bragged about it). We were complete opposites, he andI – yet we got along fine.”

Gifford Dye stories abound from those years. On one memo-rable occasion, Dye and Demma were sent to survey a church.The minister was waiting there to greet them, and all daylong (to Dye’s barely-concealed disgust) he carefully watchedevery step of their work. Toward day’s end, when it cametime to leave, the job was not finished. Anxiously, the minis-ter inquired when they would return.



M.S.S. simply did not have anyone qualified toteach law. That was also obvious.

Practicing in those days was one splendidMontgomery County law firm, workingclosely with Oyster on countless projects– the still-missed Shaffer, McKeever &Fitzpatrick – (a firm that merged out ofexistence in 1981). Demma, like al-most everyone at Oyster, worked withtheir attorneys every day. Over time,Demma came to have the most pro-found professional respect for twoof those men – Barry Fitzpatrick andPat McKeever. “They were the finestlawyers I have ever known. I ad-mired them both so much.”

Studious, inquisitive Jim Demma, mys-tified about the inexplicable vagaries ofMaryland boundary law, but having nomore legal training than his everyday deal-ings with Fitzpatrick and McKeever, beganvery early trying to research case law andstatutes in his spare time… a young blue-jeaned survey technician working on his own– struggling to chip away at the mysteries.

He came face-to-face with the vastness oflaw, and all that was unknown to the surveying professionof that day… and he began to think about going to lawschool.

COLLEGE DEGREE AT LAST…The day came, in September 1966, when finally he had amassedenough college credits – and savings – to actually go live oncampus as a Senior. Demma quit Oyster and went full-time toMaryland University, for one magical year that he still recallsas “the greatest of my life. To be a Senior, living on campus atCollege Park, was the most amazing, unforgettable experi-ence, that can never be equaled. Nobody who hasn’t done itcan ever understand.”

Amongst the graduating Seniors at College Park that June wasone James J. Demma – Bachelor of Arts, Maryland, Class of’67. It had taken nine years.

Back at Oyster, he spent the whole summer of ’67 in the field.New college degree or not, he had to earn his way back intothe office after a year away. That September, Rod Hansonorganized the First M.S.S. Convention – hurricane-swept ’67at Ocean City’s Carousel. In attendance, paid for by Oyster,was Jim Demma.

It was, in fact, good Tom Oyster who gave the world – andMaryland surveyors – James J. Demma, Esquire. “He paid formy entire college education,” says Demma. “All he requiredwas that I pass the courses.” Tom Oyster put a kid throughcollege – and Demma wasn’t even his kid. How many em-ployers today would do that?


Lo, these many years later, Thomas G. Oyster –man of quiet majestic dignity, Honorary

Member who did so much – is still unfail-ingly “Mr. Oyster,” to an always respectful,

grateful Jim Demma.

“Somehow, I think he just knew,” saysDemma, musing again about Divine In-tervention and life’s mysteries. “Mr.Oyster just knew, that I wanted tocarry it further.” In some inner way,Tom Oyster sensed that his erstwhileyoung surveyor – Jim Demma –could finally be the one… who mightunravel the mysteries.

LAW SCHOOL!29-year old survey-computer Jim

Demma entered University of Mary-land School of Law – then as now

overlooking the tomb of Edgar Allen Poeon Fayette Street, Baltimore – in Septem-

ber 1968. Law school at night! Therefollowed the most desperately-driven fouryears of his life, working full-time for Oysterduring the days, commuting to Baltimoreeach night. He was married by then, too,with a young family.

Of that whole period, Demma recalls, “All I did or thoughtabout was job and study. I didn’t have time to relax, Ididn’t have time to enjoy, I didn’t have time for anythingbut school and work. I missed the entire Vietnam War. MaybeI might have heard about a war, but there wasn’t a split-second to catch the news, glance at a paper. Those fouryears are ‘lost.’ I can’t tell you a single thing that went on inthe world.”

“I didn’t even have time to eat,” remembers Demma. Literally– supper most nights would be a bag of snacks in the car – onthe road to Baltimore.

Oh, but was it ever worth it! “I got the most outstanding,brilliant education there,” he says. “I learned so much. Everyprofessor was top-notch. I couldn’t wait to get back to classeach night.” It was contracts law, business law, constitutionallaw, tax law, international law, torts, statutory law, case law,moot court… everything.

The entire vast field of American Boundary Law – to whichland surveyors devote their entire lives trying to master – wascovered in a single 3-hour evening lecture, so demandingwas the pace at University of Maryland School of Law.

As if going to law school and working full-time weren’t enoughof a challenge, right at the height of his most intense studies,Jim Demma decided to try for his surveyor’s license! He ap-plied to the Maryland Board and was accepted for the October1970 exam. Engineer John Jones helped him with storm drainand roads.

Survey computer Jim Demma, soonafter his hard-earned graduation fromthe University of Maryland at CollegePark – on the eve of entering law school– in 1968.





12-years after being unceremoniously bounced out the doorby Gifford Dye, “JEEPERS, CREEPERS* BOY” passed on hisfirst try – Maryland Professional Land Surveyor 7695.

(The Maryland Licensing Board, not many years later, wouldask Jim Demma to write the state surveyors’ exams – which,to this day, he still does.)

BAR EXAM…Demma clearly remember the exact date – glorious 13th ofJune, ’72 – he graduated from University of Maryland Schoolof Law. The state’s Bar Exam is given each July. His wife andtwo children packed up and went off on vacation to Florida –so he could study, study, study, study! That July, 1972, hetook the much-dreaded Maryland Bar Exam.

Results of the exam are never given out for months. Everyyoung law student, waiting, goes through interminable ago-nies. It’s a rite of passage. Demma, desperate to know, wouldfollow his mailman around the neighborhood. Finally, oneday in November, came the awaited letter…

PASS!Next day on the job, a euphoric Jim Demma ran into hismuch-admired acquaintance, attorney Barry Fitzpatrick, at thecourthouse. “Hi, Barry! I passed the Bar Exam!” exultedDemma. Fitzpatrick’s reply… “Congratulations! I didn’t knowyou were going to law school.”

Demma retreated, crushed to his soul. “How is it possible,”he thought, “that Barry, whom I have admired for so long,

and worked with so closely, didn’t even know I was going tolaw school?”

Next morning, Barry Fitzpatrick called – to offer Demma ajob…

ATTORNEY JIM DEMMA…“Attorney for Shaffer, Fitzpatrick & McKeever – that was theonly job on earth I would ever have left Oyster for,” saysDemma. He gave his beloved old boss, Tom Oyster, who hadmade it all possible, 3-full months notice, and when he left,every project on his desk was either completed or in tip-topshape. February 2, 1973 the law career of James J. Demma,Esquire, began.

Assigned to the team of leading ‘name-partner’ Charles NormanShaffer, Demma got no transition period whatsoever to learnthe law firm’s ‘ropes.’ Highly-respected Shaffer, almost at thatvery moment, suddenly and quite unexpectedly found him-self immersed in the white-hot Watergate Scandal – as attorneyfor John Dean! Green young lawyer Jim Demma, fresh out oflaw school, brand-new on the job, had to take over Shaffer’sother cases. His baptism of fire – First Trial . . . defending aman with multiple criminal charges – came almost immedi-ately, in Frederick. He won it. Lots of others followed rapidly.Jim Demma was practicing law.

Of his entire, almost pre-ordained, career change from sur-veyor to attorney, Demma just says today, “DivineIntervention… it’s the only explanation.”

LAW PROFESSOR FOR M.S.S.10-months after passing his Bar, fledgling attorney Jim Demmaanswered the Maryland Society of Surveyors’ 25-year oldprayer, and began teaching Maryland Boundary Law to sur-veyors. His first course was in 1974, for the old M.S.S.night-school training program. Into that classroom of his –and all the other nighttime classrooms that followed over thenext 30-years – came the blue-jeaned young surveyors of Mary-land, to learn their law… future leaders of their profession ingenerations hence.

The following spring, 1975, at a Frederick Community Col-lege so new and unfinished its entire campus boasted a singlebuilding, awash in a sea of construction mud, Jim Demmagave the first comprehensive 8-hour seminar on MarylandBoundary Law ever hosted by M.S.S. As with old Pappy Gore,the whole profession came out to hear – and this time allwent home profoundly impressed. Point by point, mystery bymystery, Demma explained what the law really said. Neverbefore had the surveyors of Maryland experienced such depthof legal scholarship on their behalf, such a wealth of informa-tion, so expertly presented. That session, Demma’s first, setthe all-time M.S.S. record, to this day, for attendance at asingle seminar – a truly remarkable 235, more than the entiremembership at the time.

It was but the first of countless Jim Demma seminars for M.S.S.,all hugely successful, that continue to be given.


DEMMA continued from page 25

Thomas G. Oyster (right), here receiving Surveyor of the YearAward from Rodney Hanson (left) in 1973, gave to Maryland’ssurveyors James J. Demma, Esquire – by paying for his youngemployee’s entire college education.



Nor was that all. Attorney Demma began working on anotherM.S.S. dream from the Society’s earliest days – a book compil-ing all the Statutory Laws affecting Maryland surveyors. Noone previously had ever known how to do it. With greathelp and support from then-president J. Carroll Hagan andexecutive director Jim Otradovic, his “Blue Book,” first of itskind, was published by M.S.S. in 1982. Inside, Demma’s BlueBook was filled with laws of all description, affecting survey-ors – most of whom were blissfully unfamiliar with the vastmajority of its contents.

For this prodigious achievement, sought by the Society morethan 35-years, Jim Demma was honored as Maryland’s 1982Surveyor of the Year – by an eternally grateful M.S.S. Neverwas our highest award more deserved.

COUNSEL FOR M.S.S.Prolific contributions continued. Demma’s Tan Book wascompleted in 1990 – an extensive update – then in year 2000came the Green Book (so named because of all the newenvironmental laws it contained). Prior to Demma, M.S.S. hadno law book whatsoever for surveyors. He gave us three.

Both the Society and the Board of Registration came tovalue his advice. As (volunteer) Legal Counsel for M.S.S. overdecades, Demma has been a key participant in everycontroversial issue the Society has faced – Property LineLicense, Minimum Standards, continuing education, Statutesof Repose, Rights-of-Entry. Always he brings his training,experience and intellect.

Because of his surveying background and special expertise,Jim Demma finds himself involved in almost every importantMaryland case on boundaries and ownership. He’s wonsome big ones.

Surveyors come to Demma for help all the time. He drew upthe incorporation papers for the new D.C. Association. He

DEMMA continued from page 27 writes articles for Marc Cheves’ American Surveyor magazine(and has provided dozens for M.S.S.). He’s taught surveyorsthe law for 30-straight years. It’s hard to find a surveyor Demmahasn’t helped.

Had Gifford Dye continued to furiously reject him, as a teen-ager summer job-seeker way back in ’59, Demma might neverhave become a surveyor at all. It’s scary to think how muchthe poorer our profession would be.

FIDDLE PLAYERFOR THE SUPREME COURT…

Few among us even know of Jim Demma’s other passions.An accomplished violinist since childhood, he leads an all-attorney string quartet, the “Solicitor Strings,” playing forweddings and other events. Once a year, the group entertainsthe U.S. Supreme Court.

Demma speaks “enough French to get by,” disappearing offto Paris regularly, where he passes unquestioned as a French-man. A secret ‘retirement dream’ of his is to perform as aGypsy street musician, playing violin for tips in the streetsand subways of Paris. (Talk about the ultimate career change!)Actually, he’s already done it. There is a photograph…

An avid bicyclist, Demma rides hundreds of miles each year.He’s done Silver Spring to Ocean City twice, Washington tothe Shenandoah Valley. He’s bicycled the streets of Paris (“Lesrue de Paris”). Who but Jim Demma – for an intellectual andphysical challenge – would pull ancient Maryland Land Pat-ents from the Hall of Records, Annapolis, then set off, onbicycle, searching for any still-visible traces of their originaloutlines? And he finds them!

Young Demma ran track, in high school and college, a lithequarter-miler who won the Maryland state meet. He held anumber of American records in the 800 meters at one time. Inhis 30s, he competed at Madison Square Garden, the PennRelays, the premier U.S. track meets. Sighs Demma, “Thosewere the days…”

Upon publication of his “Tan Book” in 1990, a grateful M.S.S.honored Jim Demma with this antique surveying instrument,presented by then-president Bill Higgs (left).

Jim Demma leads an all-attorney string quartet, the “SolicitorStrings,” who play for weddings and other local bookings. Oncea year, the group entertains the United States Supreme Court.



In recent years, he’s taken to hiking the Appalachian Trail –more than 150-miles of it so far. How is it humanly possiblefor one person to accomplish all this?

CROWNED WITH SUCCESS…In October 2004, at our M.S.S. banquet in Ocean City, JimDemma was asked to present the Society’s Russ LowmanAward, given annually for service in the cause of surveyingeducation. He came with laudatory remarks all prepared, tohonor the worthy recipient. But he never got a chance. At thelast possible moment, in a carefully planned sudden twist,Vince Burke took the microphone – and presented the Society’saward to a stunned Jim Demma. For perhaps the first time inhis life, Demma was rendered speechless.

But who has done more, over decades, to advance the knowl-edge of Maryland’s surveyors, than good Jim Demma?

Every surveyor Demma has ever taught – or counseled – hascome away his friend and admirer. For all his “surveyor bud-dies,” the office door is always open. Many have taken hissemester-long Maryland Boundary Law course more than once.Always, it is better… he keeps improving it.

These days, from his top-floor law office, high overlookingRockville, Jim Demma can gaze out and see the first parcel heever surveyed, decades ago as a young field man. Memoriesof incorrigible Gifford Dye, and the many others, come flood-ing back. He has so surpassed his mentors.

Well… most of his mentors. “Not Mr. Oyster,” corrects Demma,accurately. His very demeanor and character today are a re-flection of his former employer.

Mary Riley, his peerless legal secretary of more than threedecades, retired in October. Demma’s own career is now inits 46th year… enough for most men. It’s been a careercrowned with success and achievement, living proof thatone man can still make a difference. He credits Divine Inter-vention for all.

Jim Demma is going to retire, one day soon… perhaps,with Gypsy violin in hand, disappearing down some ancientsunlit Rue de Paris. When he is gone, we shall see no morelike him. But… as he did with Oyster so many decadesago, he will leave us with his work all complete, his tasks intip-top shape.

Unraveled are the mysteries – and he has taught us all.

(M.S.S. past-president and surveyor of the year Chas Langelan was astudent in Jim Demma’s first-ever Maryland Boundary Law course,given for the old M.S.S. Night School Training Program – in 1974.)

In 2003, for the first time since ’58, Jim Demma returned toPayette National Forest in the mountains of Idaho, where hisinterest in land surveying first took hold. Everything there stillremained, he says, “exactly as we left it,” 45-years ago.

Jim Demma has long claimedto be, “the only surveyor inM.S.S. who does NOT drinkbeer.” May it please the Court,Your Honor, the Society wishesto enter as evidence this pho-tograph, taken at an M.S.S.meeting in the 1980s…

Much-admired law mentor,attorney Barry Fitzpatrick,with Jim Demma’s legal secre-tary of 32-years, Mary Riley, atChristmas 2004.

Jim Demma on the Appalachian Trail.



WASHINGTONS’ FIRST VISIT TO CUMBERLANDWAS AS A SURVEYOR

By: Howard Buchanan

Editor’s note: This is the first part of a six part series that reviews the visits of George Washington to Fort Cumberland, writtenby Cumberland resident Howard Buchanan for the CUMBERLAND TIMES-NEWS and reprinted here with their permission.

The author, Howard Buchanan, looks up at a monument inWinchester, Va., of 16-year-old George Washington with asurveyor’s compass. (Photo courtesy of Howard Buchanan)

George Washington first came to present-day AlleganyCounty in 1748 as a member of a survey party commissionedby Thomas Fairfax, proprietor of land that extended from theChesapeake Bay to the headwaters of the Potomac River andits South Branch.

The settlers who were starting to move into this area – andFairfax – wanted to be assured of the exact location of theirproperty and the validity of their deeds.

Washington, 16 years old, had already developed an interestin surveying and saw this as an opportunity to expand hisproficiency and move closer to being certified in a field thatcould provide a satisfactory livelihood. He was living at MountVernon with his half brother Lawrence and his wife, the formerAnn Fairfax, daughter of Col. William Fairfax. The Fairfax plan-tation, “Belvoir” (now Fort Belvoir, Va.), was located next toMount Vernon.

The Washington and Fairfax families had developed closefamily and social ties, which provided Washington with thisconnection and his opportunity of joining the survey party.He also had developed a warm friendship with George Will-iam Fairfax, who was to serve as agent of his father, William,and leader of the expedition. Also included on the expeditionwas a qualified surveyor, James Genn, and two chairmen,Henry Ashby and Richard Taylor.

The expedition was launched March 11, 1748, and coveredabout 40 miles on the first day, then on to the ShenandoahRiver on the 12th. On the 13th, he rode only about four milesup the river and commented in his dairy about the beauty ofthe land, its richness and the magnificent foliage.

On the 14th the first survey was made. This was land ownedby a Capt. Pennington. Again Washington was impressed bythe land “exceeding rich and fertile all the way produces anabundance of grain hemp, tobacco, etc.” He spent severaldays there. He also reported that the other members of thesurvey party slept outside in spite of the rain and that he hadfound shelter and a “thread bear” blanket.

However it developed that the “blanket was double its weightof vermin such as lice, fleas, etc.” There was little sleep thatnight and Washington “chusing rather to sleep in the open airbefore a fire.”

On the 16th, work was finished at Pennington and the partymade its way to Frederick Town (Winchester after 1752). They



cleaned up “to get rid of the game we had catched the nightbefore,” walked the new town, had a good dinner and foundgood featherbeds with clean sheets. Rain fell on the 17th, butthey did make another 25 miles from Winchester to a MajorCampbell’s, where they spent the night. On the 18th, theytraveled to Thomas Barwick’s on the Potomac northwest ofWinchester.

The river was too high to ford, so they remained at Barwick’suntil March 21. This was near Berkeley Springs. On the 21st,they crossed the river and traveled on to Col. Thomas Cresap’ssettlement at Oldtown. On this occasion, Washington wouldhave met Michael Cresap, 6 years old, who would grow to beleader of the Western Maryland Company of sharpshootersand who would meet Washington again at Cambridge, Mass.,when Washington assumed command of the Continental Armyin 1775.

The men left Cresap’s on the 25th for the mouth of Patterson’sCreek about 8 miles upstream. They followed the creek about15 miles to Abraham Johnstone’s. This visit is noted by a roadmarker on W.Va. Route 46. On the 26th, they traveled on toSoloman Hedge’s. At this point, Washington writes of travel-ing to the “Branch” (South Branch of Potomac) to “Mr. JamesRutlidge, Horse Jockey, about 70 miles from the Mouth.”

The surveyors must have crossed in the vicinity of Old Fields,where the head water of Patterson Creek and the South Branchare very close. On the 29th, they surveyed 500 acres and metMr. Michael Stump, whose descendants still inhabit the SouthBranch valley. Also, they shot two turkeys!

On April 2, the campfire ignited a straw bed and “catchedafire.”

“Tent carried away by winds. Surveyed two more lots. MetDutch settlers. The VanMeters. Also met a Peter Casey. Sur-veyed lots through the week. Diet was mostly turkey.”

Washington also spoke about the “trough.” Those of us whohave spent time on the South Branch would agree with hisdescription. Since the survey party was engaged surveyingthe land along the river, they had to take the land route be-hind the mountain along the trough. April 8 was the last dayof work for the survey party. Departing the Romney area, theparty headed east for home.

Washington gained much from this experience. Not only thesurveyor’s skill, taught by Mr. Germ, which won him certifica-tion from the College of William and Mary and launched himin a very lucrative career (much of Alexandria, Va., was sur-veyed by Washington), but how to survive in the wilderness.

series continues on page 33





Having completed the challenging and circuitous valleysof the Potomac, Shenandoah, Patterson Creek and SouthBranch rivers, George Washington returned to Mount Vernon.

The experience of surveying the Fairfax properties along theserivers not only furthered the professional skills of this youngAmerican, but had taught him something far more valuable -how to survive the wilderness. The survey trip required learn-ing how to live off the land; to swim a horse through astorm-swollen river; to sleep under the stars or a freezingdownpour; or to drop a deer or a turkey for his sustenance.

Gov. Robert Dinwiddie of Virginia had appointed Washing-ton, now in his early 20s, to the rank of major in the Virginiamilitia, with an assignment to the western region of the colonyof Virginia. The controversy had begun between England andFrance over the claim of ownership and control of the largepart of North America drained by the Mississippi and its tribu-taries, including the Ohio, Allegheny and Monongahela rivers.The governor selected the most qualified officer at his com-mand, Washington, with a message ordering the French toabandon their claim to the disputed territory.

Washington was a natural for the task – strong, knowledge-able in the ways of the wilderness, an excellent horsemanand a major in the governor’s militia.

Washington, in October 1753, set out from Williamsburg, Va.,for Wills Creek. Here he was to join with Christopher Gist, afrontiersman and guide, and four other servitors (baggagehandlers). Also included in the mission was Jacob Van Braan,a Dutch soldier of fortune who spoke French and would serveas interpreter.

Orders were to find the French commandant of the encroach-ing French army and to place in his hand the order forabandonment.

The several weeks through Western Maryland and Pennsylva-nia were through downpouring rain, snow and cold. Afterthree weeks the party arrived at the cabin of John Frazier,

who several years later married Jane and settled near FortCumberland on Oldtown Road.

Frazier directed them to the forks of the Monongahela andthe Allegheny River and then down stream on the Ohio about14 miles to an Indian settlement where additional informationabout the location of the French could be found. Washingtonproceeded to the forks, where he noted in his report, latersubmitted to Dinwiddie, that the land between the rivers wouldbe an excellent site for a fort.

WASHINGTON, NOW A MAJOR, TAKES MESSAGETO THE FRENCH GOVERNOR OF VIRGINIA WANTS

ENCROACHING ARMY TO BACK OFF

By: Howard Buchanan

Editor’s note: This is the second in a six part series that reviews the visits of George Washington to Fort Cumberland, written byCumberland resident Howard Buchanan for the CUMBERLAND TIMES-NEWS and reprinted here with their permission.

Frontiersman and guide Christopher Gist and Maj. GeorgeWashington cross the Allegheny River on a log raft in this re-production of a painting. (Photo courtesy of Howard Buchanan)




Finding friendly Indians at Loggstown, directions were re-ceived and the party was led to French Creek in northwesternPennsylvania to a French outpost, which had been built byFrazier and now taken by the French. From there Washingtonand his men were directed by the French officers to FortLeBeouf, Legadieur St. Piere. The commandant was politeand possessed of the demeanor of a professional French of-ficer. He delayed receiving and responding to Dinwiddie’sletter until he had time to confer with another officer. Wash-ington had an opportunity to reconnoiter the Fort Le Boeuffacility, counting personnel, canoes, Indians and armament.

On the 15th of December, the French commandant preparedhis response for the Virginia governor, denying to Englishclaim of proprietorship. His authority and responsibility wasto the governor of New France (Canada), Gov. Duquesne,and not to the governor of an English colony. Receiving thisresponse, Washington began his return trip.

The weather had turned bitterly cold and snow fell constantly,making the progress down French Creek almost impossible.To the distress of the Virginians, the French and their Indianallies constantly worked at enticing Washington’s Indian guidesaway with gifts of whiskey and guns. After five days on FrenchCreek dodging rocks and rapids and fording loaded canoesthrough the snow and rocky shores for a quarter-mile, thegroup began its return.

Now passing overland, the horses too weak and feeble andthe baggage too heavy, Washington ordered that the horsesbe used for carrying only those supplies necessary for thereturn trip and that he and the others must walk.

On the 26th day of December, Washington sent Van Braanand the servitors on a separate trail with the bulk of suppliesand money and to find accommodations. He and Gist wouldcross through the woods as quickly as possible without theencumbrance of exhausted horses and worn-out servitors.

Washington and Gist set out through the snow and ice for theriver (Allegheny), which was to be their next challengingobstacle. They had reduced their belongings to the minimum,backpacks, guns, papers and provisions, and tied up in matchcoats, the warmest and least restrictive attire of the woods,they worked their way onward.

On the 26th of December, they passed a place calledMurderingtown on their way to Shanapins, a village just up-stream from the forks. They were stopped by a party of FrenchIndians who had laid in wait for them. One fired at Gist orWashington at a distance of 15 steps and missed. The soldierand frontiersman overpowered the attacker, disarmed him andsent him on his way. The others had fled.

Hoping to elude the rest of the hostile Indians, they contin-ued on to the river, hoping that it would be sufficiently frozento cross. The edges were frozen on both sides for about 50yards. The center was swollen by a recently broken ice jamupstream and filled with ice floes.

Having saved one hatchet, they worked one full day buildinga raft. They launched it, poled it midstream, and as Washing-ton attempted to fend off the ice floes, his pole slipped off theice, throwing him off balance and into the freezing river. Withthe help of Gist, he was able to reach the raft. With the ex-treme current and ice, neither shore could be reached.However, the raft was drifting toward an island and whenclose enough, they abandoned the raft and waded ashore.Washington reported that the “cold was extreme severe, thatMr. Gist got all his fingers and some toes froze.”

The next morning they found the river to the east of theisland frozen solid so they could walk to the shore and on toFrazier’s cabin. Frazier provided the two adventurers withhorses, and on Jan. 1, 1754, they set out for Wills Creek andthen on to Williamsburg to deliver the response of the Frenchcommandant to Dinwiddie.

The details of this episode were taken directly from the reportthat Washington made to the governor and House of Bur-gesses. It was corroborated by a separate and independentreport by Gist.

To be continued…

This portrait by Charles Wilson Peale shows George Washing-ton as a Virginia militia lieutenant colonel. (Image courtesy of

Howard Buchanan)

WASHINGTON continued from page 33


The Maryland SurveyorMaryland Society of Surveyors

Membership Application

Return this application and the appropriate dues payment to:Maryland Society of SurveyorsPO Box 101, Cream Ridge, NJ 08514-0101Phone: 1-800-303-6770 • Fax: 888-475-1858 • E-Mail: [email protected]

Membership Categories:Please check the appropriateMembership Category. Membershipyear runs from October 1 throughSeptember 30. After March 1,half-year rates apply

❑ Regular Member(annual dues $180)A licensed professional or propertyline surveyor living and/or workingin Maryland.

❑ Associate Member(annual dues $65)Persons engaged in surveying,engineering or related work or astudent enrolled in a surveying orrelated curriculum.

❑ Affiliate Member(annual dues $180)Firms engaged in the manufacture ordistribution of surveying instrumentsand supplies or firms providing supportservices to land surveyors.

❑ Corresponding Member(annual dues $65)Any person residing and working outsideof Maryland who wishes to receivecopies of MSS publications.

ChapterPreference(s):Please check all that apply.❑ Appalachian

❑ Baltimore

❑ Carroll

❑ Chesapeake

❑ Howard

❑ Lower Eastern Shore

❑ Potomac

❑ Southern

❑ Susquehanna

❑ Upper Eastern Shore

❑ Western

Contact Information:I prefer to receive MSS publications and correspondence at my ❑ business address❑ home address. (Indicate preferred mailing address.)

Name ______________________________________________________________________________________________

❑ Prof. L.S. ❑ Prop. L.S. Number ___________________________________________________________________

Firm _______________________________________________________________________________________________

Position ____________________________________________________________________________________________

Spouse’s Name _____________________________________________________________________________________

Previous Member? ❑ Yes ❑ No

❑ Business Address _________________________________________________________________________________

Business City/State/Zip+4 ___________________________________________________________________________

Business Phone ____________________________________________________________________________________

Business Fax _______________________________________________________________________________________

Business E-mail ____________________________________________________________________________________

❑ Home Address ___________________________________________________________________________________

Home City/State/Zip+4 _____________________________________________________________________________

Home Phone _______________________________________________________________________________________

Home Fax _________________________________________________________________________________________

Home E-mail ______________________________________________________________________________________

Certification:I hereby certify that the above information is correct. I hereby agree to abide bythe Constitution and the Bylaws of the Maryland Society of Surveyors, Inc., and tohonor my commitment of annual membership dues.

Signature ______________________________________________________________ Date ______________________

Method of Payment

❑ Check or Money Order ❑ AMEX ❑ VISA ❑ MasterCard ❑ Discoverq (payable to MSS) ____________________

Total $ _____________________________________________________________________________________________

Credit Card Account# _______________________________________________________________________________

Name appearing on card ____________________________________________________________________________

Expiration date ____________________________________________________________________________________

Signature ______________________________________________________________ Date ______________________



Maryland Society of SurveyorsP.O. Box 101Cream Ridge, New Jersey 08514-0101

FIRST-CLASS MAILU.S. POSTAGE

P A I DTRENTON, NJ

PERMIT No. 964

Time Sensitive Material

PRESIDENTFaron Pyles

Northern Bay Land Planning & Engineering,Rising Sun

Tel: 410-658-5959 – Fax: 410-658-3079Email: [email protected]

PRESIDENT-ELECTBob Banzhoff

Rodgers Consulting, GermantownTel: 301-948-4700 – Fax: 301-948-6256

Email: [email protected]

VICE-PRESIDENT,EDUCATIONAL TRUST FUND CHAIRMAN and

GOVERNMENT AFFAIRS COMMITTEE CHAIRMAN Ron Collier

Charles P. Johnson & Associates, Silver SpringTel: 301-434-7000 – Fax: 410-434-7010


SECRETARYJim Whitehead

ATCS, P.L.C., WaldorfTel: 301-932-8043 – Fax: 301-843-1262


TREASURERDonald F. Remmers

Apex Environmental, Inc., BrookevilleTel: 301-417-0200 – Fax: 301-975-0169


PAST PRESIDENT andEDUCATION COMMITTEE CHAIRMAN

George WigfieldDewberry & Davis, Inc., Lanham


DIRECTOR AT LARGE andWEBSITE CHAIRMAN

Steve JonesCharles P. Johnson & Associates, Silver Spring

Tel: 301-434-7000 – Fax; 301-434-7010Email: [email protected]

DIRECTOR AT LARGE andGOLF CHAIRMAN

Keith BaileyURS Corporation, Hunt Valley


DIRECTOR AT LARGECarlton (Bud) Felty, Jr.

McCrone, Inc., ChestertownTel: 410-398-1550 – Fax: 410-398-5845


NSPS GOVERNOR andNEW TECHNOLOGIES CHAIRMAN

Alan DragooKeystone Precision

Tel: 800-331-8451 – Fax 410-451-7073Email: [email protected]

ASSOCIATE DIRECTORRona Goldberg

E-mail: [email protected]

CHAPTER CHAIRSAPPALACHIAN CHAPTER

Thomas (TJ) Frazier, New MarketTel: 301-788-7979


BALTIMORE CHAPTERTerry Hastings, Baltimore


CARROLL CHAPTERGary Ganjon

Carroll Land Services, Inc., WestminsterTel: 410-848-1790 – Fax: 410-848-1791


CHESAPEAKE CHAPTER(Anne Arundel County)

John CampbellJohn A. Campbell, Land Surveying, Deale


HOWARD CHAPTERBrian Dietz

Brian R. Dietz, Professional Land Surveyor,Rosedale

Phone: 410-686-1198 – Fax: 410-682-6021Email: [email protected]

LOWER EASTERN SHORE CHAPTERJohn Andrews

Hampshire, Hampshire & Andrews, Inc.,Salisbury

Tel: 410-742-4673 – Fax: 410-742-2199 Email:[email protected]

POTOMAC CHAPTERTim Quinn

Rodgers Consulting, GermantownTel: 301-948-4700 – Fax; 301-948-6256


SOUTHERN CHAPTERJoseph Rupp, III

Cadd Trix, Inc., DunkirkTel: 410-286-8090 – Fax: 410-286-8093


SUSQUEHANNA CHAPTERWilliam E. Henning, III

G.W. Stephens, Jr., Inc., Bel AirTel: 410-297-2340 – Fax: 410-297-2345Email: [email protected]

UPPER EASTERN SHORE CHAPTERJeff Hubbard

Lane Engineering, Inc., CambridgeTel: 410-221-0818 – Fax: 410-476-9942


WESTERN CHAPTERLarry J. McKenzie

Western Maryland Associates, Inc., FrostburgTel: 301-689-1789 – Fax: 301-689-1004


EXECUTIVE DIRECTORMark L. Husik

P.O. Box 101, Cream Ridge, New Jersey 08514-0101Tel: 1-800-303-6770 (Toll-free throughout the U.S.)Fax: 1-888-475-1858 (Toll-free throughout the U.S.)

E-mail: [email protected]

MARYLAND SOCIETY OF SURVEYORS2004-2005 Board of Directors

Documents

GOV. EHRLICH SIGNS STATUTE OF REPOSE LEGISLATION...continued on page 4 In this legislative session, MSS also testified in support of House Bill 1188 and Senate Bill 143. House Bill