Missouri v. Nebraska
197 U.S. 577 (1904)

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U.S. Supreme Court

Missouri v. Nebraska, 197 U.S. 577 (1904)

Missouri v. Nebraska

No. 5, Original

Submitted November 28, 1904

Decided December 1, 1904

Decree entered March 5, 1905

197 U.S. 577

I

N EQUITY. ON BILL AND CROSS-BILL

Syllabus

Final Decree entered in accordance with opinion delivered December 19, 1904, reported in 196 U. S. 196 U.S. 23, and stipulation of the parties.

This cause coming on for final decree, in pursuance of the opinion of this Court filed herein on December 19, 1904, and the stipulation of the respective parties by their counsel filed herein on January 30, 1905, which said stipulation is in words and figures as follows, to-wit:

"In the opinion of the Court in the above-entitled cause, the order and finding of the Court having been made as follows:"

" It appears from the record that, about the year 1895, the County Surveyors of Nemaha County, Nebraska, and Atchison County, Missouri, made surveys of the abandoned bed of the Missouri River, ascertained the location of the original banks on either side, and to some extent marked the middle of the old channel. If the two states will agree upon these surveys

Page 197 U. S. 578

and locations as correctly marking the original banks of the river and the middle of the old channel, the Court will, by decree, give effect to that agreement, or, if either state desires a new survey, the Court will order one to be made, and will cause monuments to be placed so as to permanently mark the boundary lines between the two states. The disposition of the case by final decree is postponed for forty days in order that the Court may be advised as to the wishes of the parties in respect to these details."

"In pursuance whereof, now come the parties hereto by their respective counsel and agree that the said surveys made by the County Surveyors of Nemaha County, Nebraska, and Atchison County, Missouri, as reported by the Commissioners and set forth in the opinion of the Court, constitute and be correct boundary lines between the said states, the same constituting the middle of the old channel of Missouri River as found by said Court in its in its opinion."

"It is further agreed between the parties hereto that the monuments marking said boundary line established by the said county surveyors of said counties are not of a permanent character, and many of them have become destroyed or removed, and that, in order to mark a permanent boundary line, it is necessary and is deemed best that permanent monuments be erected at regular intervals on said line in such manner as will quiet all dispute in reference to said boundary."

"It is further agreed that said permanent monuments can be best established under the supervision of the Commissioners heretofore appointed by the Court, to-wit, Alfred Hazlett and John W. Halliburton, and it is therefore requested by the parties to this cause that the Court, by a proper order, direct and require said Commissioners to establish or cause to be established under their direction such permanent monuments as may by them be deemed necessary in the premises and in accordance with the order of the Court heretofore made, and make a report to the Court of their acts and doings therein. In the execution of their powers herein, said Commissioners

Page 197 U. S. 579

shall have authority to employ such surveyors and other assistants and procure such material as may be necessary in the establishment of the permanent monuments, marking said boundary line in accordance with the opinion of the Court heretofore rendered and this agreement."

"It is further agreed that said Commissioners for their services herein shall receive such compensation as may be agreed upon by the respective parties, and if the parties are unable to agree, then such as may be fixed by the Court after the services have been performed and due report thereon made."

"On account of the unfavorable condition of the weather during the winter months and of the character of the ground during the spring months, the parties hereto respectfully request the Court that said Commissioners be granted until the first day of May, 1905, in which to make their report."

"State of Missouri, Complainant"

"By Edward C. Crow,"

"Attorney General"

"Sam B. Jeffries"

"Assistant Attorney General"

"State of Nebraska, Defendant"

"By F. N. Prout"

"Attorney General"

And on motion of Herbert S. Hadley, Attorney General of the State of Missouri, counsel for said complainant, that a decree be entered in this cause in accordance with said opinion and stipulation:

It is now here ordered, adjudged, and, decreed by this Court that the middle of the channel of the Missouri River, according to its course as it was prior to the avulsion of July 5, 1867, is and shall be the true boundary line between Missouri and Nebraska, and that said boundary line is indicated upon and shown by the following plat:

Page 197 U. S. 580

DEFENDANTS EXHIBIT D

image:a

And that said boundary line is more particularly shown and described by the following eleven sectional survey maps, with the field notes descriptive of each of said sectional maps and surveys:

Defendant's Exhibit "E"

FIELD NOTES

No. of Survey. . . . . Date February 25th to March 29th 1895

Survey for Nemaha County Nebraska

At request of the Board of County Commissioners

Chainmen sworn W. T. Hacker and H. D. Hacker

Point established divis. of accretions to Sec. 35, Twp. 7 N, Rng. 15 E, 6th P.M.

Commencing at the meander corner, on the Nebraska bank of the Old Missouri River bed where the Township line between Townships 6 and 7 North of Range 15 East of the 6th Principal Meridian in Nebraska intersects with the Old Missouri River bed and at a point 9.10 chains West of the South East corner of Section 35 and South West corner of Section 36 in Township 7 North, of Range 15 East of the 6th Principal Meridian in Nebraska, and run thence N 47

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