This case was decided February 29, 1892, 143 U.S. pages
143 U. S. 359 to
370. No decree was entered, the Court observing (page
143 U. S.
370):
"We think we have by these observations indicated as clearly as
is possible the boundary between the two states, and upon these
principles the parties may agree to a designation of such boundary,
and such designation will pass into a final decree. If no agreement
is possible, then the Court will appoint a commission to survey and
report in accordance with the views herein expressed."
The parties having come to such an agreement, the Court, on the
16th of May, 1892, entered the following decree.
Decree
This cause came on to be heard upon the pleadings and proofs and
was argued by counsel, and thereupon, the parties having agreed
upon a designation of the boundary in accordance with the
principles set forth in the opinion of this Court, filed on
February 29, 1892, it is ordered, adjudged, and decreed as
follows:
That the boundary between the State of Nebraska and the State of
Iowa, between the north line of sections twenty-two (22) and
twenty-three (23), in township 75 north of range 44 west of the
fifth principal meridian,
Page 145 U. S. 520
according to the surveys of the public lands in the State of
Iowa, and the middle, east, and west lines of section twenty-eight
(28) in said township and range, is, and is hereby established, in
the middle of the main channel in the Missouri River, save and
excepting the part of the said boundary described as follows:
Commencing at a point on the south line of section twenty (20),
in township seventy-five (75) north, range forty-four (44) west of
the fifth principal meridian, produced eight hundred and sixty-one
and one-half (861 1/2) feet west of the southeast corner of said
section, and running thence northwesterly to a point on the south
line of lot four (4) of section ten (10) in township fifteen (15)
north, of range thirteen (13) east of the sixth principal meridian,
twenty-two hundred and seventy-five (2,275) feet east of the
southwest corner of the northwest quarter of the southeast quarter
of said section ten (10); thence northerly, to a point on the north
line of lot four (4) aforesaid, two thousand sixty-eight (2,068)
feet east of the center line of said section ten (10); thence north
to a point on the north line of section ten (10), two thousand
sixty-eight (2,068) feet east of the quarter section corner on the
north line of said section ten (10); thence northerly, to a point
three hundred twelve (312) feet west of the southeast corner of lot
one (1), in section three (3), township fifteen (15) north, range
thirteen (13) east, aforesaid; thence northerly, to a point on the
section line between sections two (2) and three (3), three hundred
fifty-eight (358) feet south of the quarter section corner on said
line; thence northeasterly to the center of the southeast quarter
of the northwest quarter of section two (2) aforesaid; thence east,
to the center of the west half of lot five (5), otherwise described
as the southwest quarter of the northwest quarter of section one
(1), in township fifteen (15), range thirteen (13), aforesaid;
thence southeasterly to a point on the south line of lot five (5)
aforesaid, fifteen hundred and forty (1,540) feet west of the
center of section one (1), last aforesaid; thence south two
thousand and fifty (2,050) feet, to a point fifteen hundred and
forty (1,540) feet west of the north and south open line through
said section one (1); thence southwesterly,
Page 145 U. S. 521
to the southwest corner of the northeast quarter of the
southwest quarter of section twenty-one (21), in township
seventy-five (75) north, range forty-four (44) west of the fifth
principal meridian; thence southeasterly, to a point six hundred
and sixty (660) feet south of the northeast corner of the northwest
quarter of the northeast quarter of section twenty-eight (28), in
township seventy-five (75) north, range forty-four (44) west,
aforesaid, and said line produced to the center of the channel of
the Missouri River.
Commencing again at the point of beginning first named, namely,
a point on the south line of section twenty (20), in township
seventy-five (75) north, range forty-four (44) west of the fifth
principal meridian, proceed eight hundred and sixty-one and
one-half (861 1/2) feet west of southeast corner of said section,
and running thence southeasterly to a point six hundred and sixty
(660) feet east of the southwest corner of the northwest quarter of
the northwest quarter of section twenty-eight (28), in township
seventy-five (75) north, range forty-four (44) west of the fifth
principal meridian, and said line produced to the center of the
channel of the Missouri River.
The territory lying on the west of said line from the point last
aforesaid to the section line between sections two (2) and three
(3) in township fifteen (15) north, range thirteen (13) east of the
sixth principal meridian, according to the government surveys in
Nebraska, and also the territory lying north of the above-described
line, to where it intersects the middle, east, and west line of
section one (1), in said township and range, and the territory
lying east of the above-described line from the point last
aforesaid to the Missouri, are in the State of Nebraska, and the
lands included between and within the above-described line are in
the State of Iowa.
It is further ordered that the costs of this suit be paid by the
parties equally.
So ordered.