*578

(197 U. S. 577)

STATE OF MISSOURI, Complainant,

บ.

STATE OF NEBRASKA.

Boundaries between states.

The middle of the channel of the Missouri river, according to its course as it was prior to the avulsion of July 5, 1867, decreed to be the true boundary line between Missouri and Nebraska.

[No. 5, Original.]

March 6, 1905.

"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

cross bill to settle a disputed boundary line between the states of Missouri and Nebraska. Final decree entered establishing the middle of the channel of the Missouri river according to its course prior to July 5, 1867, as the true boundary line.

See same case, ante, p. 155.

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 fig. ures as follows, to wit:

"In the opinion of the court in the aboveentitled 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 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

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 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 1st day of May, 1905, in which to make their report.

"State of Missouri, Complainant, "By Edward C. Crow,

"Sam B. Jeffries,

"Attorney General.

"Assistant Attorney General "State of Nebraska, Defendant, "By F. N. Prout, Attorney General."

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

CCT. TERM,

| the Old Missouri river bed. This line run in connection with D. A. Quick Surveyor of Atchison county Missouri. Correcting back we corrected the random stake sat at 40.00 chaines to 41.44 chaines for the half way or dividing line between Missouri and Nebraska and set a Limestone 7x12x25 inches square. Marker M. and N. Whole distence across 82.88 chaines. Half the distence across 41.44 chaines.

And Commencing at the quarter section corner on the West line of Section 36 and East line of Section 35 in Township 7 North, of Range 15 East of the 6th Principal Meridian in Nebraska, it being on the Nebraska

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 chaines 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° W at 40.00 chaines set a random stake for half way and at 82.88 chaines came to a meander corner on the Missouri bank of

chaines came out 88 links South of the corner on the Missouri bank of the Old Missouri River bed. This line was run in conneotion with D. A. Quick County Surveyor of Atchison county Missouri. Adjusting our bearing to N 66° 15' W we corrected back and corrected the random stake set at 32.52 chaines to 33.00 chaines 48 links west and 44 links North of the random stake and on a direct line, and we set a Limestone 8x11x44 inches square for the dividing line between Missouri and Nebraska marked M and N

Whole distence across 66.00 chaines.
Half the distence across 33.00 chaines.