Arkansas v. Mississippi (256 U.S. 28)/Opinion of the Court

The state of Arkansas, having moved the court to take up for consideration the exceptions filed by the state of Mississippi to the report of the commissioners appointed by the decree in this cause on the 22d day of March, 1920 (252 U.S. 344, 40 Sup. Ct. 333, 64 L. Ed. 605), to run, locate, and permanently mark the boundary line between the states of Arkansas and Mississippi; and the state of Mississippi, having filed certain exceptions to said report, which report is in the words and figures following, to wit:

'To the Honorable Chief Justice and the Associate Justices of     the Supreme Court of the United States:

'We, Samuel S. Gannett, Washington, D. C., Charles H. Miller,     Little Rock, Arkansas, and Stevenson Archer, Jr., Greenville,      Mississippi, commissioners appointed under the decree of the      court, rendered March 22, 1920, 'to run, locate and designate      the boundary line between said states along that portion of      said river which ceased to be a part of the main navigable      channel of said river as the result of said avulsion, in      accordance with the above principles: Commencing at a point      in said Mississippi river about one mile southwest from Friar      Point, Coahoma county, Mississippi, where the main navigable      channel of said river, prior to said avulsion, turned and      flowed in a southerly direction, and thence following along      the middle of the former main channel of navigation by its      several courses and windings to the end of said portion of      said Mississippi river which ceased to be a part of the main      channel of navigation of said river as the result of said      avulsion of 1848,' have the honor to submit the following      report, which report is accompanied by a map entitled:

'Supreme Court of the United States, October Term, 1919.

'No. 7, Original.

'Map Showing Boundary Line Between States of Arkansas and     Mississippi Below Friar Point, Mississippi.

'On account of a continuous high stage in the Mississippi     river it was impracticable to carry on any field work      previous to August 1, 1920, but in the meantime the record was read, local data and maps were examined, and      preliminary investigations made in the field.

'The commissioners met at Friar Point, Mississippi, August 4,     1920, and proceeded to view the ground and formulate a plan      of procedure.

'The determination of the boundary line proceeded upon the     finding of the law as laid down by the court, namely, that if      the former channel of a river separating two states ceases to      be navigable by reason of an avulsion, it does not render      inapplicable the rule which fixes as the boundary line the      middle of the navigable channel rather than the middle line      between the banks. State of Arkansas v. State of Tennessee,     246 U.S. 158, sec. 4, 38 Sup. Ct. 301, 62 L. Ed. 638, L. R.     A. 1918D, 258.

'After a study of all the evidence in the case and a careful     examination of the physical facts on the ground at this time,      the commissioners are unanimously of the opinion that      'Horseshoe Lake' or 'Old River' or 'Pecan Lake' was, at the      time the avulsion or cut-off took place, the main navigable      channel of the Mississippi river, and therefore this portion      of the boundary line should follow in general the deepest      water in this lake.

'Leaving the west or lower end of Horseshoe Lake, the     boundary line as determined by your commissioners follows, in      general, the course of the present 'channel' or well-defined      chute which runs in a northeasterly direction to the      Mississippi river, because the evidence on the ground      (namely, well-defined high banks on both sides for      practically the entire distance, both of which are covered      with timber of about the same age; its location west of the      meander line of 1833 near the 'Horseshoe Lake' where caving      would be expected, and its location east of the meander line      of 1833 at a point farther north where accretion would be      expected) clearly indicates that this was the last channel      actually navigated by the steamboate that entered the      'Horseshoe Lake' several years after the avulsion or cut-off      of 1848.

'In arriving at the proper location for the line between  the northeast end of 'Horseshoe Lake' and the   Mississippi river at a point about one mile southwest   from Friar Point, we considered the following facts and   conditions:

'(a) The Arkansas shore, being in a concave bend, would     naturally undergo some caving or recession during the 32      years between the date of the original land survey (1816) and      the date of the cut-off (1848).

'(a) The 'slough' immediately east of the field in sections     10 and 15, township 4 south range 4 east, being totally      devoid of short and irregular bends and following a generally      uniform curve of radius similar to that of the original river      in this vicinity, was, without doubt, formed by the main      river, and the great difference in the age of the timber on      the west bank as compared with the age of that on the east      bank shows that the west bank of this 'slough' marked the      most westerly limit of the main river at the time of the      avulsion.

'(c) The Mississippi land survey of 1835 shows that an island     existed at that time near to the Mississippi shore or meander      line; evidence on the ground to-day shows conclusively that      this portion of the area is much older than is that part      which lies farther to the west. The conformation of the old     bank lines is such that accretion to the Mississippi shore in      this vicinity is a logical sequence.

'We have therefore decided that this line after leaving the     northeast end of 'Horseshoe Lake' should gradually swing over      towards the northwest and follow the general line of the      'slough,' but in front, or east, of the same, a distance      which is approximately equal to that which is ordinarily      found between the main bank and the line of deepest water in      the Mississippi river.

'After reaching a point which is opposite the upper end of     this 'slough' we must, in order to reach the present river,      cross over, for a distance of approximately a mile, land that      has evidently been formed by the process of accretion since the time of the avulsion, and hence the      boundary line should be brought east, as soon as is      practicable, to a point about midway between the old original      meander lines, and thence along this mid-line to the      Mississippi river.

'Commencing at a point in said Mississippi river, approximate     latitude 34x 22' 18", longitude 90x 39' 19", about one mile      west from Friar Point, we herewith specifically describe the      boundary line as follows:

S. 30x W. 6,831 feet, or 103.50 chains, to monument (1).

S. 30x W. 6,831 feet, or 103.50 chains, to monument (1).

S. 23x E. 5,035 feet, or 76.29 chains, to monument (3).

S. 11 1/2x E. 4,927 feet, or 74.65 chains.

S 25x W. 2,805 feet, or 42.50 chains.

S. 70 1/4x W. 2,607 feet, or 39.50 chains.

N. 88 1/2x W. 2,290 feet, or 34.70 chains.

N. 68 1/4x W. 2,607 feet, or 39.50 chains.

N. 51x W. 1,571 feet, or 23.80 chains.

No. 34x W. 1,733 feet, or 26.25 chains.

No. 4x W. 2,676 feet, or 40.55 chains.

N. 12 1/4x E. 3,383 feet, or 51.25 chains.

N. 31 1/2x E. 3,317 feet, or 50.25 chains.

N. 22 1/4x E. 2,864 feet, or 43.40 chains.

N. 15x E. 5,148 feet, or 78.00 chains to a point in the     Mississippi river, approximate latitude 34x22'04", longitude      90x40'35".

'Monuments.

'Monuments have been set as follows:

'State Line Monument No. 1.

'Situated in southeast quarter of Sec. 10, T. 4 S., R. 4 E.,     600 feet east of west bank of slough and on north side of      road through timber-reinforced concrete post 12 inches      square, 36 inches high, set on a concrete base 24 by 24 by 24      inches.

'Monument marked on west side ARK, on east side MISS, on     north side 1920, on south side No. 1.

'State Line Monument No. 2.

'Situated 2,587 feet due south of state line Mon. No. 1 and     is in the N. E. 1/4 Sec. 15, T. 4 S., R. 4 E. A reinforced      concrete post 12 inches square, 36 inches high, set on a      concrete base 24 by 24 by 24 inches.

The monument is marked on west side ARK, on east side MISS,     on north side 1920, on south side No. 2.

'State Line Monument No. 3.

'Situated 5,035 feet S. 23x E. from monument No. 2 and 2,375     feet west of a point 100 feet south of levee mile post 72-73. It is in north part of Sec. 23, T. 4 S., R. 4 E., a few feet     south of line of Sec. 14, T. 4 S., R. 4 E. It is a reinforced      concrete post 12 inches square, 36 inches high, set on a      concrete base 24 by 24 by 24 inches.

'This monument is marked on west side ARK, on east side MISS,     on north side 1920, on south side No. 3.

'Witness trees: Cottonwood 24 inches diameter bears N. 56x E.     47 feet distant; hackberry 3 inches diameter bears N. 46x E.      6 feet distant; overcup oak 10 inches diameter bears N. 65x      1/2 W. 38.5 feet distant.

'Reference Point No. 1.

'1,025 feet north of corner of Secs. 7 and 18, T. 28 N., R. 4     W., and Secs. 12 and 13, T. 28 N., R. 5 W.

'Reinforced concrete post 12 inches square, 36 inches high,     set on concrete base 24 by 24 by 24 inches.

'Monument is marked on north side REF. PT. No. 1, on south     side 1920.

'From this monument middle of old River or Horse Shoe Lake or     State line bears N. 40x W. 1,353 feet.

'Reference Point No. 2.

'At 1/4 corner between Secs. 10 and 11, T. 28 N., R. 5 W.

'Reinforced concrete post 12 inches square, 36 inches high,     set on concrete base 24 by 24 inches.

'Monument marked on north side REF. PT. No. 2, on south side     1920.

'Witness trees: Cottonwood, 14 inch diameter, N. 42x E. 78.6 feet; cottonwood, 24 inch diameter, S. 66x 1/4 W.     33.1 feet.

'From this monument middle of old river or Horse Shoe Lake or     state line bears N. 67x 3/4 E. 1,353 feet.

'Reference Point No. 3.

'At corner of Secs. 2, 3, 34 and 35, Tps. 28 and 29 N., R. 5     W.

'Iron post 6 feet long 2 inches in diameter, set 3 feet in     ground.

'Witness trees: A sycamore 18 inches diameter bears No. 23x     W. 18.3 feet distant; a boxelder 12 inches diameter bears S.      83x 3/4 W.

'From this reference point or monument the

'From this reference point or monument the state line or     middle of channel or Horse Shoe Lake is 808 feet due east.

'We return herewith a financial statement showing in detail     the money actually expended by the commissioners for running,      locating, and designating the boundary line under the decree      in this case, including the per diem compensation of the      commissioners.

'Respectfully submitted,

'Samuel S. Gannett,

'Chas. H. Miller,

'Stevenson Archer, Jr.

'Commissioners.'

The cause coming on to be heard upon said motion of the state of Arkansas, and exceptions of the state of Mississippi, it is ordered, adjudged, and decreed that the exceptions filed on behalf of the state of Mississippi be and the same are hereby overruled, and said report is in all respects confirmed.

It is further ordered, adjudged, and decreed that the line as delineated and set forth in said report, and upon the map accompanying the same, which line has been marked by permanent monuments, as stated in said report, be and the same is hereby established, declared and decreed to be the true boundary line between the states of Arkansas and Mississippi, and said map is directed to be filed as a part of this decree. And it appearing that the expenses and compensation of the commissioners attendant upon the discharge of their duties, amounts to $6,116.45, it is ordered that the same be allowed and approved as a part of the costs of this suit to be borne equally by the parties. And it appearing further from the report that the state of Arkansas has paid said sum, it is hereby ordered that it be credited to the state of Arkansas in the settlement of the costs of this suit between the states of Arkansas and Mississippi. It is further ordered that the clerk of this court do transmit to the respective Governors of the states of Arkansas and Mississippi copies of this decree, duly authenticated, and under the seal of this court, omitting from said copies the map filed with the report.