Washington v. Oregon (211 U.S. 127)

This is an original suit, commenced in this court on February 26, 1906, by the state of Washington against the state of Oregon, to determine their boundary line. Pleadings were filed, testimony taken before a commissioner by consent of the parties, and on these pleadings and proofs the case has been argued and submitted. The maps or charts accompanying this opinion have been prepared from exhibits filed by the parties, and will aid to an understanding of the case.

A brief chronological statement is that on August 14, 1848, the territory of Oregon was established (9 Stat. at L. 323, chap. 177), and on March 2, 1853, the territory of Washington, including all that portion of Oregon territory lying north of the middle of the main channel of the Columbia river (10 Stat. at L. 172, chap. 90). On February 14, 1859, Oregon was admitted into the Union. The boundary, so far as is important in this controversy, is as follows (11 Stat. at L. 383, chap. 33):

'Beginning one marine league at sea due west from the point where the forty-second parallel of north latitude intersects the same; thence northerly, at the same distance from the line of the coast, lying west and opposite the state, including all islands within the jurisdiction of the United States, to a point due west and opposite the middle of the north ship channel of the Columbia river; thence easterly, to and up the middle channel of said river, and where it is divided by islands, up the middle of the widest channel thereof, to a point near Fort Walla-Walla.'

On February 22, 1889, an act was passed providing for the admission of Washington. 25 Stat. at L. 676, chap. 180. On November 11, 1889, the President, as authorized by § 8 of the statute last referred to, issued his proclamation, declaring Washington duly admitted into the Union. 26 Stat. at L. 1552. The material part of the boundary described in the Constitution of that state is—

'Beginning at a point in the Pacific ocean one marine league due west of and opposite the middle of the mouth of the north ship channel of the Columbia river, thence running easterly to and up the middle channel of said river, and where it is divided by islands up the middle of the widest channel thereof to where the forty-sixth parallel of north latitude crosses said river, near the mouth of the Walla Walla river.' Art. 24, § 1; 2 Hill's Anno. Statutes & Codes (Wash.) p. 851.

Messrs. E. C. Macdonald, John D. Atkinson, Samuel H. Piles, A. J. Falknor, and J. B. Alexander for complainant.

Messrs. A. M. Crawford, I. H. Van Winkle, Harrison Allen, C. W. Fulton, and A. M. Smith for defendant.

Mr. Justice Brewer delivered the opinion of the court: