Imágenes de páginas

Decree of the Court.

It was decided then, to lay out as a trial line, a line parallel to the meander line of the survey of 1805 and 1806, as re-established, and at a distance of two chains from it, measured toward the island. This was done, and notification was sent to Hon. W. A. Ketcham, attorney general of the State of Indiana; Mr. R. H. Cunningham, representing the State of Kentucky, and Mr. J. E. Williamson representing land owners. The above mentioned gentlemen were invited to present in writing, if they so desired, any statements to prove that such line was not approximately the low water line in the year 1792. They were also invited to make any oral argument relating thereto to your commissioners at their next meeting.

On February 3rd, 1896, your commissioners again met at Evansville, Indiana, and proceeded to inspect the trial line as laid out and marked upon the ground. After their inspection they held a meeting, due notice of which had been given to the aforementioned gentlemen representing the different interests.

Mr. R. H. Cunningham on behalf of the State of Kentucky appeared, and had no particular objections to urge against the -approximate line, but filed a request which is herewith transmitted, marked Exhibit "A." Mr. J. E. Williamson sent a communication, which is transmitted with this report and marked Exhibit “B.”

After further consideration of the subject it was decided that your commissioners were not authorized to lay down. any line beyond the upper and lower limits of Green River Island as it existed in 1792, and it was decided to adopt for recommendation the trial line within those limits as marked, with a slight change at the extreme upper end, to allow for what was undoubtedly a flat bank slope, it being upon a point.

Your commissioners would therefore respectfully state that they have now ascertained and run, according to their best judgment, the boundary line between Indiana and Kentucky, north of the tract known as Green River Island as it existed when Kentucky became a State, which is described as follows, to wit:

Decree of the Court.

Commencing at a point on the line between sections fifteen (15) and fourteen (14), township seven (7) south, range ten (10) west, and 67.25 chains south of the northeast corner of section fifteen (15). The post set at this point is witnessed by a sycamore tree 36 inches, S. 1° 55′ E. 43.8 ft.; and also by a honey locust 32 inches, S. 67° 50' E. 24.1 ft., and is at the head of Green River Island, and also assumed low water mark in 1792. From this point going down stream and making an angle to the left from the east line of section fifteen (15) of 50° 26', and on a course of N. 49° 16′ W., a distance of 1098.55 ft. to a post witnessed by a cottonwood 48 inches, N. 79° 45′ W. 163 ft.

Angle to right 0° 45'15", course N. 48° 30′ 45′′ W. 1171.45 ft. to a post witnessed by a sycamore 22 inches. S. 6€° 50' E. 398 ft.

Angle to left 6° 50', course N. 55° 20′ 45′′ W. 1432.35 ft. to a post, witnessed by a red elm 48 inches, S. 81° 40′ E. 150.5 ft. And also a red elm 60 inches, S. 83° 20' E. 160 ft.

Angle to left 13° 43' 15" course N. 69° 04' W. 1187.2 ft. to a post, witnessed by a sycamore 41 inches, S. 87° 15′ E. 149.7 ft.; and also a sycamore 48 inches, S. 88° 20' E. 156.2 ft.

Angle to right 0° 42' course N. 68° 22′ W. 1312.6 ft. to a post, witnessed by a sycamore 15 inches, south 16° 15' E. 80.5 ft. And a sycamore 11 inches, S. 18'[] 00' E. 79.6 ft.

Thence on same tangent and course 520.55 ft. to a post, witnessed by a cottonwood 16 inches, S. 8° 45' E. 61.4 ft.

Angle to right 9° 01' 30", course N. 59° 20' 30" W. 1735 ft. to a post, witnessed by a sycamore 64 inches, N. 13° 40' W. 130 ft.

Angle to left 2° 37', course N. 61° 57' 30" W. 964.6 ft. to a post, witnessed by a cottonwood 30 inches, S. 44° 00′ W. 67 ft., and a cottonwood 37 inches, S. 34° 40' W. 70.3 ft.

Angle to right 2° 06', course N. 59° 51' 30" W. 2926.5 ft. to a post, witnessed by a sycamore 48 inches, N. 74° 50′ E. 146.5 ft. and a sycamore 56 inches, N. 27° 30′ E. 94.8 ft., and a stone on section line, between sections eight (8) and nine (9), N. 32o 30' E. 132.6 ft.

Angle to right 4° 36' 30", course N. 55° 15′ W. 1659.6 ft. to

Decree of the Court.

a post, witnessed by a cottonwood 22 inches, S. 17° 15′ W. 141.7 ft.

Angle to right 3° 05′ 30′′, course N. 52° 09′ 30′′ W. 952 ft. to a post, witnessed by a sycamore 60 inches, S. 88° 05′ E. 254 ft., and a sycamore snag 31 inches, N. 49° 25' E. 164.4 ft.

Angle to right 7° 56' 30", course N. 44° 13′ W. 2004.1 ft. to a post, witnessed by an elm 60 inches, N. 2o 35' E. 230.5 ft.

Angle to right 5° 58', course N. 38° 15′ W. 477.65 ft. to a post, witnessed by a sycamore 56 inches, N. 29° 45′ E. 115 ft. Angle to left 0° 40′, course N. 38° 55′ W. 1259 ft. to a post, witnessed by a sycamore 36 inches, S. 44° 55' E. 131.3 ft., and a cottonwood 40 inches, S. 42° 50′ W. 155 ft.

Angle to right 6° 07', course N. 32° 58′ W. 1257 ft. to a post, witnessed by an elm 53 inches, S. 43° 25' E. 578 ft. and the stump of the original maple witness tree of 1806, 65 inches, N. 49° 55′ E. 126 ft.

Angle to right 2° 42', course N. 30° 06′ W. 1186.6 ft. to a post, witnessed by a sycamore snag 28 inches, N. 69° 15' E. 102.7 ft.

Angle to right 7° 03′ 30′′, course N. 23° 42′ 30′′ W. 2735.7 ft. to a post, witnessed by a maple 36 inches, N. 78° 00′ E. 165.3 ft.

Angle to right 12° 17′ 30′′, course N. 10° 45' W. 1202.12 ft. to a post opposite the lower end of Green River Island, and at low water as it was in 1792, witnessed by a sycamore 52 inches, N. 65° 35' E. 363.45 ft.

The above courses are run from the true meridian as ascertained by observation at the point on the map marked “W” on the line between townships six (6) and seven (7).

The above described line is indicated by the red line on the map transmitted herewith, marked Exhibit "C." We also transmit the preliminary and final reports of the surveyor, Mr. C. C. Genung, marked Exhibits "D" and "E," also a sheet of cross sections marked Exhibit "F."

The above described line is now marked by cedar posts, set at the initial and terminal points, and points where changes in direction occur, and it is recommended that it should be permanently marked as follows:

Decree of the Court.

Three suitable points should be selected upon the line, one near the upper end, one near the middle, and one near the lower end. At each of these points a monument should be erected which should consist of a stone of durable quality, six feet long, and eighteen inches square in cross section. This stone should be imbedded in a well made foundation of concrete. The concrete foundation to be six feet square and four feet deep, the upper surface being at the surface of the ground. The stone should be placed upright so as to extend three feet into the concrete, and have three feet above the ground. Upon one side of the stone should be cut the word "Indiana," and upon the opposite side the word "Kentucky." Between the stone monuments, at each turning point of the line, there should be placed an iron post six feet long, and six inches in diameter of cross section. The iron post to be imbedded in a foundation of concrete two feet square, and three and one half feet deep; the top of the concrete to be at the surface of the ground, and the post standing upright in the concrete, the top of the post being three feet above the ground.

The estimated cost of the above described monuments, including placing the same, is $600.00.

We herewith file as a part of our report, two certified copies of the original map, which we recommend be furnished the respective States, as may be directed by the court.

We herewith attach an itemized statement of costs and expenses incurred by the commissioners, marked Exhibit “G,” which, if approved, we recommend be adjudged equally against the parties to the suit.

Respectfully submitted.


Lt. Col. of Engrs., U. S. A. GUSTAVUS V. MENZIES,



Decree of the Court.


Honorable Commissioners of U. S. Supreme Court to ascertain and run the boundary line between Indiana and Kentucky at and near Green River Island.

GENTLEMEN: While I have no special objection to the test line you have tentatively adopted, although it does not seem to make allowance for any accretion to the Indiana bank of the river between June 1st, 1792, and the date of the Congressional survey in 1806, I suggest and request that such line as you may finally adopt be extended upon such courseand for such distance as you find correct until it intersects. the present low water line of the Ohio River both at the upper and lower ends. In other words that you run at each end to the points where low water mark in 1792 coincides: with low water mark at the present time.

Very respectfully,

February 3d, 1896.

For the Commonwealth of Kentucky.


EVANSVILLE, IND., Feb. 2, 1896.

COL. AMOS STIOKNEY, Evansville, Ind.

DEAR SIR: I was shown a sketch, by Capt. Genung, of the line as staked off. Capt. Genung said to me that he had a. letter from you stating that you would be in the city to-morrow, and that the commission would meet to-morrow night. I am compelled to leave home to-night, and will probably not be at home for a day or two. Capt. Genung will explain fully.

The line as staked off in the main will be satisfactory. I desire to call the attention of the commission to the two termini. I understand the controlling fact has been the survey of 1806, and the notes of this survey show that stakes were driven at several points on the bank of the river. If we take the dividing line between sections 14 and 15 as a sample, the notes show that a stake was driven on the bank of the river between the point where the stake was driven and the

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