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Decree of the Court.

present bank of the river is a very considerable distance, and the evidence shows that a great deal of land has been made by accretion opposite the mouth of Green River. If we take an east and west line, or say the northern boundary line of section 14 and measure off the full length of the east side we have the distance shown by the stake driven. If we were to go one section still further east, a point which nobody has ever claimed was reached by Green River Island, we will have exactly the same thing, a stake on the bank of the Ohio River, and I assume the same notes would show stakes on the Ohio River up to the Ohio line. It does not follow therefore that all the land that has been made south of these stakes is in Kentucky. The same thing holds good at the lower end of the line. Only sixty days ago I passed on an abstract of title for a tract of land belonging to the Smiths immediately down the river from the present site owned by the city for its water works. We commenced on a line back from the river and the calls in the deed were so many feet to the Ohio River, when we measured for the number of feet, we found that it did not reach the Ohio River by one hundred or two hundred feet. I thought at first there was a mistake in the deed, but when we came to ascertain the facts more definitely, it was learned that the difference in feet was accounted for by the accretion. I am confident that the same will hold at many other points along the river. It seems, therefore, to me that we cannot rely on calls of the survey of 1806 to locate the upper and lower ends of the island, as there have been accretions at both points.

Yours respectfully,

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J. E. WILLIAMSON.

To the Honorable Board of Commissioners of the Indiana and Kentucky Boundary Line at Green River Island.

GENTLEMEN: In accordance with your instructions I have reëstablished the sectional and meander lines of fractional sections, 5, 6, 8, 9, 15, 16 and a part of 14 T. 7 S., R. 10 W., and also a part of section 31, T. 6 S., R. 10 W. following the notes of the original United States surveys as made by Jacob Fowler

VOL. CLXII-34

Decree of the Court.

in 1805 and 1806, as closely as possible. I found, however, that his work had not been very carefully nor accurately done, his lines not having all been run with the same variation, nor his distances always accurately chained.

I first sought to locate his original corners, the posts set by him having long since disappeared. I found a mulberry stub standing on the line between sections 15 and 16, and 16.23 chains south of the northwest corner of sec. 15, which is an original witness tree, as noted by him. At the termination of the section line between sections 5 and 6 a maple tree witnessed by him has been standing, up to about one year ago, but the stump, now five feet in diameter, with witness marks on it, is still there. Each of these points so located are also points on the meander line, and the surveyor's records in my office, as well as oral testimony of the old inhabitants, go to show beyond question that these are corners established by Mr. Fowler.

In 1856 A. T. Whittlesey, who was surveyor of Vanderburgh County, reëstablished the northwest corner of sec. 14, putting down a cypress post, which he afterwards replaced by a stone, which now marks the corner. One of the original witness trees was then standing. At the same time he reestablished a point on this line between sections 14 and 15 and 40 chains south of the northwest corner of sec. 14, by a cedar post which is still standing. At that point one of the original witness trees was then standing. The distance was by close measurement 39.91 chains. This line produced south from said northwest corner of sec. 14 64.25 chains, the distance given by Mr. Fowler, fixes its termination and also a point on the meander line. The variation is 2° 30'.

The northeast corner of sec. 16 was reëstablished by A. T. Whittlesey, surveyor of Vanderburgh County, in 1856. The box elder witness tree noted by Mr. Fowler was standing at that time. From that corner running west 29.67 chains the distance given by Mr. Fowler, gives the termination of the section line between sections 9 and 16, which is also a point on the meander line. The northeast corner of sec. 16 is also 16.23 chains north of the corner by the mulberry stub, this

Decree of the Court.

being the distance given by Mr. Fowler, and has a variation of 3° 40'.

At the northwest corner of sec. 9, J. Lindsley, surveyor of Vanderburgh County, in 1837, set a white oak post to reëstablish the corner, the original witness trees being then standing. In 1855 C. G. Olmstead, surveyor of Vanderburgh County, replaced the oak post by a mulberry post, and in 1874 this was replaced by a limestone, set by August Pfafflin, surveyor of Vanderburgh County, which stone is still there. Commencing at that point and running south 49.84 chains, the distance given by Mr. Fowler, I found the termination of the line between sections 8 and 9, which is also a point on the meander line. This variation is 3° 30'.

Running west from the northwest corner of section 9, 58.00 chains, the distance given by Mr. Fowler, gives the termination of the line between sections 5 and 8, and also a point on the meander line.

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The southwest corner of sec. 32, T. 6 S., R. 10 W. I established from two old monuments, one at the northwest corner, and the other at the southeast corner of said section. This line between the southeast and southwest corners had a variation of 2° 50'. From this corner so established, I ran south 51.72 chains to a post near the maple stump, original witness tree, Mr. Fowler giving the distance as 51.50 chains. This line had a variation of 3° 00', and its termination is also a point on the meander line. From the southwest corner of sec. 32 I ran west 25.70 chains, the distance given by Mr. Fowler, which is the termination of the line between section 31, T. 6 S., R. 10 W., and section 6, T. 7 S., R. 10 W., and also a point on the meander line.

In this way I found seven points which are as closely absolutely correct as it is possible to locate them after a lapse of ninety years. Primarily fixed points, if correct, must govern as against distances or compass variations, secondly, distances, and lastly, courses. Upon this basis I ran the meander line, following Mr. Fowler's notes as closely as possible, and making such corrections as were necessary. It was impossible to follow them exactly, for the reasons already stated, that the

Decree of the Court.

compass variations on the lines between section corners established by Mr. Fowler vary from one to two degrees, and in only one instance has a line the correct variation, and in 28 distances given by him, which I remeasured, 12 of them varied from two to seventy-four links each.

The following are the field-notes for the meander line:

Commencing at a post at a point on the bank between fractional sections 9 and 16, T. 7 S., R. 10 W., running thence up stream as corrected. Witnessed sycamore 6' N. 82° W. 1.31 chains S. 60° E. 26.31 chains. Variation 3° 05'.

Post witnessed, sycamore S. 12° 50′ E. 4 links S. 69° E. 7.73, var. 3° 05' to a post between secs. 15 & 16.

Witnessed by stub of original mulberry S. 66° W. 4 links S. 69° E. 19.84, var. 3° 15'.

Post witnessed, stake N. 43° 30′ E. 25 links, and stake N. 36° 30' W. 25 links. S. 70° E. 18.38, var. 3° 15'.

Post witnessed, stake N. 44° 30' E. 454 links and apple tree S. 63° W. 28 links. S. 56° E. 22.01, var. 3° 15'.

Post witnessed, stake, N. 43° 30' E., 50 links, and stake N. 36° 30′ W. 50 links. S. 49° E. 17.91 var. 3° 15'.

Post witnessed, stake, N. 40° 50′ E. 65 links and stake N. 66° 30′ W. 50 links. S. 45° E. 9.92, var. 3o 15'.

Post witnessed, stake, N. 40° 20′ E. 68 links and stake N. 66° 30′ W. 50 links. S. 63° E. 5.00 var. 3° 15' to a post between secs. 15 & 14.

Witnessed, honey locust 24" S. 8° 15' W. 78 links. Sec. line S. 6.37 ch. to water's edge of Ohio River. S. 73° E. 5.50, var. 3° 15'.

Post witnessed, cottonwood, 16" S. 14° 50′ W. 1.71 ch. S. 82° E. 16.00, var. 3° 15'.

Post witnessed, osage orange 6" S. 54° 45′ E. 26 links and osage orange 8" S. 62° W. 36 links. S. 3.88. ch. to water's edge, Ohio River.

From the post between secs. 9 and 16 running down stream: N. 63° W. 14.60 chains, var. 2° 45'.

Post witnessed, sycamore snag, 36" N. 81° 55′ E. 86 links N. 61° W. 44.00 to a post between secs. 8 and 9, var. 2° 45'. Post witnessed sycamore 48" S. 45° 30' W. 54 links N. 57° W. 25.00, var. 2° 00'.

. Decree of the Court.

Post, sycamore stump 40" S. 42° 30' E. 72 links N. 54° W. 14.20 var. 2° 00'.

Post witnessed sycamore snag N. 78° E. 56 links N. 46° W. 30.00, var. 2° 00'.

Post witnessed, elm, 38" N. 31° 40′ W. 2.53 chains N. 40° W. 7.12, var. 2° 00'. Post between secs. 5 and 8.

Witnessed sycamore 40′′ S. 74° 50' W. 214 links, and cottonwood snag 21" N. 40° 30′ W. 80 links. N. 40° W. 19.00, var. 2° 30'.

Post witnessed, sycamore, 32" S. 4° 15′ W. 2.56 ch. N. 34° W. 18.84 to a post between secs. 5 and 6, var. 2° 30'.

Post witnessed, maple 60" N. 65° W. 27 links, Original witness tree. N. 32° W. 17.75 to a post, var. 2° 00′.

Post witnessed, sycamore snag 45" S. 43° 15′ W. 16 links N. 25° W. 40.00 to a post between sec. 6, T. 7 S., R. 10 W.. and sec. 31, T. 6 S. R. 10 W., var. 2° 00'.

Post witnessed, maple snag, 20′′ N. 66° 30′ E. 53 links, and maple 24" S. 83° 30′ E. 52 links. N. 12° W. 36.00 to a post, var. 2° 30'.

Witness stake on river bank S. 78° W. 4.70 ch. and post N. 78° E. 4.00. Distance 5 chains S. 78° W. to water's edge, Ohio River.

At points marked A, B, C, etc., corresponding to the same letters on the map, cross section levels were taken across the meander line to the bank on the southwest side of the slough, taking low water mark on the gauge at Evansville as the base, and from the section line between secs. 14 and 15 to the point where meander line ends in section 31, T. 6 S., R. 10 W. The difference of elevation in the water surface at those extreme points is 16 inches.

Accompanying this report is a map of the lands lying between Evansville and a point opposite the mouth of Green River on a scale of 10 chains to an inch, showing section and meander lines, and the topography near the meander line, and marked Exhibit "C." Also a cross section of the levels taken, marked Exhibit "F."

Respectfully submitted.

Jan'y 22d, 1896.

C. C. GENUNG.

C. E. and S. V. C.

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