[160 U.S. 688, 690] R. F. Walker, for complainant.
Milton Remley, for defendant.
PER CURIAM. [160 U.S. 688, 691] This cause coming on to be heard on the original bill filed herein by the state of Missouri against the state of Iowa, the answer thereto by the state of Iowa, and the reply to said answer by the state of Missouri, and the pleadings and stipulations filed herein by counsel for the respective parties having been duly considered, and the decrees heretofore rendered by this court on February 13, 1849 (7 How. 660), and on January 3, 1851 ( 10 How. 1), with the report of commissioners forming part thereof, in a cause then pending before this court between the said states of Missouri and Iowa in regard to the same boundary line now in controversy having been examined:
It is, thereupon, this 3d day of February, A. D. 1896, ordered, adjudged, and decreed, that the ture and proper northern boundary line of the state of Missouri and the true and proper southern boundary line of the state of Iowa is the line run, located, marked, and defined by Hendershott and Minor, commissioners of this court, under the order and decree of this court, as set forth in their report annexed to said decree of January 3, 1851. And it appearing further to the court that the proper boundary line between said states, run, located, and established by Hendershott and Minor, as aforesaid, has, between the fiftieth and fifty- fifth mile posts on the same, become obliterated, and that the monuments originally placed thereon have been destroyed, therefore it is further ordered, adjudged, and decreed that James Harding, of the state of Missouri, Peter Dey, of the state of Iowa, and Dwight C. Morgan, of the state of Illinois, be, and they are hereby, appointed commissioners to find and re-mark, with proper and durable monuments, such portions of said lines so run, marked, and located by Hendershott and Minor as have become obliterated, especially between the fiftieth and fifty-fifth mile posts on the same, and that they begin and end such survey at such points along said line as will enable them to definitely re-locate and re-designate the same.
It is further ordered that the clerk of this court at once forward to the chief magistrate of each of said states, and to each of the commissioners designated by this decree, a copy of said decree, duly authenticated, and that said commissioners [160 U.S. 688, 692] request the co-operation and assistance of the state authorities in the performance of the duties imposed upon them by this decree, and proceed with all convenient speed to discharge their duty in re-locating and re- marking such portions of said line as have become obliterated, as herein directed, and make their report thereof, and of their proceedings in the premises, to this court, on or before the 1st day of May, 1896, together with a complete bill of costs and charges annexed.
And it is further ordered that, should either of said commissioners die or refuse to act, or be unable to perform the duties required by this decree, while the court is not in session, the Chief Justice is hereby authorized and empowered to appoint another commissioner to supply the vacancy, and he is authorized to act on such information in the premises as may be satisfactory to himself.
It is further ordered that all costs of this proceeding, including not exceeding $10 per day for each commissioner, and the other costs incident to the marking and establishment of this line, shall be paid by the states of Missouri and Iowa equally.