MISSISSIPPI v. LOUISIANA

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United States Supreme Court

MISSISSIPPI v. LOUISIANA, (1955)

No. 11

Argued: October 11, 1955    Decided: October 11, 1955

Final decree fixing the true boundary between Mississippi and Louisiana at certain points on the Mississippi River.

D. K. McKamy served as Special Master by appointment of the Court, 346 U.S. 862 .

Gerard H. Brandon and James D. Thomas, Special Assistant Attorneys General, argued the cause for the State of Mississippi, plaintiff. With them on the brief were J. P. Coleman, Attorney General, and Clarence Clifton and Charles Kohlmeyer, Associate Attorneys.

Ashton L. Stewart, Special Assistant Attorney General, argued the cause for the State of Louisiana, defendant. With him on the brief were Fred S. LeBlanc, Attorney General, John L. Madden, Assistant Attorney General, and Edgar H. Lancaster, Jr. and Lane Fuller, Special Assistant Attorneys General.

DECREE.

This cause having been submitted upon the pleadings, evidence and exhibits after arguments by counsel upon the exceptions of the State of Louisiana to the Report of the Special Master, the Court, having duly considered the same and being fully advised in the premises, now enters the following order:

The exceptions to the Report of the Special Master are overruled. The Report of the Special Master is adopted and his proposed decree is approved and

It is Ordered, Adjudged and Decreed that the true boundaries between the States of Mississippi and Louisiana at the places involved in this case be and they hereby are found and concluded to be as follows: [350 U.S. 5, 6]  

Description by geodetic positions (North American Datum) of the line that forms the Mississippi-Louisiana state boundary between Latitude 32ø 15' and 32ø 09' and Longitude 90ø 58' to 91ø 07', that is, in the area commonly known as Reed-Bedford, Oak Bend, Diamond Island and Diamond Point.

Beginning at a point where the live thalweg of the Mississippi River crosses the line 32ø 15' North Latitude;

Thence Southward along the live thalweg of the Mississippi River to a point where the live thalweg crosses the line that runs South 60ø East from the point that is at Lat. 32ø 11' 34" - Long. 90ø 59' 47".

Thence leaving the thalweg of the Mississippi River and running North 60ø West to the point being at Lat. 32ø 11' 34" - Long. 90ø 59' 47";

Thence running Westward along the dead thalweg of the abandoned channel of the Mississippi River (lower Oak Bend) to a point that is at Lat. 32ø 11' 29" - Long. 91ø 00' (S-5, Smith Exhibit 5).

Thence leaving the dead thalweg of the abandoned channel of lower Oak Bend and running Northward (along the Suter line, Smith Exhibit 5) to a point that is at Lat. 32ø 11' 46" - Long. 91ø 00' 09" (S-4, Smith Exhibit 5);

Thence Northward to a point that is at Lat. 32ø 11' 51" - Long. 91ø 00' 11" (S-3, Smith Exhibit 5);

Thence Northward to a point that is at Lat. 32ø 12' 44" - Long. 91ø 00' 20" (S-2, Smith Exhibit 5);

Thence Northward to a point that is at Lat. 32ø 13' 09" - Long. 91ø 00' 14" (S-1, Smith Exhibit 5);

Thence Northward to a point that is at Lat. 32ø 13' 21" - Long. 91ø 00' 10" (S, Smith Exhibit 5).

Thence running Westward along the dead thalweg of the abandoned channel of the Mississippi River that loops around the Northern side of Diamond Island (Diamond Island Towhead) to a point that is at Lat. 32ø 13' 22" - Long. 91ø 00' 13"; [350 U.S. 5, 7]  

Thence Westward to a point that is at Lat. 32ø 13' 26" - Long. 91ø 00' 22";

Thence Westward to a point that is at Lat. 32ø 13' 31" - Long. 91ø 00' 30";

Thence Westward to a point that is at Lat. 32ø 13' 36" - Long. 91ø 00' 37";

Thence Westward to a point that is at Lat. 32ø 13' 44" - Long. 91ø 00' 47";

Thence Westward to a point that is at Lat. 32ø 13' 49" - Long. 91ø 00' 53";

Thence Westward to a point that is at Lat. 32ø 13' 55" - Long. 91ø 01';

Thence Westward to a point that is at Lat. 32ø 14' - Long. 91ø 01' 05";

Thence Westward to a point that is at Lat. 32ø 14' 09" - Long. 91ø 01' 15";

Thence Westward to a point that is at Lat. 32ø 14' 17" - Long. 91ø 01' 29";

Thence Westward to a point that is at Lat. 32ø 14' 23" - Long. 91ø 01' 43";

Thence Westward to a point that is at Lat. 32ø 14' 29" - Long. 91ø 02';

Thence Westward to a point that is at Lat. 32ø 14' 32" - Long. 91ø 02' 16";

Thence Southward to a point that is at Lat. 32ø 14' 31" - Long. 91ø 02' 33";

Thence Southward to a point that is at Lat. 32ø 14' 26" - Long. 91ø 02' 48";

Thence Southward to a point that is at Lat. 32ø 14' 16" - Long. 91ø 03';

Thence Southward to a point that is at Lat. 32ø 14' 00" - Long. 91ø 03' 06";

Thence Southward to a point that is at Lat. 32ø 13' 54" - Long. 91ø 03' 08" ("C" Smith Exhibit 5).

Thence running Southward (along Smith line "C" Exhibit 5) to the point that is Lat. 32ø 13' 41" - Long. 91ø 03' 10" (C-1 Smith Exhibit 5); [350 U.S. 5, 8]  

Thence Southward to the point that is at Lat. 32ø 13' 31" - Long. 91ø 03' 16" (C-2 Smith Exhibit 5);

Thence Southward to the point that is at Lat. 32ø 13' 07" - Long. 91ø 03' 40" (C-3 Smith Exhibit 5).

Thence running Westwardly along the dead thalweg of the abandoned channel of the Mississippi River (lower Oak Bend) to the point that is at Lat. 32ø 13' 23" - Long. 91ø 04';

Thence Westwardly to a point, Lat. 32ø 13' 37" - Long. 91ø 04' 30";

Thence Westwardly to a point, Lat. 32ø 13' 35" - Long. 91ø 05';

Thence Westwardly to a point, Lat. 32ø 13' 26" - Long. 91ø 05' 30";

Thence Westwardly to a point, Lat. 32ø 13' 04" - Long. 91ø 06';

Thence Westwardly to a point, Lat. 32ø 12' 30" - Long. 91ø 06' 28";

Thence Westwardly to a point at the head of Palmyra Lake and Kellogg Lake (where the Northern and Western boundary of Diamond Point ends and which is point of beginning of the Southern boundary of Diamond Point), Lat. 32ø 12' 24" - Long. 91ø 06' 44";

Thence Westwardly along the thalweg of Palmyra Lake to a point, Lat. 32ø 12' 26" - Long. 91ø 07'.

That portion of the Southern boundary of Diamond Point that also forms the Mississippi-Louisiana state boundary is described as follows:

Beginning at the thalweg of the Mississippi River at the lower end of Diamond Point Cut-off at a point, being at Lat. 32ø 09' 46" - Long. 91ø 00' (Smith Exhibit 5);

Thence Westwardly along the dead thalweg of the abandoned channel of the Mississippi River and so-called Kellogg Lake to a point, Lat. 32ø 09' 43" - Long. 91ø 00' 30";

Thence Westwardly to a point, Lat. 32ø 09' 40" - Long. 91ø 01'; [350 U.S. 5, 9]  

Thence Westwardly to a point, Lat. 32ø 09' 45" - Long. 91ø 01' 30";

Thence Westwardly to a point, Lat. 32ø 10' - Long. 91ø 01' 52";

Thence Westwardly to a point, Lat. 32ø 10' 07" - Long. 91ø 02';

Thence Westwardly to a point, Lat. 32ø 10' 27" - Long. 91ø 02' 29";

Thence Westwardly to a point, Lat. 32ø 10' 41" - Long. 91ø 03';

Thence Westwardly to a point, Lat. 32ø 10' 50" - Long. 91ø 03' 30";

The following portion of this description is inserted here to complete the Southern boundary of Diamond Point and to join the two portions of the Mississippi-Louisiana state boundary:

Thence continuing Westwardly along the dead thalweg in the abandoned channel of the Mississippi River and so-called Kellogg Lake to a point, Lat. 32ø 10' 54" - Long. 91ø 04';

Thence Westwardly to a point, Lat. 32ø 11' - Long. 91ø 04' 18";

Thence Westwardly to a point, Lat. 32ø 11' 03" - Long. 91ø 04' 30";

Thence Westwardly to a point, Lat. 32ø 11' 11" - Long. 91ø 05';

Thence Westwardly to a point, Lat. 32ø 11' 25" - Long. 91ø 05' 30";

Thence Westwardly to a point, Lat. 32ø 11' 44" - Long. 91ø 06';

Thence Westwardly to a point, Lat. 32ø 12' - Long. 91ø 06' 10";

Thence Westwardly to a point, Lat. 32ø 12' 07" - Long. 91ø 06' 15";

Thence Westwardly to a point, Lat. 32ø 12' 20" - Long. 91ø 06' 30"; [350 U.S. 5, 10]  

Thence Westwardly to a point, Lat. 32ø 12' 24" - Long. 91ø 06' 44" (being the point at the head of Palmyra Lake and Kellogg Lake where the Northern and Western boundary of Diamond Point ends and joins with the Southern boundary of Diamond Point).

The costs of this suit are equally divided between the two States, plaintiff and defendant. [350 U.S. 5, 11]  

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