ILLINOIS v. MISSOURI, 399 U.S. 146 (1970)

United States Supreme Court

ILLINOIS v. MISSOURI(1970)

No. 18

Decided: June 22, 1970

William J. Scott, Attorney General of Illinois, and Terence F. MacCarthy, Special Assistant Attorney General, for plaintiff.

John Danforth, Attorney General of Missouri, and Merle L. Silverstein for defendant.

The Court having referred this case to a Special Master who has filed his Report, and the parties having agreed as to the form of the decree, the Findings of Fact and Conclusions of Law are hereby adopted, and

IT IS ORDERED, ADJUDGED, AND DECREED That:

(1) The boundary line between the States of Illinois and Missouri for the geographical area involved in this action is hereby determined and decreed to consist of the following legal description:

Beginning at a point in present centerline of the Mississippi River at the intersection of the centerline of the Old Mississippi River said point being designated as the Southeasterly corner of Kaskaskia Island; thence following the centerline of the slough which is the approximate centerline of the Old Mississippi River, described more particularly by the following courses and distances: S 39ø 30' W, 2100 feet; thence S 55ø 30' W, 900 feet; thence S 34ø 30' W, 850 feet; thence N 83ø 00' W, 500 feet; thence S 61ø 00' W, 1000 feet; thence S 42ø 30' W, 2500 feet; thence S 37ø 00' W, 4000 feet; thence S 45ø 00' W, 2000 feet; thence S 56ø 30' W, 4600 feet; thence S 63ø 00' W, 2150 feet; thence S 79ø 30' [399 U.S. 146, 147]   W, 1525 feet; thence N 86ø 30' W, 4500 feet; thence N 70ø 00' W, 5050 feet; thence N 57ø 30' W, 3850 feet; thence N 46ø 00' W, 1550 feet; thence N 24ø 00' W, 5650 feet; thence N 39ø 00' W, 1800 feet; thence N 17ø 00' W, 1900 feet; thence N 25ø 30' W, 3150 feet; thence N 32ø 00' W, 1580 feet; thence N 4ø 30' W, 3250 feet; thence N 53ø 45' E, 3300 feet; thence N 69ø 00' E, 1050 feet; thence 19ø 00' E, 2350 feet; thence N 75ø 00' E, 350 feet to a point at the northwest corner of Kaskaskia Island; thence S 47ø 00' E, 250 feet; thence N 81ø 00' E, 1050 feet; thence S 78ø 00' E, 600 feet; thence N 88ø 45' E, 1551 feet; thence N 70ø 45' E, 709 feet; thence N 48ø 30' E, 2986 feet; thence N 51ø 45' E, 627 feet; thence N 81ø 45' E, 990 feet; thence N 62ø 45' E, 495 feet; thence N 40ø 00' E, 2937 feet; thence N 28ø 00' E, 528 feet; thence N 04ø 00' E, 429 feet; thence N 12ø 00' W, 759 feet; thence N 6ø 00' E, 412 feet; thence N 33ø 00' E, 264 feet; to a point which intersects the centerline of a slough at the south side of Beaver Island; thence along the centerline of said slough S 85ø 00' W, 924 feet; thence S 79ø 00' W, 775 feet; thence N 88ø 00' W, 1452 feet; thence N 23ø 00' W, 825 feet; thence N 20ø 00' W, 3000 feet to the centerline of the Mississippi River.

(2) In incidence to the establishment of such boundary line, and upon Missouri's disclaimer herein, the territorial and sovereignty right claimed by Illinois to the body of land given identification in the evidence as "Kaskaskia Island" is hereby confirmed as against Missouri and decreed to exist in Illinois.

(3) In further incidence to the boundary establishment made, the territorial and sovereignty right claimed by Illinois to the body of land given identification in the [399 U.S. 146, 148]   evidence as "Beaver Island" is hereby confirmed as against Missouri and decreed to exist in Illinois.

(4) In similar incidence, the territorial and sovereignty right claimed by Missouri to each of the two bodies of land given identification severally in the evidence as "Cottonwoods" and "Roth Island" is hereby sustained as against Illinois and decreed to exist in Missouri.

(5) The boundary description decreed in paragraph (1) hereof is taken from Attachment "C" of the parties' stipulation as being agreed upon by them to be appropriate and accurate for dispositional use in the event of and in relation to the result here reached. The bodies of land as to which Illinois' rights are confirmed in paragraphs (2) and (3) hereof are located on Illinois' side of the boundary line fixed, and those as to which Missouri's rights are sustained in paragraph (4) hereof are located upon Missouri's side thereof, so that no separate description is here necessary as to any of these bodies in order to effectuate the rights decreed in respect to them.

(6) The costs of the suit shall be assessed equally against the parties.

MR. JUSTICE BLACKMUN took no part in the entry of this decree. [399 U.S. 146, 149]