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    STATE OF KANSAS v. STATE OF MISSOURI, 322 U.S. 654 (1944)

    U.S. Supreme Court

    STATE OF KANSAS v. STATE OF MISSOURI, 322 U.S. 654 (1944)

    322 U.S. 654

    STATE OF KANSAS, Complainant,
    v.
    STATE OF MISSOURI.

    No. 9, Original.

    Decree June 5, 1944

    Decree.

    This cause having been submitted upon the pleadings, evidence and exhibits, after arguments by counsel, and upon the Master's Report, and the Court having duly considered same and being sufficiently advised,

    It is ordered, adjudged and decreed that the boundary line between the States of Kansas and Missouri, which extends from the intersection of the Missouri River with the 40th parallel, north latitude, southward to the middle of the mouth of the Kaw or Kansas River, be and it is hereby established as the middle line of the main navigable channel of said Missouri River as said river flowed at the time of the filing of Complainant's Bill of Complaint herein, throughout the entire course of said river from its intersection with the 40th parallel, north latitude, southward to the middle of the mouth of the Kaw or Kansas River, with the exception of such deviations and departures from the course of said Missouri River, as it then flowed, as are covered by and provided for in the written stipulations between the parties and are incorporated in the description of said entire boundary hereinafter set forth.

    The boundary line hereinbefore mentioned and hereby established is more particularly described as follows, to-wit:

    Beginning with the fortieth parallel of north latitude, the same being the boundary between the State of Kansas and the State of Nebraska, ( at its intersection with the Missouri River) thence down the course or channel of the said Missouri River to a place therein opposite which the left bank thereof is a point 15.50 chains West and 9.75 chains South of the Northwest corner of Section Fourteen, [322 U.S. 654, 655]   Township One-South, Range Nineteen-East, Doniphan County, Kansas. Thence departing upon and from the left bank (at a point 15.50 chains south of the Northwest Corner of Section Fourteen, Township One-South, Range Nineteen-East, Doniphan County, Kansas) of the present course or channel of the said Missouri River and running North forty degrees thirty- three minutes east for a distance of 34.33 chains. Thence North 73 degrees 0 minutes East for a distance of 20.89 chains. Thence North 72 degrees 30 minutes East for a distance of 21.30 chains. Thence North 73 degrees 40 minutes East for a distance of 5.22 chains , (the same being a point 14.44 chains South of the Southwest Corner of Section 26, Township Sixty North, Range Thirty-Nine West, Holt County, Missouri). Thence North 73 degrees 40 minutes East for a distance of 8.59 chains. Thence North 74 degrees 45 minutes East for a distance of 10.01 chains. Thence North 72 degrees 15 minutes East for a distance of 12.09 chains. Thence North 77 degrees 0 minutes East for a distance of 1.32 chains ( the same being a point 36.24 chains North of the Northwest corner of Section Thirteen, Township One-South, Range Nineteen-East, Doniphan County, Kansas). Thence North 73 degrees 45 minutes East for a distance of 6.99 chains ( the same being a point 3.57 chains South of the quarter section corner on the South side of Section Twenty-Six, Township Sixty North, Range Thirty- Nine West, Holt County, Missouri). Thence North 73 degrees 45 minutes East for a distance of 33.35 chains (the same being a point 7.75 chains North of the center of Section Twelve, Township One South, Range Nineteen East, Doniphan County, Kansas). Thence South 85 degrees 0 minutes East for a distance of 40.20 chains. Thence South 83 degrees 30 minutes East for a distance of 8.00 chains ( the same being a point 38.66 chains South of the center of Section Twenty- Five, Township Sixty North, Range Thirty-Nine West, Holt County, Missouri). Thence South 83 degrees 30 minutes East for a distance of 4.95 chains. Thence South 82 degrees 45 minutes East for a distance of 11.01 chains. Thence South 80 degrees 30 minutes East for a distance of 9.91 chains. Thence South 80 degrees 0 minutes East for a distance of 8.95 chains. Thence South 46 degrees 0 minutes East for a distance of 8.67 chains. Thence South 42 degrees 30 minutes East for a distance of 10.45 chains. Thence South 38 degrees 0 minutes East for a distance of 10.98 chains. [322 U.S. 654, 656]   Thence South 40 degrees 30 minutes East for a distance of 9.99 chains. Thence South 38 degrees 0 minutes East for a distance of 9.89 chains ( the same being to the center of the road). Thence South 18 degrees 0 minutes East for a distance of 12.57 chains. Thence South 14 degrees 26 minutes East for a distance of 13.72 chains. Thence South 8 degrees 30 minutes West for a distance of 11.74 chains ( the same being a point 40.52 chains West of the Southeast Corner of Section Thirty-One, Township Sixty North, Range, Thirty-Eight West, Holt County, Missouri). Thence South 8 degrees 30 minutes West for a distance of 5.60 chains. Thence South 12 degrees 30 minutes West for a distance of 12.22 chains. Thence South 19 degrees 30 minutes West for a distance of 8.98 chains. Thence South 25 degrees 0 minutes West for a distance of 15.50 chains ( the same being a point 52.98 chains West and 1.24 chains South of the east quarter corner of Section Six, Township Fifty-Nine North, Range Thirty- Eight West, Holt County, Missouri, which point also is 68.80 chains East of and 0.47 chains South of the corner to Sections Thirteen (13), Eighteen ( 18), Nineteen (19), Twenty-Four (24) in Township One South Ranges Nineteen and Twenty East, Doniphan County, Kansas). Thence South 36 degrees 45 minutes West for a distance of 21.00 chains. Thence South 28 degrees 30 minutes West for a distance of 18.50 chains. Thence South 38 degrees 15 minutes West (for a distance of 36.30 chains) to the left bank of the Missouri River, at which latter point the said boundary returns to the left bank of the present course or channel of the said Missouri River and from there down the course or channel of the said Missouri River to the place therein where the said Missouri River intersects the West line of Section Twenty-Eight, Township Fifty-Nine North, Range Thirty-Eight West, Holt County, Missouri. Thence from the place where the Missouri River intersects the West line of Section Twenty-Eight, Township Fifty-Nine North, Range Thirty- Eight West, Holt County, Missouri, on down the course or channel of the said Missouri River, and with the middle line of the main navigable channel if said Missouri River as the same flowed on the 27th day of May, 1940, through the section of said river known as Forbes Bend, in a general easterly and southeasterly direction downstream to the lower end of Forbes Bend to a point in the present course or channel [322 U.S. 654, 657]   of said Missouri River opposite which the left bank of said river intersects the North and South center section line of Section One, Township Fifty-Eight North, Range Thirty-Eight West, in Holt County, Missouri, and then beginning at said point in the present course or channel of the said Missouri River opposite which point the left bank of the said Missouri River intersects the North and South center section line of Section One, Township Fifty-Eight North, Range Thirty-Eight West, in Holt County, Missouri, and thence proceeding down the course or channel of the said Missouri River to the place therein opposite which the left bank of said Missouri River is a point 2216 feet West and 2096 feet South of the Northeast corner of the Northwest quarter Section Twenty-Two, Township Two South, Range Twenty-One East in Doniphan County, Kansas.

    Thence departing upon and from the left bank (at a point 2216 feet West and 2096 feet South of the Northeast corner of the Northwest quarter of Section Twenty-Two, Township Two South, Range Twenty-One East in Doniphan County, Kansas) of the present course or channel of the said Missouri River and running thence North 19 degrees 13 minutes East, 2200 feet.

    Thence North 46 degrees 30 minutes East, 4312 feet.

    Thence North 29 degrees 40 minutes East, 5104 feet.

    Thence North 35 degrees 45 minutes East, 3432 feet.

    Thence North 44 degrees 10 minutes East, 660 feet to a point 1298 feet West of the Northwest corner of Section Twelve, Township Two South, Range Twenty-One East in Doniphan County, Kansas.

    Thence in a Northeasterly direction for a distance of 1868 feet to a point on the West line of Section One, Township Two South, Range Twenty- One East in Doniphan County, Kansas, which latter point on said West line of said Section One is 1350 feet North of the Southwest corner of said Section One.

    Thence North 60 degrees 00 minutes East, 1188 feet.

    Thence North 66 degrees 25 minutes East, 1960 feet to a point 820 feet South of the Southwest corner of Section Twenty-Four, Township Fifty- Nine North, Range Thirty-Seven West in Holt County, Missouri.

    Thence North 85 degrees 05 minutes East 2618 feet to a point 534.6 feet South of the South quarter corner of Section Twenty-Four, Township Fifty-Nine North, Range Thirty-Seven West in Holt County, Missouri. [322 U.S. 654, 658]   Thence South 78 degrees 00 minutes East, 2409 feet. Thence South 60 degrees 00 minutes East, 2323 feet. Thence South 43 degrees 30 minutes East, 2748 feet to the left bank of the Missouri River (the same being a point 561 feet upstream from U.S. River Marker numbered 482) at which latter point the said boundary returns upon the left bank of the said Missouri River to the present course or channel of the said Missouri River. Thence down the course or channel of the said Missouri River to the place therein opposite which the right bank thereof intersects the south line of Section Ten, Township Five South, Range Twenty-One East in Doniphan County, Kansas. Thence departing upon and from the right bank of said Missouri River and running thence West upon the South line of said Section Ten, Township Five South, Range Twenty-One East in Doniphan County, Kansas, to the Southwest corner of said Section Ten. Thence North on the West line of said Section Ten for a distance of 1322 feet. Thence North 18 degrees 25 minutes West, 1122 feet. Thence North 61 degrees 53 minutes West, 793 feet. Thence South 88 degrees 21 minutes West 3434 feet to the West line of Ogden land. Thence South 89 degrees 40 minutes West, 1783 feet on the South line of the Koch land. Thence South 10 degrees 03 minutes West, 309 feet. Thence South 43 degrees 36 minutes East, 196 feet (along center of road). Thence South 24 degrees 30 minutes West, 504 feet. Thence South 27 degrees 00 minutes West, 282 feet (to top of levee). Thence South 32 degrees 30 minutes West, 360 feet (across ditch). Thence South 35 degrees 34 minutes West, 245 feet. Thence South 34 degrees 18 minutes West, 809 feet. Thence South 30 degrees 25 minutes West, 132 feet. Thence South 14 degrees 13 minutes West, 1254 feet, to a point ( marked by an old fence corner post) on the North line of Atchison County, Kansas, which point is 1571 feet East of the present East bank of Independence Creek. [322 U.S. 654, 659]   Thence South 00 degrees 00 minutes West, 500 feet. Thence South 00 degrees 11 minutes West, 750.65 feet. Thence South 14 degrees 37 minutes West, 749.35 feet.

    Thence South 14 degrees 45 minutes West, 800.00 feet. Thence South 14 degrees 55 minutes West, 1000.00 feet.

    Thence South 15 degrees 14 minutes West, 1200.00 feet. Thence South 15 degrees 02 minutes West, 1000.00 feet.

    Thence South 14 degrees 48 minutes West, 795.00 feet. Thence North 71 degrees 46 minutes East, 117.00 feet.

    Thence North 48 degrees 20 minutes East, 100.00 feet. Thence North 00 degrees 52 minutes West, 158.75 feet.

    Thence North 53 degrees 36 minutes East, 259.90 feet. Thence North 62 degrees 28 minutes East, 159.60 feet.

    Thence North 85 degrees 16 minutes East, 326.10 feet. Thence South 57 degrees 06 minutes East, 519.35 feet.

    Thence South 63 degrees 26 minutes East, 268.0 feet. Thence North 86 degrees 19 minutes East, 412.0 feet.

    Thence South 57 degrees 46 minutes East, 536.0 feet. Thence North 71 degrees 46 minutes East, 124.0 feet.

    Thence North 12 degrees 34 minutes West, 328.1 feet. Thence North 16 degrees 23 minutes East, 295.8 feet.

    Thence North 40 degrees 17 minutes East, 238.8 feet. Thence North 71 degrees 29 minutes East, 166.7 feet.

    Thence South 48 degrees 13 minutes East, 201.2 feet. Thence North 74 degrees 21 minutes East, 694.6 feet.

    Thence North 41 degrees 51 minutes East, 125.0 feet. Thence North 33 degrees 47 minutes East, 59.2 feet.

    Thence North 57 degrees 55 minutes East, 193.9 feet. Thence South 87 degrees 03 minutes East, 369.9 feet.

    Thence North 75 degrees 39 minutes East, 285.5 feet. Thence North 80 degrees 36 minutes East, 361.1 feet.

    Thence South 82 degrees 23 minutes East, 304.0 feet. Thence South 59 degrees 00 minutes East, 187.7 feet.

    Thence South 34 degrees 54 minutes East, 173.1 feet. Thence South 24 degrees 54 minutes East, 268.1 feet. Thence South 05 degrees 46 minutes East 77.8 feet. [322 U.S. 654, 660]   Thence South 36 degrees 59 minutes West, 338.7 feet.

    Thence South 61 degrees 16 minutes West, 252.4 feet. Thence South 62 degrees 45 minutes West, 313.3 feet.

    Thence South 17 degrees 30 minutes West, 296.5 feet. Thence South 11 degrees 05 minutes West, 167.2 feet.

    Thence South 01 degrees 48 minutes West, 460.6 feet. Thence South 25 degrees 22 minutes East, 250.1 feet.

    Thence South 73 degrees 38 minutes East, 277.4 feet. Thence North 33 degrees 02 minutes East, 151.0 feet.

    Thence South 75 degrees 13 minutes East, 329.5 feet. Thence South 07 degrees 28 minutes East, 126.1 feet.

    Thence South 25 degrees 02 minutes West, 244.5 feet. Thence South 41 degrees 54 minutes West, 215.7 feet.

    Thence South 80 degrees 24 minutes West, 251.4 feet. Thence South 69 degrees 29 minutes West, 210.1 feet.

    Thence South 62 degrees 14 minutes West, 495.0 feet. Thence South 54 degrees 34 minutes West, 386.2 feet.

    Thence South 12 degrees 54 minutes West 443.1 feet. Thence South 60 degrees 06 minutes East, 263.3 feet.

    Thence South 02 degrees 56 minutes West, 283.3 feet. Thence South 80 degrees 36 minutes West, 136.4 feet.

    Thence South 64 degrees 04 minutes West, 192.8 feet. Thence South 62 degrees 04 minutes West, 236.8 feet.

    Thence South 57 degrees 44 minutes West, 342.2 feet. Thence South 62 degrees 54 minutes West, 293.0 feet.

    Thence South 73 degrees 24 minutes West, 230.0 feet. Thence South 60 degrees 22 minutes West, 267.4 feet.

    Thence South 49 degrees 36 minutes West, 344.1 feet. Thence South 49 degrees 36 minutes West, 200.0 feet.

    Thence South 49 degrees 36 minutes West, 71.4 feet (Northeast corner of St. Benedict's). Thence South 00 degrees 12 minutes West, 180.3 feet.

    Thence South 44 degrees 46 minutes West, 162.4 feet. Thence South 42 degrees 33 minutes West, 528.0 feet.

    Thence South 35 degrees 10 minutes West, 621.7 feet. Thence South 12 degrees 59 minutes West, 254.8 feet. [322 U.S. 654, 661]   Thence South 13 degrees 20 minutes West, 240.2 feet.

    Thence South 21 degrees 23 minutes West, 382.8 feet. Thence South 18 degrees 05 minutes West, 343.9 feet.

    Thence South 20 degrees 47 minutes West, 198.0 feet. Thence South 13 degrees 18 minutes West, 264.0 feet.

    Thence South 05 degrees 00 minutes West, 264.0 feet. Thence South 13 degrees 00 minutes West, 326.0 feet.

    Thence South 19 degrees 30 minutes West, 330 feet. Thence South 26 degrees 44 minutes West, 208.6 feet.

    Thence South 00 degrees 00 minutes West, 126.1 feet. Thence South 00 degrees 00 minutes West, 495.0 feet.

    Thence South 00 degrees 00 minutes West, 495.0 feet, to a point upon the right bank of the said Missouri River, at which latter point the said boundary returns upon the right bank of the said Missouri River to the present course or channel of the said Missouri River and running thence down the course or channel of the said Missiouri River to the place therein opposite which the left bank of the said Missouri River is 2898 feet East and 2124 feet South of the center of section 26, Township 54 North, Range 37 West in Platte County, Missouri, thence departing upon and from the left bank of the present course or channel of the said Missouri River, and running thence North to a point 1850 feet South and 258 feet East of the Southwest corner of Section 24, Township 54, Range 7, West of the 5th P.M. in Platte County, Missouri.

    Thence East 481 feet.

    Thence North 15 degrees 55 minutes East 1924 feet to the South line of the aforesaid Section 24.

    Thence East to the North and South center line of Section 6, Township 7, South, Range 22 East in Atchison County, Kansas.

    Thence North to a point 880 feet North of the center corner of said Kansas Section 6.

    Thence East one mile to a point 880 feet North of the center line of Kansas Section 5, Township 7 South, Range 22 East, in Atchison County, Kansas.

    Thence South 880 feet to the center of the aforesaid Kansas Section 5. [322 U.S. 654, 662]   Thence East 645 feet to the top of a levee.

    Thence South 17 degrees and 30 minutes East, along the top of said levee, 2772 feet.

    Thence South 14 degrees East, 2740 feet.

    Thence South 11 degrees and 30 minutes East 2721 feet to a point 130 feet East of the Southeast corner of Section 8, Township 7, Range 22 East of the 6th P.M. in Atchison County, Kansas.

    Thence South 5 degrees and 10 minutes East, along the center of a slough, 2969 feet to the left bank of the Missiouri River, the latter point being 1750 feet West of the Southeast corner, of the Southwest quarter of Fractional Section 32, Township 54, Range 36 West of 5th P.M., in Platte County, Missouri, at which latter point the said boundary returns upon the left bank of the said Missouri River to the present course or channel of the said Missouri River.

    Thence down the course or channel of the said Missouri River to the place therein opposite which the left bank of the said Missouri River is 1878 feet West and 1172 feet North of the West quarter corner of Section Thirty-Five, Township Seven South, Range Twenty-Two East in Leavenworth County, Kansas.

    Thence departing upon and from the left bank of the present course or channel of the said Missouri River and running

    Thence South 65 degrees 57 minutes East, 502 feet.

    Thence North 86 degrees 03 minutes East, 207 feet.

    Thence North 74 degrees 03 minutes East, 200 feet.

    Thence South 71 degrees 57 minutes East, 300 feet.

    Thence South 86 degrees 57 minutes East, 800 feet.

    Thence North 77 degrees 03 minutes East, 2 feet to a point on the West line of Section Thirty-Five, Township Seven South, Range Twenty-Two East in Leavenworth County, Kansas. Thence North 77 degrees 03 minutes East, 628 feet.

    Thence North 35 degrees 03 minutes East, 900 feet. Thence North 51 degrees 03 minutes East, 900 feet.

    Thence North 63 degrees 03 minutes East, 7 feet to a point on the north line of Section Thirty-Five, Township Seven South, Range Twenty-Two East in Leavenworth County, Kansas.

    Thence North 63 degrees 03 minutes East, 294 feet. [322 U.S. 654, 663]   Thence North 76 degrees 18 minutes East, 292 feet. Thence North 78 degrees 18 minutes East, 111 feet to a point on the north and south center section line of Section Twenty-Six, Township Seven South, Range Twenty-Two East in Leavenworth County, Kansas. Thence North 78 degrees 18 minutes East, 648 feet. Thence North 84 degrees 30 minutes East, 688 feet. Thence North 86 degrees 56 minutes East, 915 feet. Thence North 65 degrees 28 minutes East, 450 feet to a point on the East line of Section Twenty-Six, Township Seven South, Range Twenty-Two East in Leavenworth County, Kansas. Thence North 65 degrees 28 minutes East, 212 feet. Thence North 81 degrees 57 minutes East, 1054 feet. Thence North 86 degrees 29 minutes East, 301 feet. Thence South 87 degrees 11 minutes East, 350 feet. Thence South 85 degrees 31 minutes East, 382 feet. Thence South 84 degrees 30 minutes East 1478 feet. Thence South 80 degrees 00 minutes East, 628 feet. Thence South 72 degrees 31 minutes East, 196 feet to Bear Creek. Thence following the meander of said Bear Creek and running Thence South 39 degrees 03 minutes East, 601 feet to a point on the North line of Section Thirty-Six, Township Seven South, Range Twenty-Two East in Leavenworth County, Kansas. Thence South 39 degrees 03 minutes East, 609 feet to a point on the East line of Section Thirty-Six, Township Seven South, Range Twenty-Two East in Leavenworth County, Kansas. Thence South 39 degrees 03 minutes East, 231 feet. Thence South 41 degrees 39 minutes East, 1995 feet. Thence South 8 degrees 01 minute East, 505 feet to a point on the East and West center section line of Section Thirty-One, Township Seven South, Range Twenty-Three East in Leavenworth County, Kansas. Thence South 08 degrees 01 minutes East, 175 feet. Thence South 43 degrees 56 minutes East, 290 feet. Thence South 43 degrees 56 minutes East, 400 feet. Thence South 78 degrees 52 minutes East, 329 feet. Thence South 38 degrees 58 minutes East, 480 feet. Thence South 68 degrees 02 minutes East, 930 feet to a point upon the left bank of the Missouri River where the said Bear Creek [322 U.S. 654, 664]   empties into the said Missouri River and which latter point is 1039 feet North and 408 feet East of the South quarter corner of Section Thirty-One, Township Seven South, Range Twenty-Three East in Leavenworth County, Kansas, at which latter point the said boundary returns upon the left bank of the said Missouri River to the present course or channel of the said Missouri River and running thence down the course or channel of the said Missouri River to the mouth of the Kansas River.

    The State of Kansas, its officers, agents and representatives, its inhabitants, and all other persons, are perpetually enjoined from disputing or opposing the sovereignty, jurisdiction and dominion of the State of Missouri over the territory adjudged to said state by or in consequence of this decree; and the State of Missouri, its officers, agents and representatives, its inhabitants, and all other persons, are perpetually enjoined from disputing or opposing the sovereignty, jurisdiction and dominion of the State of Kansas over the territory adjudged to said state by or in consequence of this decree.

    That insofar as the claims asserted by Complainant, the State of Kansas, in its Bill and, particularly in paragraphs VI and VII thereof, with respect to the Forbes Bend area of the Missouri River, and the relief sought by said Complainant in and by said Bill, are at variance with the terms of the Foregoing decree, such claims and relief are denied and said Bill to this extent is dismissed.

    Both States having requested postponement of entry of an order directing the placing of suitable monuments or markers on the above designated boundary until they have had opportunity to consider exchanging certain lands and to make such exchanges, jurisdiction of this cause is retained for the purpose of entering such order at an appropriate time.

    The costs of this suit are equally divided between the two States, Complainant and Defendant, and this case is retained on the docket for further orders in fulfillment and enforcement of the provisions of this decree.

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