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Decree of the Court.

from the fortieth to the sixtieth mile east of the initial point as the said mile posts were relocated and marked by James Harding, Peter A. Dey and Dwight C. Morgan, commissioners, in 1896.

“The distances are given to the nearest tenth of a metre and to the nearest half foot, and the bearings or azimuths to the nearest quarter minute.

“The azimuth is reckoned from the south point as zero in the direction of west, north, and east successively — i.e., 90° means due west, 270o due east, etc.

"The convergence of the meridians is 444 seconds for each mile. The bearings going west, or back azimuths, are therefore in each case three-fourths of a minute greater than the eastern or direct azimuths.

“ Mile.

Azimuth.

Back azimuth.

Distance.

40 to 41 41 to 42 42 to 43 43 to 44 44 to 45 45 to 46 46 to 47 47 to 48 48 to 49 49 to 50 50 to 51 51 to 52 52 to 53 53 to 54 54 to 55 55 to 56 56 to 57 57 to 58 58 to 59 59 to 60

268° 574'
268 584
269 203
269 581
269 523
269 51
269 11
268 554
268 567
269 164
269 043
268 107
268 178
268 183
268 573
269 33
269 331
270 48
270 364
270 39

88° 584
88 597
89 211
89 593
89 535
89 514
89 114
88 561
88 57
89 174
89 051
88 11
88 189
88 191
88 587
89 33
89 345
90 481
90 375
90 394

Metres.
1,610.1
1,610.1
1,610.1
1,603.8
1,616.7
1,610.2
1,610.1
1,610.1
1,612.7
1,608.3
1,613.3
1,595.8
1,626.1
1,613.2
1,611.5
1,611.5
1,611.5
1,612.0
1,613.8
1,613.8

Feet. 5,282 5,282 5,282 5,2613 5,304 5,283 5,282 5,2821 5,291 5,2763 5,293 5,2355 5,335 5,2923 5,287 5,287 5,287 5,289 5,2945 5,2941

Decree of the Court.

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Ottsets from Base Line.
M.

M. 6 Mon't No. 10, 3.3= 11 ft. N. Mon't No. 51, 23.7 = 78 ft. S. 41, 8.8= 29

52, 7.6= 25 12, 11.3= 47

53, 36.2=119 43, 9.8= 32

54, 61.8=212 4, 12.1= 10 S.

55, 75.4=217 1.), 31.0=102

56, 69.5=228 46, 48.7=160

57, 63.7=209 17, 47.3=155

58, 23.1= 77 18, 38.3=125"

59, 11.3= 37 56 S. 19, 29.= 96!

60, 46.6=153 50, 29.6= 97

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" Note on the Reduction and Results of the Astronomical 01

servations at Lineville, Iowa. * For latitude the observed altitudes of Polaris were reduced by the method and table given on page 534 of the American Ephemeris, with the result:

" Approximate latitude = 40° 31'.6.

Comparisons of local mean time, obtained by sextant observations of the sun, with railroad time signals, gave the following result :

“* Approximate longitude (W. of Greenwich) = 93° 32'.

- For azimuth the observations of Polaris were reduced by the formula

sint
tan A
COS O tan o sin o cos

7
in which the letters have the following significations :

66

A the azimuth of the star at the instant of observation.

t=the hour angle ò= the declination $ = the latitude of the place.

“Resulting azimuth of base line = 89° 21' 49" east of north.

“ These results transferred to the monuments at each end of this 20-mile section give the following:

Decree of the Court.

Lat. 10-mile mon't......... 40° 37'.4 60-mile mon't..

40 34.6

Long. 93° 51' 93 25

Azimuth. 269° 14' 49"!

89 29 40

the azimuth at each point being the bearing of the straight line joining the two points."

[merged small][graphic][merged small]

Photograph of a section of the ouk tree at the Fifty-second mile point, supposed to be witness tree in the Towa- Missouri boundary. The dark line indicates the size of the stem fifty years ago.

Decree of the Court.

“ APPENDIX B. “ Account of Expenses Incident to the Relocation and Re

marking the Boundary Line between the States of Missouri and Iowa from the 40th to the 60th Mile Point, under Decree of the Supreme Court of the United States, Febru

ary 5, 1896. “Pay of engineers : W.C. Hodgkins, (U.S. Geodetic Survey

Corps,) 74 days@ $5.00..... ..$370 00 A. L. Baldwin, (U. S. Geodetic Survey

Corps,) 41 days@$5.00..... 205 00 Transportation from Washington, D.C. 77 75

to Salina, Kansas. ... 41 14 Freight on instruments returned to Washington ...

8 32

702 21 Pay of one assistant (14 days @ $2.50) and laborers....

190 50 Subsistence of parties in field....

421 75 Hire of teams and drivers and feed for teams.. 342 25 Paid for eighteen granite monuments in place.. 922 00 Miscellaneous expenses paid, (telegrams, town

ship plats, signal materials, clerical work and typewriting, repairs of instruments, storage, &c., &c.)...

171 60 Advertising, Missouri and Iowa.....

133 30 Commissioners : James Harding, comm. for Missouri, 78 days @ $10.00..

780 00 James Harding, travelling expenses .

161 85

941 85 Peter A. Dey, comm. for Iowa, 60 days @ $10.00..

600 00 Peter A. Dey, travelling expenses.

189 47

789 47 Dwight C. Morgan, comm. 46 days @ $10.00

460 00 Dwight C. Morgan, travelling expenses 198 63

658 63

Total....

$5,273 56" Syllabus.

And it is ordered, adjudged and decreed that the boundary line between said States of Missouri and Iowa in controversy herein be, and it is hereby, established and declared to be, as delineated and set forth in said report.

It is further ordered, adjudged and decreed that the compensation and expenses of the commissioners and the expenditures attendant upon the discharge of their duties be, and they are hereby, allowed at the sum of five thousand two hundred and seventy-three dollars and fifty-six cents ($5,273.56), in accordance with their report as confirmed as aforesaid, and that said charges and expenses with the costs of this suit to be taxed be equally divided between the parties hereto.

And it is further
Ordered, adjudged and decreed that the clerk of this court

forthwith transmit to the Chief Magistrates of the States
of Missouri and Iowa copies of this decree, duly authenti-
cated under the seal of this court.

HUSSMAN v. DURHAM.

ERROR TO THE SUPREME COURT OF THE STATE OF IOWA.

No. 66. Argued and submitted January 5, 1897. - Decided January 18, 1897.

In 1858, C. located a bounty land warrant issued to L. under the act of

March 3, 1855, c. 207, taking a certificate of location, which was recorded in the office of the recorder in the county in which the land was situated. No patent was issued. In 1864, under authority of the act of June 23, 1860, c. 203, but without notice to C., the Secretary of the Interior cancelled that warrant. It was admitted that the assignment upon it, purporting to be that of L., was a forgery. On the records of the land department up to 1886 it appeared that a full and equitable title to the land had passed to C., and in that year D. having obtained conveyances from C., applied to the land department for leave to purchase on payment of the regular price and his application was granted. Meanwhile the land had been sold for non-payment of state taxes, and the tax title had passed into H. D. commenced suit against H. to quiet title, and the Supreme Court of Iowa sustained the decree of the trial court in his favor. Held,

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