US SUPREME COURT DECISIONS

Messrs. Frank W. Clancy, of Santa Fe , N. M., W. R. Reber, of Columbus, N. M., T. B. Catron, of Santa Fe , N. M., and Thornton Hardie, of El Paso, Tex., for the State of New Mexico.

Messrs. W. W. Turney, of El Paso, Tex., C. M. Cureton, of Austin, Tex ., and C. W. Taylor, of Corsicana, Tex., for the State of Texas.

Mr. Justice SANFORD.

This cause having been heard and submitted upon the pleadings, the report of the special master, and the ex-

Page 276 U.S. 558, 559

ceptions thereto, and, the court having considered the same and announced its conclusions in an opinion of December 5, 1927, this day modified in certain respects, it is ordered, adjudged, and decreed as follows:

1. The exceptions of the state of New Mexico to the master's report are overruled, and the exceptions of the state of Texas are sustained.

2. The bill of the state of New Mexico is dismissed, and the cross- bill of the state of Texas sustained.

3. The true boundary between the state of New Mexico and the state of Texas in the valley of the Rio Grande river, extending southwardly from the parallel of 32 degrees north latitude to the parallel of 31 degrees 47 minutes on the international boundary between the United States of America and the United States of Mexico, is the middle of the channel of the Rio Grande river as it existed on the 9th day of September, 1850, as outlined by the special master in section V(1) of his report; the intersection of the east bank of the river with the line of the thirty-second parallel to be taken at a point 600 feet west from the Clark Monument No. 1 as re- established by the Scott-Cockrell Commission, and the middle line of the channel to be taken 150 feet from the east and west banks of the river, respectively, as found by the special master.

4. Samuel S. Gannett, geodetic and astronomic engineer, is designated as commissioner to run, locate, and mark the boundary between the two states as determined by this decree. In ascertaining and locating the line of said boundary, the commissioner shall use the most accurate method now known to science and applicable in that locality; and he shall mark the boundary, as thus ascertained, by establishing permanent monuments thereon, suitably marked, and at appropriate distances.

5. The commissioner shall include in his report a description of the monuments so established and of their locations. And he shall file with his report the field notes [276 U.S. 558, 560]

Full Text of Opinion