This cause came on to be heard on the report of Gustavus V. Menzies, Gaston M. Alves, and Amos Stickney, commissioners appointed herein at this term, on October 21, 1895 (16 Sup. Ct. 320), to ascertain and run the boundary line between the states of Kentucky and Indiana, as designated in the opinion of this court heretofore filed, and judgment and ecree heretofore entered herein, May 19, 1890 (10 Sup. Ct. 1051), filed April 27, 1896, the exceptions of the state of Kentucky thereto, and the motion of the state of Indiana for the confirmation thereof, and which report is as follows:
'In the Supreme Court of the United States.
October Term, 1895.
'Indiana vs. Kentucky.
'To the Honorable Melville W. Fuller, Chief Justice of the Supreme Court of the United States:
'The undersigned commissioners, appointed by this honorable court, in the above-entitled cause, to ascertain and run the boundary line between the states of Indiana and Kentucky, north of the tract known as 'Green River Island,' have the honor to present the following report:
'The first meeting of the commission was held at Evansville, Indiana, on December 7th, 1895, all the commissioners being present; and, each commissioner having been sworn according to the order of the court, the commission organized by electing Lieut.-Col. Amos Stickney, U.S. army, as chairman.
'At this meeting there were present Mr. R. H. Cunningham, of Henderson, Ky., representing the state of Kentucky; Mr. Merril Moores, deputy attorney general of the state of Indiana, representing that state, and Mr. J. E. Williamson, of Evansville, Indiana, representing a number of landowners along the line where the boundary is to be ascertained and run.
'The above-mentioned gentlemen, being invited thereto, expressed their views in a general way as to a proper method of determining the boundary line to be run between the states of Indiana and Kentucky to accord with the decision of this court. Neither in the order of your honorable court appointing the commissioners, nor subsequently, were your commissioners instructed as to the methods they should pursue in ascertaining the boundary line to be run. They therefore assumed that it was the intention of the court to leave them untrammeled with instruction other than such as were to be inferred-First, from the decision of the court; and, second, from the testimony upon which that decision was made.
'Your commissioners then proceeded to, and made a personal examination of, the grounds where the boundary line was to be ascertained and run. After this examination, and a consideration of the subject in the light of the court's decision and the testimony, it was concluded that a determination of a proper location of the boundary line would require the marking out upon the ground, as nearly as possible, of the meandered river bank lines of the survey of Jacob Fowler, made in 1805 and 1806, the oldest survey of record, copies of the map and notes of which were incorporated and unchallenged in the testimony in the case.
'A competent surveyor was employed, in the person of Mr. C. C. Genung, surveyor of Vanderburgh county, Indiana, who was familiar with the county records, and the landmarks in the vicinity of the proposed line. Mr. Genung was instructed to proceed as soon as possible, under the direction of the chairman, to re-establish upon the ground, as nearly as practicable, the aforesaid meander line of the survey of 1805 and 1806, using every precaution to determine said line as accurately as might be, from the notes of the survey, and such marks referred to in the notes, and other authenticated marks as might be found.
'He was also directed to make cross sections at intervals, by leveling across the depression pression now existing, where the island chute once was, and determine the present crests of the banks.
'Mr. Genung performed the duty allotted to him, and made a map exhibiting the result of his surveys.