STATE OF OKLAHOMA v. STATE OF TEXAS (UNITED STATES, Intervener).

265 U.S. 500 (44 S.Ct. 573, 68 L.Ed. 1121)

STATE OF OKLAHOMA v. STATE OF TEXAS (UNITED STATES, Intervener).

No. ___.

Decided: June 9, 1924

Perhaps the most impressive prerogative of the United States Supreme Court is its jurisdiction over controversies between states. Eliminating the necessity of diplomacy, and perchance a resort to the final arbitrament of war, the highest judicial tribunal of this country has during this litigation exercised its jurisdiction over this disputed area and frustrated occasion to employ the sword. The following resume of the various opinions, orders, and decrees will in a measure serve to indicate the diligence and perspicacity with which court and counsel and others engaged in determining the controversy have pursued the task to final determination:

April 1, 1920:

Order granting motion of the United States for leave to intervene for an injunction and for the appointment of a receiver; order granting injunction and appointing Jacob M. Dickinson receiver, also other matters. State of Oklahoma v. State of Texas, 252 U. S. 372, 40 Sup. Ct. 353, 64 L. Ed. 619.

April 13, 1920:

Frederic A. Delano appointed receiver, vice Jacob M. Dickinson declined. State of Oklahoma v. State of Texas, 252 U. S. 372, 40 Sup. Ct. 394, 64 L. Ed. 619.

June 7, 1920:

Motions of Judsonia Developing Association and others for leave to file petitions in intervention, granted. State of Oklahoma v. State of Texas, 40 Sup. Ct. 580.

Order instructing receiver. State of Oklahoma v. State of Texas, 253 U. S. 465, 40 Sup. Ct. 580, 64 L. Ed. 1015, 1017.

Order setting cause for hearing upon certain questions of law. State of Oklahoma v. State of Texas, 40 Sup. Ct. 582.

Order setting cause for hearing upon certain questions and appointing Ernest Knaebel commissioner. State of Oklahoma v. State of Texas, 40 Sup. Ct. 585.

Leave granted Judsonia Developing Association and others to file intervening petitions. State of Oklahoma v. State of Texas, 40 Sup. Ct. 585.

October 18, 1920:

Motion of E. Everett Rowell for leave to intervene granted. State of Oklahoma v. State of Texas, 254 U. S. 609, 41 Sup. Ct. 12, 65 L. Ed. 436.

November 8, 1920:

Third report of receiver filed. State of Oklahoma v. State of Texas, 41 Sup. Ct. 60.

December 6, 1920:

Order authorizing receiver to make certain payments for services. State of Oklahoma v. State of Texas, 254 U. S. 615, 41 Sup. Ct. 146, 65 L. Ed. 439.

Order directing return to General Oil Company one certain well. State of Oklahoma v. State of Texas, 254 U. S. 280, 41 Sup. Ct. 146, 65 L. Ed. 270.

January 18, 1921:

Fourth report of receiver filed. State of Oklahoma v. State of Texas, 41 Sup. Ct. 218.

January 24, 1921:

Motion of Sinclair Oil & Gas Company to require receiver to refund proceeds from oil wells denied. State of Oklahoma v. State of Texas, 254 U. S. 603, 41 Sup. Ct. 317, 65 L. Ed. 434.

Petition of Oklahoma Petroleum & Gasoline Company, requiring receiver to file statement of expenses and pay proceeds of certain oil wells, denied. State of Oklahoma v. State of Texas, 254 U. S. 603, 41 Sup. Ct. 317, 65 L. Ed. 434.

Motion of C. J. Benson and others to require receiver to file inventory of equipment purchased and to file statement of moneys charged against and realized from certain wells denied. State of Oklahoma v. State of Texas, 254 U. S. 604, 41 Sup. Ct. 318.

Order directing return to Southwest Petroleum Company, one well. State of Oklahoma v. State of Texas, 254 U. S. 604, 41 Sup. Ct. 318.

Leave granted to submit response of United States to motion of Southwest Petroleum Company and to motion of Sinclair

Oil & Gas Company. State of Oklahoma v. State of Texas, 41 Sup. Ct. 318.

Motion of General Oil Company to set aside and amend decree submitted. State of Oklahoma v. State of Texas, 41 Sup. Ct. 318.

Motion of National Petroleum & Refining Company for return of patented lands submitted. State of Oklahoma v. State of Texas, 41 Sup. Ct. 318.

Motion of T. P. Roberts and another for return of patented lands submitted. State of Oklahoma v. State of Texas, 41 Sup. Ct. 319.

Motion of T. P. Roberts and another to require receiver to pay to them certain moneys submitted. State of Oklahoma v. State of Texas, 41 Sup. Ct. 319.

Motion of Continental Oil Company for leave to intervene submitted. State of Oklahoma v. State of Texas, 41 Sup. Ct. 319.

Motion of Continental Oil Company to direct receiver to protect lands submitted. State of Oklahoma v. State of Texas, 41 Sup. Ct. 319.

April 11, 1921:

Opinion deciding questions set for hearing in State of Oklahoma v. State of Texas, 40 Sup. Ct. 582; State of Oklahoma v. State of Texas, 256 U. S. 70, 41 Sup. Ct. 420, 65 L. Ed. 831.

May 2, 1921:

Motion of John M. Taylor et al. for leave to intervene denied. State of Oklahoma v. State of Texas, 41 Sup. Ct. 536.

June 1, 1921:

Orders made regarding: Application of Pearson et al; Claim of Eoff; Claim of Armstrong et af.; instructions to receiver; order setting intervening petitions for hearing; order to show cause why writ of prohibition should not be issued; reimbursement of operators and drillers; order setting cause for further hearing; order as to filing of petitions in intervention. State of Oklahoma v. State of Texas, 256 U. S. 602, 41 Sup. Ct. 539, 65 L. Ed. 1114, 1118.

Order authorizing receiver to sink well. State of Oklahoma v. State of Texas, 256 U. S. 602, 41 Sup. Ct. 621, 65 L. Ed. 1114, 1118.

Order authorizing receiver to sink a well. State of Oklahoma v. State of Texas, 256 U. S. 602, 41 Sup. Ct. 622, 65 L. Ed. 1114, 1118.

Order appointing Frederick S. Tyler special master to hear and report on certain claims. State of Oklahoma v. State of Texas, 256 U. S. 602, 41 Sup. Ct. 622, 65 L. Ed. 1114, 1118.

Order instructing receiver as to development work, etc. State of Oklahoma v. State of Texas, 256 U. S. 602, 41 Sup. Ct. 622, 65 L. Ed. 1114, 1118.

Order appointing commissioner to take evidence respecting special issues joined upon intervening petitions. State of Oklahoma v. State of Texas, 256 U. S. 602, 41 Sup. Ct. 622, 65 L. Ed. 1114, 1118.

Order to show cause why writ of prohibition should not be issued. State of Oklahoma v. State of Texas, 256 U. S. 602, 41 Sup. Ct. 622, 65 L. Ed. 1114, 1118.

Order authorizing receiver to make certain reimbursements. State of Oklahoma v. State of Texas, 256 U. S. 602, 41 Sup. Ct. 622, 65 L. Ed. 1114, 1118.

Order appointing commissioner to take evidence as to what constitutes south bank of Red river. State of Oklahoma v. State of Texas, 256 U. S. 602, 41 Sup. Ct. 622, 65 L. Ed. 1114, 1118.

Order directing no petition in intervention to be filed without special leave. State of Oklahoma v. State of Texas, 256 U. S. 602, 41 Sup. Ct. 622, 65 L. Ed. 1114, 1118.

June 6, 1921:

Leave to file petition in intervention of D. D. Brunson granted. State of Oklahoma v. State of Texas, 41 Sup. Ct. 624.

October 5, 1921:

Order permitting certain interveners to appear before commissioner. State of Oklahoma v. State of Texas, 257 U. S. 609, 42 Sup. Ct. 45, 66 L. Ed. 395.

October 17, 1921:

Francis Chanate and others granted leave to intervene. State of Oklahoma v. State of Texas, 257 U. S. 611, 42 Sup. Ct. 49, 66 L. Ed. 396.

Motion of Melish Consolidated Placer Mining Association for modification of order of June 1, 1921, denied. State of Oklahoma v. State of Texas, 257 U. S. 611, 42 Sup. Ct. 49, 66 L. Ed. 396.

Motion of Melish Consolidated Placer Mining Association for return of certain wells to receiver denied. State of Oklahoma v. State of Texas, 257 U. S. 637, 42 Sup. Ct. 50, 66 L. Ed. 396.

November 21, 1921:

Order authorizing certain payments for services. State of Oklahoma v. State of Texas, 257 U. S. 616, 42 Sup. Ct. 94, 66 L. Ed. 399.

December 6, 1921:

Leave granted to file report of commissioner. State of Oklahoma v. State of Texas, 42 Sup. Ct. 96.

December 12, 1921:

Motion of Melish Consolidated Placer Oil Mining Association for leave to amend bill of intervention granted. State of Oklahoma v. State of Texas, 42 Sup. Ct. 167.

Motion of Clarke, receiver, to be joined as party complainant, granted. State of Oklahoma v. State of Texas, 42 Sup. Ct. 167.

Grand Oil & Developing Co., granted leave to file petition in intervention. State of Oklahoma v. State of Texas, 257 U. S. 308, 42 Sup. Ct. 167, 66 L. Ed. 252.

Report of special master approved and certain payments authorized. State of Oklahoma v. State of Texas, 257 U. S. 308, 42 Sup. Ct. 167, 66 L. Ed. 252.

January 16, 1922:

Order allowing compensation of commissioner. State of Oklahoma v. State of Texas, 257 U. S. 621, 42 Sup. Ct. 187, 66 L. Ed. 401.

March 20, 1922:

Motion of state of Arkansas for leave to file petition in intervention denied. State of Oklahoma v. State of Texas, 258 U. S. 606, 42 Sup. Ct. 314, 66 L. Ed. 786.

May 1, 1922:

Opinion on hearing as to proprietary claims to bed of Red river and to proceeds of oil and gas taken therefrom. State of Oklahoma v. State of Texas, 258 U. S. 574, 42 Sup. Ct. 406, 66 L. Ed. 771.

June 5, 1922:

Decree determining that Red river is not navigable and certain proprietary claims to river bed. State of Oklahoma v. State of Texas, 42 Sup. Ct. 587.

Decree adjudicating proprietary claims to land in river bed. State of Oklahoma v. State of Texas, 259 U. S. 565, 42 Sup. Ct. 594, 66 L. Ed. 1067.

December 11, 1922:

Order authorizing payments to counsel and receiver. State of Oklahoma v. State of Texas, 260 U. S. 705, 43 Sup. Ct. 166, 67 L. Ed. 473.

January 15, 1923:

Opinion on hearing on evidence as to location of boundary; reference to commissioners. State of Oklahoma v. State of Texas, 260 U. S. 606, 43 Sup. Ct. 221, 67 L. Ed. 428.

January 29, 1923:

Application of Red River Syndicate for modification of opinion delivered May 1, 1922 (State of Oklahoma v. State of Texas, 258 U. S. 574, 42 Sup. Ct. 406, 66 L. Ed. 771) denied. Id., 260 U. S. 711, 43 Sup. Ct. 251, 67 L. Ed. 476.

February 26, 1923:

Leave granted to file petition in intervention of Mary Alice Sah-Maunty et al. State of Oklahoma v. State of Texas, 43 Sup. Ct. 360.

Order that petition in intervention of John Tah Hah et al. be filed. State of Oklahoma v. State of Texas, 261 U. S. 606, 43 Sup. Ct. 364, 67 L. Ed. 823.

March 12, 1923:

Decree supplementary to opinion delivered January 15, 1923. State of Oklahoma v. State of Texas, 260 U. S. 606, 43 Sup. Ct. 221, 67 L. Ed. 428; Id., 261 U. S. 340, 43 Sup. Ct. 376, 67 L. Ed. 687.

Decree supplemental to decree of June 5, 1922, and opinion delivered May 1, 1922. State of Oklahoma v. State of Texas, 261 U. S. 345, 43 Sup. Ct. 377, 67 L. Ed. 689.

June 4, 1923:

Commissioners ordered to delineate upon a suitable plat, the medial line between state boundary and northerly river bank. State of Oklahoma v. State of Texas, 262 U. S. 505, 43 Sup. Ct. 701, 67 L. Ed. 1094.

June 11, 1923:

Order releasing from receivership certain tracts of land. State of Oklahoma v. State of Texas, 262 U. S. 724, 43 Sup. Ct. 704, 67 L. Ed. 1202.

November 26, 1923:

Motion for leave to file petition in intervention of Chas. West denied. State of Oklahoma v. State of Texas, 263 U. S. 681, 44 Sup. Ct. 135, 68 L. Ed. ——.

Eleventh report of receiver filed. State of Oklahoma v. State of Texas, 44 Sup. Ct. 135.

December 3, 1923:

Eleventh report of receiver ordered received and filed. State of Oklahoma v. State of Texas, 44 Sup. Ct. 135.

April 25, 1924:

Report of boundary commissioners and report of medial line survey presented and ordered filed. State of Oklahoma v. State of Texas, 44 Sup. Ct. 455.

Report of boundary commissioners and report of medial line survey ordered received and filed; time for objections and exceptions thereto limited. State of Oklahoma v. State of Texas, 264 U. S. 565, 44 Sup. Ct. 455, 68 L. Ed. ——.

May 1, 1924:

Twelfth report of receiver filed. State of Oklahoma v. State of Texas, 44 Sup. Ct. 457.

May 5, 1924:

Ordered that J. H. Duhon and another show cause why prosecution of action against receiver should not be enjoined. State of Oklahoma v. State of Texas, 265 U. S. 76, 44 Sup. Ct. 457, 68 L. Ed. ——.

Order limiting time to file contentions respecting expenses and operations of receiver, etc. State of Oklahoma v. State of Texas, 265 U. S. 76, 44 Sup. Ct. 457, 68 L. Ed. ——.

May 12, 1924:

Order allowing compensation to receiver and counsel. State of Oklahoma v. State of Texas, 265 U. S. 573, 44 Sup. Ct. 460, 68 L. Ed. ——.

June 9, 1924:

Opinion disposing of exceptions to the report of boundary commissioners. 265 U. S. 493, 44 Sup. Ct. 571, 68 L. Ed. ——.

Order overruling exceptions to report of boundary commissioners and confirming report. 265 U. S. 500, 44 Sup. Ct. 573, 68 L. Ed. ——.

Opinion respecting expenses of receivership. 265 U. S. 505, 44 Sup. Ct. 604, 68 L. Ed. ——.

Opinion respecting action by J. H. Duhon and another against receiver. 265 U. S. 490, 44 Sup. Ct. 607, 68 L. Ed. ——.

State of Texas granted leave to file amended counterclaim; J. H. Duhon enjoined to dismiss action against receiver; report of boundary commissioners and survey of medial line of Red river approved and adopted; order regarding various expenses, claims, etc. 265 U. S. 513, 44 Sup. Ct. 608, 68 L. Ed. ——.

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PER CURIAM.

On consideration of the report of the commissioners, heretofore selected to run, locate, and mark portions of the boundary between the states of Texas and Oklahoma along the south bank of the Red river, showing that they have run, located and marked the portion of such boundary along the Big Bend Area, such report being as follows:

Report of the Boundary Commissioners.

To the Chief Justice and the Associate Justices of the Supreme Court of the United States:

As commissioners designated in the decree of March 12, 1923, in the above entitled cause, we have run, located and marked upon the ground the boundary between the states of Texas and Oklahoma along the Red river in what is known as the Big Bend Area (Area A) in accordance with that decree and the principles announced in the opinion delivered January 15, 1923, and we have the honor to submit the following joint report respecting that part of our work, with field notes and maps.

Paragraphs 5, 6 and 7 of the decree follow:

'5. The south bank of the river is the waterwashed and relatively permanent elevation or acclivity, commonly called a cut bank, along the southerly side of the river which separates its bed from the adjacent upland, whether valley or hill, and usually serves to confine the waters within the bed and to preserve the course of the river.

'6. The boundary between the two states is on and along that bank at the mean level attained by the waters of the river when they reach and wash the bank without overflowing it.

'7. The exceptional places where there is no well defined cut bank, but only a gradual incline from the sand bed of the river to the upland, the boundary is a line over such incline conforming to the mean level of the waters when at other places in that vicinity they reach and wash the cut bank without overflowing it.'

The foregoing specifications applied in the light of the opinion, admit of, and require the exercise of practical judgment in determining the line intended; but certain fundamentals, such as the following, obviously must form the final basis for the exact location of the line.

The boundary line is a gradient of the flowing water in the river. It is located midway between the lower level of the flowing water that just reaches the cut bank, and the higher level of it that just does not overtop the cut bank. The physical top of the cut bank being very uneven in profile, cannot be a datum for locating the boundary line; but a gradient along the bank must be used for that purpose. The highest point on this gradient must not be higher than the lowest acceptable point on the bank in that vicinity. The boundary line has been determined accordingly.

We have marked the boundary line by wooden posts called 'witness posts' set along the bank at varying short distances from the boundary, and from each other. A bearing and distance has been taken from each witness post to one or more points on the boundary.

Permanent reference monuments are located at varying intervals on the Texas bluff overlooking the river valley. Other permanent reference monuments are located on the Oklahoma bluff, and these overlook the river valley.

By accurate surveys the witness posts are joined to each other and to the monuments on the Texas bluff. Similarly the Texas monuments are joined to each other and to the Oklahoma monuments, which in turn, are joined to each other and to the witness posts. Permanent bench marks located near the boundary are also joined to the witness posts and to the reference monuments.

All oil wells within three hundred feet of the boundary have been accurately located upon the ground, and the position of each, whether in Texas or in Oklahoma, is stated. From each oil well, a bearing and distance is given to a point on the boundary.

The boundary line is shown by the usual symbol and appropriate wording on the accompanying maps, which also show the positions of the witness posts, the oil wells, the reference monuments, the bench marks and other information usually appearing on such maps. These maps are made part of this report and are identified as follows:

Map No. 1: Cadastral Map of the Big Bend Area.

Map No. 2: Cadastral Map of the oil field region, in two sheets, Nos. 1 and 2.

Map No. 3: Topographic Map of the Big Bend Area, in four sheets, Nos. 1, 2, 3 and 4, contour interval 2 feet.

NOTE: MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE (GRAPHIC OR TABULAR MATERIAL)

The survey was begun April 16, 1923, and completed February 17, 1924. The location of the boundary, reported herewith, is that position which existed on December 31, 1923.

The surveying has been done with painstaking care in accordance with approved modern methods. The results have been subjected to one or more tests to verify their accuracy. The field notes have been reduced to the minimum, consistent with the proper record of the boundary location.

The geographic positions are on the standard datum of the United States Coast and Geodetic Survey; the datum of the elevations in mean sea level.

The field notes of the boundary, location of oil wells, description of reference monuments and witness posts, and tables of azimuths, distances, geographic positions and sea level elevations, follow:

TRAVERSE OF WITNESS POSTS AND CONNECTIONS TO BOUNDARY

AND REFERENCE MONUMENTS

Beginning at reference monument No. 1 on the Texas bluff, as such monument is hereinafter defined, thence north, on an extension of the east line of range 13 west in Oklahoma, 2,138.2 ft. (32.397 chs.) to witness post 0. This point is on the flood plain within the river valley 455 ft. south of the top of the cut bank. The bank is well defined.

Thence from witness post 0, with traverse of witness posts and connections to the boundary bank.

South, on an extension of the west line of range 14 west in Oklahoma, 657.5 ft. (9.962 chs.), to reference monument No. 14.

Oil Wells Within 300 Ft. of Boundary.

Oil Wells in Texas.

F. R. No. 101.

From W. P. 100, F. R. 101 bears N. 70x00' E., 172 ft. dist. This well is in Texas. The nearest point on the boundary bears N. 17x W., 7 ft. dist.

F. R. No. 132.

From W. P. 114, F. R. 132 bears S. 13x47' E., 247.8 ft. dist. This well is in Texas. The nearest point on the boundary bears N. 38x W., 233 ft. dist.

F. R. No. 134.

From W. P. 115, F. R. 134 bears S. 37x00' E., 7.8 ft. dist. This well is in Texas. The nearest point on the boundary bears N. 37x W., 15.8 ft. dist.

F. R. No. 135.

From W. P. 116, F. R. 135 bears S. 45x39' W., 180.4 ft. dist. This well is in Texas. The nearest point on the boundary bears N. 26x W., 70 ft. dist.

F. R. No. 136.

From W. P. 118, F. R. 136 bears S. 50x37' E., 215.3 ft. dist. This well is in Texas. The nearest point on the boundary bears N. 47x W., 220 ft. dist.

F. R. No. 137.

From W. P. 118, F. R. 137 bears S. 41x07' W., 237 ft. dist. This well is in Texas. The nearest point on the boundary bears N. 24x W., 104 ft. dist.

F. R. No. 138.

From W. P. 125, F. R. 138 bears S. 46x22' E., 339 ft. dist. This well is in Texas. The nearest point on the boundary bears N. 8x W., 270 ft. dist.

Well Location.

From W. P. 128, an unidentified well casing bears N. 70x45' E., 122 ft. dist. This well is in Texas. The nearest point on the boundary bears N. 17x W., 5 ft. dist.

F. R. No. 145.

From W. P. 138, F. R. 145 bears S. 32x58' E., 87 ft. dist. This well is in Texas. The nearest point on the boundary bears N. 52x W., 281 ft. dist.

F. R. No. 146.

From W. P. 138, F. R. 146 bears S. 43x06' W., 183 ft. dist. This well is in Texas. The nearest point on the boundary bears N. 50x W., 186 ft. dist.

F. R. No. 147.

From W. P. 139, F. R. 147 bears N. 61x13' E., 289 ft. dist. This well is in Texas. The nearest point on the boundary bears N. 50x W., 148 ft. dist.

F. R. No. 148.

From W. P. 139, F. R. 148 bears N. 69x16' E., 99 ft. dist. This well is in Texas. The nearest point on the boundary bears N. 50x W., 88 ft. dist.

F. R. No. 152.

From W. P. 144, F. R. 152 bears N. 20x05' W., 102.1 ft. dist. This well is in Texas. The nearest point on the boundary bears N. 20x05' W., 20 ft. dist.

F. R. No. 153.

From W. P. 146, F. R. 153 bears N. 22x31' W., 31.2 ft. dist. This well is in Texas. The nearest point on the boundary bears N. 23x W., 49 ft. dist.

F. R. No. 154.

From W. P. 148, F. R. 154 bears S. 43x14' W., 59.9 ft. dist. This well is in Texas. The nearest point on the boundary bears N. 12x W., 143 ft. dist.

F. R. No. 157.

From W. P. 150, F. R. 157 bears S. 23x34' E., 180 ft. dist. This well is in Texas. The nearest point on the boundary bears N. 18x W., 180 ft. dist.

F. R. No. 159.

From W. P. 152, F. R. 159 bears S. 23x50' E., 163.9 ft. dist. This well is in Texas. The nearest point on the boundary bears north, 167 ft. dist.

F. R. No. 160.

From W. P. 152, F. R. 160 bears S. 76x51' W., 64.4 ft. dist. This well is in Texas. The nearest point on the boundary bears N. 20x W., 8 ft. dist.

F. R. No. 162.

From W. P. 153, F. R. 162 bears S. 37x23' E., 147.4 ft. dist. This well is in Texas. A point on the boundary bears N. 28x15' W., 145 ft. dist.

F. R. No. 165.

From W. P. 155, F. R. 165 bears N. 28x33' E., 91.2 ft. dist. This well is in Texas. The nearest point on the boundary bears N. 45x W., 5 ft. dist.

Woodburn Oil Corporation No. 2.

From W. P. 155, Woodburn Oil Corporation well No. 2 bears S. 44x58' E., 248.6 ft. dist. This well is in Texas. The nearest point on the boundary bears N. 34x W., 251 ft. dist.

Woodburn Oil Corporation No. 1.

From W. P. 156, Woodburn Oil Corporation well No. 1 bears S. 25x25' E., 274.8 ft. dist. This well is in Texas. The nearest point on the boundary bears N. 23x30' W., 281 ft. dist.

F. R. No. 169.

From W. P. 158, F. R. 169 bears N. 58x40' E., 79.9 ft. dist. This well is in Texas. A point on the boundary bears north, 12 ft. dist.

F. R. No. 170.

From W. P. 159, F. R. 170 bears S. 33x28' W., 74.1 ft. dist. This well is in Texas. The nearest point on the boundary bears N. 24x W., 46 ft. dist.

Petroleum Development Co. No. 4.

From W. P. 159, Petroleum Development Co. well No. 4 bears South, 266.9 ft. dist. This well is in Texas. The nearest point on the boundary bears N. 24x W., 250 ft. dist.

Petroleum Development Co. No. 1.

From W. P. 161, Petroleum Development Co. well No. 1 bears S. 16x14' E., 166.1 ft. dist. This well is in Texas. The nearest point on the boundary bears N. 23x W., 185 ft. dist.

F. R. No. 172.

From W. P. 161, F. R. 172 bears N. 20x18' E., 53.4 ft. dist. This well is in Texas. The nearest point on the boundary bears N. 45x W., 15 ft. dist.

F. R. No. 186.

From W. P. 162, F. R. 186 bears N. 3x50' E., 85.8 ft. dist. This well is in Texas. The nearest point on the boundary bears N. 3x50' E., 12 ft. dist.

Well Location.

From W. P. 163, an unidentified oil well bears S. 67x03' E., 273.4 ft. dist. This well is in Texas. The nearest point on the boundary bears N. 16x30' W., 248 ft. dist.

F. R. No. 174.

From W. P. 163, F. R. 174 bears N. 12x55' E., 71.5 ft. dist. This well is in Texas. The nearest point on the boundary bears N. 15x W., 30 ft. dist.

Well Location.

From W. P. 164, an unidentified oil well bears S. 39x57' E., 281.9 ft. dist. This well is in Texas. The nearest point on the boundary bears N. 10x W., 247 ft. dist.

F. R. No. 176.

From W. P. 164, F. R. 176 bears S. 32x31' E., 99.3 ft. dist. This well is in Texas. The nearest point on the boundary bears N. 10x W., 96 ft. dist.

Foster & Watson No. 1.

From W. P. 165, Foster & Watson well No. 1 bears S. 47x41' E., 218.4 ft. dist. This well is in Texas. The nearest point on the boundary bears N. 25x W., 205 ft. dist.

F. R. No. 178.

From W. P. 165, F. R. 178 bears S. 40x51' E., 47.8 ft. dist. This well is in Texas. The nearest point on the boundary bears N. 25x W., 51 ft. dist.

F. R. No. 180.

From W. P. 166, F. R. 180 bears N. 42x15' E., 95.6 ft. dist. This well is in Texas. A point on the boundary bears N. 61x W., 23.3 ft. dist.

Hobbs Oil Co. Green-Waggoner No. 1.

From W. P. 166, Hobbs Oil Co. Green-Waggoner well No. 1 bears S. 21x50' E., 151.1 ft. dist. This well is in Texas. The nearest point on the boundary bears N. 31x W., 157 ft. dist.

Hobbs Oil Co. Green-Waggoner No. 3.

From W. P. 168, Hobbs Oil Co. Green-Waggoner well No. 3 bears N. 64x43' E., 182.4 ft. dist. This well is in Texas. The nearest point on the boundary bears N. 45x W., 66 ft. dist.

Hobbs Oil Co. Green-Waggoner No. 4.

From W. P. 168, Hobbs Oil Co. Green-Waggoner well No. 4 bears S. 31x20' W., 199.6 ft. dist. This well is in Texas. The nearest point on the boundary bears N. 49x W., 35 ft. dist.

Oil Wells in Oklahoma.

O. C. Graves Oil Co.

From W. P. 102, O. C. Graves Oil Co.'s well bears S. 54x45' W., 219 ft. dist. This well is in Oklahoma. The nearest point on the boundary bears S. 46x E., 35 ft. dist.

F. R. No. 130.

From W. P. 109, F. R. 130 bears N. 19x05' W., 255 ft. dist. This well is in Oklahoma. The nearest point on the boundary bears S. 16x E., 199 ft. dist.

Well Location.

From W. P. 110, an unidentified well casing bears N. 56x57' E., 106.6 ft. dist. This well is in Oklahoma. The nearest point on the boundary bears S. 19x E., 20 ft. dist.

F. R. No. 133.

From W. P. 114, F. R. 133 bears N. 4x00' W., 24 ft. dist. This well is in Oklahoma. The nearest point on the boundary bears S. 59x E., 6 ft. dist.

F. R. No. 139.

From W. P. 125, F. R. 139 bears N. 64x55' E., 50.7 ft. dist. This well is in Oklahoma. The nearest point on the boundary bears S. 8x E., 9 ft. dist.

F. R. No. 149.

From W. P. 139, F. R. 149 bears N. 21x51' W., 248 ft. dist. This well is in Oklahoma. The nearest point on the boundary bears S. 50x E., 175 ft. dist.

F. R. No. 150.

From W. P. 140, F. R. 150 bears N. 32x15' W., 385 ft. dist. This well is in Oklahoma. The nearest point on the boundary bears S. 17x E., 276 ft. dist.

F. R. No. 151.

From W. P. 144, F. R. 151 bears N. 1x27' E., 360 ft. dist. This well is in Oklahoma. The nearest point on the boundary bears S. 19x E., 195 ft. dist.

F. R. No. 155.

From W. P. 150, F. R. 155 bears N. 30x56' E., 185.8 ft. dist. This well is in Oklahoma. The nearest point on the boundary bears S. 18x E., 122 ft. dist.

F. R. No. 158.

From W. P. 150, F. R. 158 bears N. 39x43' W., 302.5 ft. dist. This well is in Oklahoma. The nearest point on the boundary bears S. 39x43' E., 301.5 ft. dist.

F. R. No. 164.

From W. P. 154, F. R. 164 bears N. 27x40' E., 270.5 ft. dist. This well is in Oklahoma. A point on the boundary bears south, 94 ft. dist. The nearest point on the boundary bears S. 41x30' E., 70 ft. dist.

F. R. No. 218.

From W. P. 155, F. R. 218 bears N. 3x47' W., 290.6 ft. dist. This well is in Oklahoma. The nearest point on the boundary bears S. 42x E., 219 ft. dist.

F. R. No. 219.

From W. P. 156, F. R. 219 bears N. 19x26' W., 262.6 ft. dist. This well is in Oklahoma. The nearest point on the boundary bears S. 23x30' E., 256 ft. dist.

F. R. No. 167.

From W. P. 157, F. R. 167 bears N. 46x45' E., 167.9 ft. dist. This well is in Oklahoma. The nearest point on the boundary bears S. 45x E., 6 ft. dist.

F. R. No. 220.

From W. P. 157, F. R. 220 bears N. 38x27' W. 281 ft. dist. This well is in Oklahoma. A point on the boundary bears S. 32x20' E., 212 ft. dist.

F. R. No. 179.

From W. P. 165, F. R. 179 bears N. 25x16' W., 251.5 ft. dist. This well is in Oklahoma. The nearest point on the boundary bears S. 25x E., 247 ft. dist.

F. R. No. 214.

From W. P. 166, F. R. 214 bears N. 9x27' W., 331.4 ft. dist. This well is in Oklahoma. The nearest point on the boundary bears S. 25x E., 262 ft. dist.

F. R. No. 182.

From W. P. 169, F. R. 182 bears N. 12x00' W., 162.4 ft. dist. This well is in Oklahoma. The nearest point on the boundary bears S. 49x E., 126 ft. dist.

NOTE: MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE (GRAPHIC OR TABULAR MATERIAL)

Description of Reference Monuments.

The reference monuments on the Texas side are made of concrete, moulded in mass at the station, in galvanized iron forms 36 ins. long, 16 ins. upper diameter, 24 ins. base diameter, set 30 ins. in the ground. The center of each monument is marked by a heavy bronze tablet, inscribed as shown above.

The monuments on the Oklahoma bluff are correlated with the United States General Land Office public land subdivisional survey. Each one is an iron post, 36 ins. long, 2 ins. diameter, having a bronze cap, the post being placed full length in concrete, in a galvanized iron form 36 ins. long, 8 ins. upper diameter, 14 ins. diameter at the base, set 30 ins. in the ground. These monuments are appropriately marked according to the standard specifications of the General Land Office. They readily identify the position of the monument in the United States rectangular survey system. In each cash the neighboring public land survey corner, to which connections are shown in the following field notes and on the maps, are similarly constructed as a further amplification of the control system, this work having been performed by an engineer detailed by the General Land Office, the field notes of whose operations are, or within convenient time will be, filed with the records of that office.

The early Texas survey lines in this vicinity are shown on the maps in accordance with the best available information regarding their true position.

Reference Monuments in Texas.

Reference Monument No. 1.

This station is on the meridional extension of the line between ranges 12 and 13 west, in Oklahoma. The monument is located on a gentle north slope 270 ft. south of the top of the steep timbered portion of the Texas bluff, and at a point 870 ft. southeast of a small farm house. The station is in the John Deck survey No. 275. The point is about 4 miles east and 2 miles south of Burkburnett from which place the station may be conveniently reached by wagon road. The point is designated 'South Range Line Station 13/12' (S. Rg. L. 13/12).

Reference Monument No. 2.

This station is on a prominent knoll overlooking the river valley, in the John Deck survey No. 275. The point is about 3 miles east and one-half mile south of Burkburnett. The point may be conveniently reached from the Texas Company's pump station, which is located at the nearest point on the public road, from which the highest point on the Texas bluff may be recognized to the northwest a little over a mile distant. The monument is on the highest point of the knoll about 100 ft. south of the edge of the timber growing on the steep slope of the bluff. The point is designated 'Holman Station.'

From this station Willis station, U. S. C. & G. S., in Oklahoma, bears S. 88x02'37" E., 9,386 ft.; Cashion station, U. S. C. & G. S., in Texas, bears S. 4x25'25" E., 25,849 ft.

Reference Monument No. 3.

This station is on the Texas bluff, just north of a small grove and 40 ft. south of the steep slope. The point is about 400 ft. east of the south end of Burkburnett toll bridge, and 200 ft. north of a farm house. The station is in the James McGrain survey No. 813. The point is about 2 miles east of Burkburnett, from which place the station may be conveniently reached by wagon road. The point is designated 'Burke Bridge Station.'

Reference Monument No. 4.

This station is on the Texas bluff, 90 ft. south of the top of steep slope, and at a point 630 ft. east of the Fowler farm house; there is also a large red barn and a galvanized iron silo between the monument and the farm house. The station is in the T. J. Redman survey No. 816; it is about 1 mile north and a short distance east of Burkburnett, from which place the station may be conveniently reached by wagon road. The point is designated 'Fowler Station.'

From this station Gammill station, U. S. C. & G. S., in Oklahoma, bears N. 30x10'23" E., 26,486 ft.; Willis station, U. S. C. & G. S. in Oklahoma, bears S. 66x56'09" E., 23,675 ft.

Reference Monument No. 5.

This station is on high ground in the vicinity of a group of improvements; there is fair visibility to the north. The point is located a short distance west of the Missouri, Kansas & Texas Railroad, on the top of a gentle ridge, 1,000 ft. south of the top of the Texas bluff.

From this station, the water tower at Devol, Okl., bears N. 0x55' W.; the water tower at Burkburnett, Tex., bears S. 25x03' E., a little less than 2 miles distant. The point is designated 'Railroad Station.'

Reference Monument No. 6.

This station is in the river valley, in a grove of cottonwood trees, about 700 ft. southwest of the south bank of Red river, and nearly a mile northeast of the Texas bluff. This is an auxiliary monument.

Reference Monument No. 7.

This station is on the meridional extension of the line between ranges 13 and 14 west, in Oklahoma. The monument is located on a gentle north slope about 1,000 ft. south of the top of the Texas bluff. The station is in the William Rivers survey No. 810. The station is about 2 miles west and 3 miles north of Burkburnett; it is near the Sinclair pump station.

From this station the water tower at Burkburnett, Tex., bears S. 38x13' E.; the water tower at Grandfield, Okl., bears N. 35x22' W. The point is designated 'South Range Line Station 14/13' (S. Rg. L. 14/13).

From this station Grandfield station, U. S. C. & G. S., in Oklahoma, bears N. 34x42'10" W., 37,035 ft.; Gammill station, U. S. C. & G. S., in Oklahoma, bears N. 59x34'50" E., 30,603 ft.

Reference Monument No. 8.

This station is on a prominent position on the Texas bluff, at the top of the ascent west of Wild Horse creek and about 300 ft. south of the river bluff. The station is in the Elizabeth Stanley survey No. 812. It is in the central part of the northwest extension of the Burkburnett oil field, about 3 miles west and 3 miles north of the town of Burkburnett, and may be reached by several different roads. The point is designated 'Texas Chief Station.'

Reference Monument No. 9.

This station is 150 ft. south of the top of the Texas bluff. It is in the Elizabeth Stanley survey No. 812, and is in the central part of the oil field. The station is located about 4 miles west and 3 miles north of Burkburnett, and may be reached by an irregular road among the oil wells in this vicinity. The power house of the Center Gulf Production Company is about 300 ft. south of the monument. The point is designated 'Two Tanks Station.'

From this station the water tower at Grandfield, Okl., bears N. 22x05' W., and the water tower at Devol, Okl., bears N. 43x06' E.

Reference Monument No. 10.

This station is in the river valley in the extreme north point of the 'Big Bend,' about 1 1/4 miles north of the foot of the Texas bluff and about 400 ft. south of the south bank of Red river. This is an auxiliary monument.

Reference Monument No. 11.

This station is on a high point on the Texas bluff, slightly east of an extension of the center line of Grandifield Wagon Bridge. It is in the F. W. Huesman survey No. 819, about 1,000 ft. northeast of the oil field settlement known as 'Bridgetown.' The point is designated 'Bridgetown Station.'

Reference Monument No. 12.

This station is on a prominent point of the Texas bluff, about half a mile west of Bridgetown. The station is near an electric power line which serves the oil field within the river bed. The station is in the Heirs of L. Powell survey No. 820, the northeast corner of which is coincident with witness post No. 141. The point is designated 'Power Line Station.'

From this station Tipton station of the U. S. C. & G. S., in Oklahoma, bears N. 75x07'17" W., 27,070 ft.; Grandfield station, U. S. C. & G. S., also in Oklahoma, bears N. 0x45'12" W., 31,348 ft.

Reference Monument No. 13.

This station is on the crest of a sharp prominent ridge, one of the highest points of the Texas bluff. It is in the Texas Emigration & Land Company survey No. 821. The station is about 2,000 ft. west of the Bonner refinery, and may be reached by wagon road from Bridgetown. The point is designated 'Sandy Ridge Station.'

Reference Monument No. 14.

This station is on the meridional extension of the line between ranges 14 and 15 west, in Oklahoma, in a narrow valley 675 ft. south of the south bank of Red river. There is no visibility except to the north. This station is in a direct line from reference mounment No. 13 to reference monument No. 15, the latter point being the first one in Area B. The station is in the James Cole survey No. 825. The station is on the farm of Frances Saunders, which is a considerable distance from any public road, but the place may be reached from Bridgetown from which the farm house is about 2 1/2 miles west and 1 mile south. The monument is at the foot of the slope west of the farm house. The point is designated 'South Range Line Station 15/14' (S. Rg. L. 15/14).

Reference Monuments in Oklahoma.

North Range Line 15/14.

This station is at the top of the Oklahoma bluff, on the line through township 5 south, between ranges 14 and 15 west, at a point 30.0 ft. south of the corner of sections 1, 6, 7 and 12. The station is 5 miles south and 2 miles west of Grandfield, and may be reached by public road from Grandfield.

From this station Grandfield station, U. S. C. & G. S., in Oklahoma, bears N. 20x42'39" E., 29,587 ft.; Miller station, U. S. C. & G. S., also in Oklahoma, bears N. 82x16'23" E., 42,894 ft.

Witness Corner Sec. 5.

This station is on the top of a knoll of the Oklahoma bluff, at a point from which the corner of sections 4, 5, 32 and 33 on the line between townships 4 and 5 south, range 14 west, bears N. 22x51' E., 1,632.5 ft. The point is about 900 ft. west of the north end of Grandfield wagon bridge. The section corner referred to is located at the intersection of public roads, N. and S., and E. and W., 4 miles due south of Grandfield.

1/4 Sec. Cor. 34/35.

This station is the 1/4 Sec. Cor. between Secs. 34 and 35, township 4 south, range 14 west, in Oklahoma; it is on nearly level ground just south of the top of steep bluff. The point may be reached by road from Grandfield, from which the station is 3 1/2 miles south and 2 miles east.

From this station Miller station, of the U. S. C. & G. S., in Oklahoma, bears S. 84x30'52" E., 21,617 ft.

North Range Line 14/13

This station is the 1/4 Sec. Cor. between Secs. 31 and 36, on the line through township 4 south, between ranges 13 and 14 west, in Oklahoma. The station is on nearly level ground about 1,000 ft. north of the north bank of Red river. The bank is eroding. The station may be reached by road from Grandfield, from which the station is 3 1/2 miles south and 4 miles east. Devol, Okl., is 1 1/2 miles north and 1 mile east.

Miller Station.

This is a triangulation station of the United States Coast and Geodetic Survey, and is monumented according to the standard specifications of that survey. The station is on a high ridge. From the station Cor. of Secs. 4, 5, 32 and 33, on the line between townships 4 and 5 south, range 13 west, bears S. 36x23' W., 669.8 ft. The section corner referred to is located at the intersection of public roads, N. and S., and E. and W., 1 mile east, and 2 miles south of Devol.

Witness Point Sec. 14.

This station is on the Oklahoma bluff, on the north and south center line of Sec. 14, township 5 south, range 13 west. The station is a short distance west of the main road leading to Burkburnett wagon bridge; it is 3 1/2 miles east and 4 miles south of Devol.

From this station Gammill station, U. S. C. & G. S., in Oklahoma, bears N. 7x53'03" E., 19,433 ft.; Willis station U. S. C. & G. S., also in Oklahoma, bears S. 40x43'01" E., 17,054 ft. The 1/4 Sec. Cor. between Secs. 11 and 14, bears N. 0x07' W., 1,150.7 ft. dist.

North Range Line 13/12.

This station is on the southwest slope of the Oklahoma bluff, on the line through township 5 south, between ranges 12 and 13 west, 575.1 ft. south of the Cor. of Secs. 19, 24, 25 and 30. The station is 5 miles east and 6 miles south of Devol, and may be reached by public road from Devol.

From this station Cashion station, of the U. S. C. & G. S., in Texas bears S. 8x22'21" W., 28,680 ft.; Miller station, U. S. C. & G. S., in Oklahoma, bears N. 42x53'36" W., 30,410 ft.

Description of Witness Posts.

The witness posts are all rough pine, creosoted. Most of the posts are 5 ft. 6 ins. long, and about 4 ins. in diameter, set 36 ins. in the ground. The initial and terminal witness posts, and those located nearest the Burkburnett and Grandfield toll bridges, also the one set on the extension of the line between ranges 13 and 14 west, are 8 inches in diameter, set 42 inches in the ground. The part of each post above ground is squated, and painted white.

The posts are numbered up-stream. The initial post ('0') marks the lower limit of Area A; the terminal post, (No. 183) marks the upper limit of the area. Some of the witness posts have double numbers (for example, No. 34 plus 3). These posts were subsequently set to take the place of other posts carried away by the river while the survey was being made. The numbers are stamped in the tops of the posts; they are also stenciled on the sides, as follows:

Burkburnett, about 5 miles northwest of; about 1/2 mile northeast of Bradley's Corner; on hill overlooking Red river valley; on property of Magna Oil and Refining Company; about 30 feet south of office; 1.5 feet west of fence on east line of property; standard iron post, stamped 'No. 1. Elev. 1062.2.'

Latitude 34x08'29.749"; longitude 98x37'51.362".

B. M. 2. Elevation, 1009.115 Feet.

Burkburnett, about 4 1/2 miles northwest of; about 1 3/4 miles northeast of Bradley's Corner; about 1 mile west of south end of Devol bridge over Red river; about 1/2 mile north of bluff; 250 feet south of Bridgetown-Devol road; 100 feet west of telephone line; on west end of high sand ridge; standard iron post stamped 'No. 2. Elev. 1009.0.'

Latitude 34x08'54.564"; longitude 98x36'48.056".

B. M. 3. Elevation, 1004.062 Feet.

Burkburnett, about 5 1/2 miles northwest of; about 1 mile northeast of Bradley's Corner; about 1 mile southwest of west end of Goat Island; about 1/2 mile north of bluff; on west end of sand ridge; 300 feet north of Bridgetown-Devol road; standard iron post stamped 'No. 3. Elev. 1003.9.'

Latitude 34x09'00.444"; longitude 98x37'41.864".

B. M. 4. Elevation, 1004.430 Feet.

Burkburnett, about 7 miles northwest of; about 1 mile northeast of Bridgetown; 3/4 mile east of Grandfield bridge over Red river; 800 feet north of bluff; about 200 feet north of pump house; 15 feet south of road from Grandfield bridge to Devol bridge; standard iron post stamped 'No. 4. Elev. 1004.3.'

Latitude 34x08'40.585"; longitude 98x39'27.621".

B. M. 5. Elevation, 1009.373 Feet.

Bridgetown, 1/2 mile north of; about 650 feet southwest of south end of Grandfield bridge over Red river; at southeast corner of United States receiver's office; standard iron post stamped 'No. 5. Elev. 1009.3.'

Latitude 34x08'29.406"; longitude 98x40'09.353".

B. M. 6. Elevation, 1111.967 Feet.

Bridgetown; east side of the main road; 3 feet northwest of southwest corner of galvanized iron store and rooming house; standard iron post stamped 'No. 6. Elev. 1111.8.'

Latitude 34x08'11.501"; longitude 98x40'06.737".

B. M. 7. Elevation, 1117.261 Feet.

Bridgetown, 1 1/4 miles southwest of; 1,000 feet southwest of farmhouse in grove on south side of road; about 800 feet west of T-road west; in fence line, on highest part of ridge; standard iron post stamped 'No. 7. Elev. 1117.2.'

Latitude 34x07'42.259"; longitude 98x41'16.444".

B. M. 8. Elevation, 1020.026 Feet.

Bridgetown, 1 1/2 miles southwest of; on bank of Red river; 60 feet south of channel; 60 feet southeast of mouth of small drain; 10 feet east of clump of three elm trees; standard iron post stamped 'No. 8. Elev. 1019.9.' 98x41'38.151". 38.151".

B. M. 9. Elevation, 1024.337 Feet.

Bridgetown; 2 3/4 miles southwest of; 60 feet south of bank of Red river; on point of ridge on west side of small drain from south; 5 feet west of 12-inch elm tree; standard iron post stamped 'No. 9. Elev. 1024.2.'

Latitude 34x07'23.258"; longitude 98x42'42.197".

B. M. 10. Elevation, 1011.904 Feet.

Burkburnett, 2 miles northwest of; about one mile south-southwest of south end of Wichita Falls & Northwestern Railway bridge over Red river; about 450 feet west of curve in railroad track; 50 feet southeast of northeast corner of net fence; near edge of hills; standard iron post stamped 'No. 10. Elev. 1011.65.'

Latitude 34x07'34.826"; longitude 98x33'50.075".

B. M. 11. Elevation, 978.699 Feet.

Burkburnett, 2 miles north of; 500 feet west of fence line; 76 feet south of twin cottonwood trees; on sand ridge; standard iron post stamped 'No. 11. Elev. 978.55.'

Latitude 34x07'08.418"; longitude 98x33'18.984".

B. M. 12. Elevation, 964.626 Feet.

Burkburnett bridge over Red river, about 1/2 mile east of; 200 feet west of witness post No. 12; 80 feet east of fence; 6 feet south of Red river; in west fence line; standard bronze tablet set in sandstone outcrop, stamped '964.6.'

Latitude 34x05'47.296"; longitude 98x31'54.876".

B. M. 13. Elevation, 969.393 Feet.

Burkburnett, about 2 1/2 miles east of; 1 mile west of Burkburnett toll bridge; about 1,000 feet west of pumping plant; 200 feet south of slough; 150 feet northwest of spring; 40 feet north of 20-inch elm tree; 30 feet west of road; 2 feet east of fence corner at foot of bluff; standard iron post stamped '969.4.'

Latitude 34x06'35.416"; longitude 98x33'13.675".

On March 26, 1923, before entering upon our work, we appeared before C. Elmore Cropley, notary public of the District of Columbia, in the office of the clerk of the Supreme Court of the United States, and subscribed to the following oath:

'I, (Arthur D. Kidder and Arthur A. Stiles, subscribed individually), having been appointed one of the commissioners to run, locate and mark the state line between the states of Oklahoma and Texas in accordance with the partial decree relating to state boundary entered March 12, 1923, and the opinion of this court delivered January 15, 1923, do solemnly swear that I will faithfully and impartially perform the duties of the office upon which I am about to enter, to the best of my abilities, and that I will support the Constitution of the United States. So help me God.'

A statement of the time employed and the expense incurred in the performance of the work will be the subject of a later report.

Five copies each of the report and maps have been to-day sent by registered mail to the Attorney General of the United States, the Attorney General of Texas and the Attorney General of Oklahoma. We also have filed with the clerk of the court fifty copies of the report and maps for the use of such private interveners as may apply for them. Thirty additional copies of the report and maps have been filed with the clerk for such disposition as the court may direct.

The originals of the three maps hereinbefore named are bound with the original report, and appear in the following order: Map No. 1, Map No. 2, Sheets Nos. 1 and 2, and Map No. 3, Sheets Nos. 1, 2, 3 and 4.

Respectfully submitted,

Arthur D. Kidder,

Arthur A. Stiles, Commissioners.

Washington, D. C., April 25, 1924.

Report of Medial Line Survey.1 To the Chief Justice and the Associate Justices of the Supreme Court of the United States:

In obedience to and in conformity with the order of June 4, 1923 (262 U. S. 505, 43 Sup. Ct. 701, 67 L. Ed. 1094), we have surveyed and run upon the ground and have delineated upon an appropriate map the medial line between the state boundary along the south bank of Red river and the northerly bank thereof for a distance of three miles in the vicinity of the river bed oil wells, and we beg to submit this joint report of that work, with field notes and map.

The survey was begun June 29, 1923, and completed February 17, 1924. The location of the medial line, as so established and delineated, conforms to the physical situation existing on December 31, 1923, the date as of which we ran, located and marked the boundary between the states of Texas and Oklahoma along the reveivership oil area as shown and described in our report thereof filed contemporaneously with this report.

Besides locating the state boundary along the south bank as shown in the other report, a meander line of the north bank was run in the usual manner, for purposes of accurate platting and to aid in determining the location of the medial line. Temporary markers were placed at the angle points along the north bank.

The establishment of the medial line conforms specifically to the provisions of the fifth paragraph of the decree of March 12, 1923 (261 U. S. 345, 43 Sup. Ct. 376, 67 L. Ed. 687), entitled 'Supplement to Partial Decree of June 5, 1922,' which paragraph reads as follows:

'5. In the sense intended herein, the medial line of the river is a line drawn midway between the northerly and southerly banks of the river, commonly called cut banks, save that, under a stipulation between the parties affected, to which full effect must be given, this line, in so far as it reaches and is in contact with patented or allotted tracts which are within what is now the bed of the river, shall be regarded and treated as falling no farther north than the southerly line of such tracts as the same were represented by the official survey according to which they were patented or allotted.'

To carry out those provisions, the 1875 meander line of section 8, of township 5 south, range 14 west, of the Indian meridian, in Oklahoma, was retraced and re-established, because that line forms the southerly line of patented or allotted tracts, which are within what is now the bed of the river, as such southerly line was represented by the official survey of the United States according to which those tracts were patented or allotted. The meander line of 1875 was retraced and re-established in conformity with the rules stated in the Manual of Instructions for the Survey of the Public Lands of the United States, with markers located in true position.

The location of the medial line was then determined by running twenty-three cross-sections of the river, by accurate measurement from bank to bank to determine the exact mid-point positions. These mid-points were then connected by straight and curved lines in a manner designed to produce a true and connected medial line conforming to the directions and curves of the two banks, considered together. Markers were placed in the river bed to show and aid in retracing the line. A number of the markers are immediately on the medial line, but some are only near to it and are in the nature of witness posts, being connected up with the line by course and distance as shown in the field notes.

All of these markers are heavy iron pipe, called 'drill stem,' 4 inches in diameter, 20 feet long, driven through the sand into the hard clay and shale of the river bed, leaving 30 inches exposed. The material, outfit and crew for this work were furnished by the receiver in this suit. Bronze tablets were placed in the tops of the pipes, each tablet being marked as indicated upon the map.

The map which forms a part of this report, is more specifically identified as Map No. 2 of the boundary survey, and is a cadastral map of the oil field region, in two sheets, Nos. 1 and 2.

All oil wells within 300 feet of the medial line have been accurately located and are shown in the field notes and upon the map.

The field notes follow:

MEANDERS OF NORTH BANK.

Beginning at witness post No. 100, near the north point of the 'Big Bend,' as such post is described in the field notes of the boundary survey, and from which post a point on the south bank of the river bears N. 15x W., 16 ft. dist.; thence

N. 11x00' W., on river cross-section, 2,157.5 ft. ft. (32.690 chs.), to angle point No. 200 on north bank of river.

Thence with meanders of north bank of river, upstream.

From A. P. 252, north range line station 15/14, of the boundary survey, bears north, 2,422.0 ft. (36.698 chs.) dist.; from the same angle point the corner of sections 1, 6, 7 and 12, on the line through township 5 south, between ranges 14 and 15 west, bears north, 2,452.0 ft. (37.152 chs.) dist.

Re-establishment of 1875 Meander Line, Section 8, T. 5 S., R. 14 W.

Beginning at the 1/4 sec. cor. between secs. 5 and 6, T. 5 S., R. 14 W., which is an iron post marked and witnessed by one bearing tree as described in the official field notes on file in the General Land Office thence

S. 0x15' E., between secs. 5 and 6, 2640.7 ft. (40.01 chs.), to true point for cor. of secs. 5, 6, 7 and 8, in the river bed, unmarked.

Beginning again at the 1/4 sec. cor. between secs. 6 and 7, T. 5 S., R. 14 W., which is a sandstone and iron post as described in the official field notes, thence

S. 89x29' E., between secs. 6 and 7, 2651.9 ft. (40.18 chs.), to true point for cor. of secs. 5, 6, 7 and 8; thence

East, between secs. 5 and 8, 1959.5 ft. (29.69 chs.), to true point for 1875 meander corner, in river bed; set a drill stem marker as previously described.

Returning to true point for cor. of secs. 5, 6, 7 and 8, thence

South, between secs. 7 and 8, 3070.3 ft. (46.52 chs.), to true point for 1875 meander corner, in river bed; set a drill stem marker as previously described.

After having run the river bed cross-sections as hereinbefore described, it is found that the medial line intersects the 1875 meander line of section 7 at a point S. 50x30' W., 104.9 ft. (1.590 chs.) counting from the meander corner of secs. 7 and 8; said medial line is shown upstream upon the map, but has not been marked in the river bed.

Thence from the meander corner of sections 7 and 8, running downstream with re-establishment of the 1875 meander line, setting drill stem markers for angle points in Sec. 8, T. 5 S., R. 14 W.

At 145.8 ft. (2.209 chs.) on the above course, set a drill stem with bronze tablet marked 'Initial Poinst Medial Line'; at 369.0 ft (5.59 chs.) on the same course, intersect the medial line according to its position on December 31, 1923, this point is not marked. At this point the medial line departs from the position of the 1875 meander line, running dewnstream as shown upon the map and more specifically hereinafter described.

Thence from A. P. 3, Sec. 8

N. 18x30' E., 614.9 ft. (9.317 chs.) to the 1875 meander corner between secs. 5 and 8, previously described.

TRAVERSE OF MEDIAL LINE MARKERS.

Beginning at the 'initial point' of the medial line, on the 1875 meander line of Sec. 8, T. 5 S., R. 14 W., which marker is located at a point S. 21x45' W., 223.2 ft. from the December 31, 1923, position of the medial line, previously described, thence with traverse of medial line markers running downstream, with connections to true medial line position:

From W. P. M. P. 19, 1/4 sec. cor. 34/35, of the boundary survey, bears N. 18x05' W., 1,497.3 ft. (22.686 chs.) dist.

From W. P. M. P. 19, the medial line is shown downstream upon the map, but has not been marked in the river bed. The total distance marked is three miles.

Oil Wells Within 300 Feet of Medial Line.

Oil Wells in Patented or Alloted River-Bed

Tracts, North of Medial Line.

Staley-Wynns No. 1.

From the meander corner of Secs. 7 and 8, Staley-Wynne Owens well No. 1 bears N. 28x05' W., 316.2 ft. dist. This well is in lot 7, Sec. 7, T. 5 S., R. 14 W. The meander corner is the nearest point.

Capshaw No. 1.

From angle point No. 1, Sec. 8, Capshaw well No. 1 bears S. 75x03' W., 174.0 ft. dist. This well is in lot 2, Sec. 8, T. 5 S., R. 14 W. The nearest point on the 1875 meander line bears S. 21x E., 21.6 ft. dist.

Capshaw No. 2.

From angle point No. 1, Sec. 8, Capshaw well No. 2 bears N. 12x20' E., 315.2 ft. dist. This well is in lot 2, Sec. 8, T. S., R. 14 W. The nearest point on the 1875 meander line bears S. 68x E., 63.7 ft. dist.

Capshaw No. 3.

From witness post mid-point No. 2, Capshaw well No. 3 bears S. 55x52' W., 451.5 ft. dist. This well is in lot 2, Sec. 8, T. 5 S., R. 14 W. The nearest point on the 1875 meander line bears S. 68x E., 144 ft. dist.

Marshall.

From witness post mid-point No. 2, the Marshall shall well bears N. 1x52' E., 581.6 ft. dist. This well is in lot 3, Sec. 8, T. 5 S., R. 14 W. The nearest point on the medial line bears S. 30x30' E., 287 ft. dist.

Other Oil Wells North of Medial Line.

Okla.-Texas Goehler No. 1.

From mid-point No. 11, Okla.-Texas Goehler well No. 1 bears N. 0x28' E., 199.2 ft. dist. This well is in the river bed north of the medial line. The nearest point on the medial line bears S. 23x00' E., 181 ft. dist.

Okla.-Texas Goehler No. 3.

From mid-point No. 11, Okla.-Texas Goehler well No. 3 bears N. 46x32' E., 402.0 ft. dist. This well is in the river bed north of the medial line. The nearest point on the medial line bears S. 25x45' E., 132 ft. dist.

Okla.-Texas Goehler No. 4.

From mid-point No. 11, Okla.-Texas Goehler well No. 4 bears N. 54x39' E., 692.5 ft. dist. This well is in the river bed north of the medial line. The nearest point on the medial line bears S. 28x30' E., 120 ft. dist.

Okla.-Texas Goehler No. 5.

From mid-point No. 11, Okla.-Texas Goehler well No. 5 bears N. 55x14' E., 976 ft. dist. This well is in the river bed north of the medial line. The nearest point on the medial line bears S. 31x00' E., 144 ft. dist.

F. R. No. 143.

From mid-point No. 15, F. R. 143 bears N. 7x20' W., 366 ft. dist. This well is in the river bed north of the medial line. The nearest point on the medial line bears S. 31x00' E., 333 ft. dist.

Oil Wells South of Medial Line.

F. R. No. 181.

From angle point No. 1, Sec. 8, T. 5 S., R. 14 W., F. R. 181 bears S. 33x20' E., 182.9 ft. dist. This well is in the river bed southeast of Lot 1, Sec. 8. Angle point No. 1 is the nearest point on the 1875 meander line.

F. R. No. 223.

From angle point No. 1, Sec. 8, T. 5 S., R. 14 W., F. R. 223 bears N. 32x39' E., 316.0 ft. dist. This well is in the river bed southeast of lot 2, Sec. 8. The nearest point on the 1875 meander line bears N. 68x W., 58.3 ft. dist.

F. R. No. 225.

From witness post mid-point No. 2, F. R. 225 bears S. 3x15' W., 482 ft. dist. This well is in the river bed southeast of lot 2, Sec. 8, T. 5 S., R. 14 W. The nearest point on the 1875 meander line bears N. 68x W., 264 ft. dist.

F. R. No. 171.

From witness post mid-point No. 4, F. R. 171 bears N. 59x00' W., 380 ft. dist. This well is in the river bed south of the medial line. The nearest point on the medial line bears N. 29x00' W., 225 ft. dist.

F. R. No. 168.

From witness post mid-point No. 4, F. R. 168 bears N. 23x57' W., 356 ft. dist. This well is in the river bed south of the medial line. The nearest point on the medial line bears N. 29x00' W., 203 ft. dist.

F. R. No. 166.

From witness post mid-point No. 5, F. R. 166 bears N. 36x00' W., 554 ft. dist. This well is in the river bed south of the medial line. The nearest point on the medial line bears N. 29x00' W., 162 ft. dist.

As previously stated, it was found desirable to delineate the medial line on Map No. 2 of the survey of the boundary between the two states.

Five copies each of this report and map have been sent by registered mail to the Attorney General of the United States, the Attorney General of Texas, and the Attorney General of Oklahoma. Fifty copies have been filed with the clerk of the court for the use of such private interveners as may apply for them. Thirty additional copies of the report and map have been filed with the clerk for such disposition as the court may direct.

A statement of the time employed and the expense incurred in the medial line work will be the subject of later report.

Very respectfully,

Arthur D. Kidder,

Arthur A. Stiles, Commissioners.

Washington, D. C., April 25, 1924.

And on consideration of the exceptions presented to such report and of the protests made against the same:

It is now adjudged, ordered, and decreed that the exceptions and protests be overruled and that the report be in all respects confirmed.

It is further adjudged, ordered, and decreed that the line delineated and set forth in the report and on the maps accompanying the same and referred to therein be established and declared to be the true boundary between the states of Texas and Oklahoma along the part of the Red river designated in such report, subject however to such changes as may hereafter be wrought by the natural and gradual processes known as erosion and accretion as specified in the second, third and fourth paragraphs of the decree rendered herein March 12, 1923. 261 U. S. 340, 43 Sup. Ct. 376, 67 L. Ed. 687.

It is further ordered that the clerk of this court do transmit to the chief magistrates of the states of Texas and Oklahoma copies of this decree, duly authenticated under the seal of this court, together with copies of the maps which accompanied the report of the commissioners.

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