Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1893-10-26
WHERE THE LINE LIES.
The Disputed Question of the Illinois and
Iowa Boundary.

the boundary line between the states
of Illinois and Iowa is subject now |
that the final decision is awaited, of |
much local interest. The decision |
which is now being contested puts |
the boundary here somewhere about |
the middle of the draw on the Rock |
island bridge. All the suits that |
nave hitherto arisen over the bound |
airy question hinged upon one ques-
ton, the others being side issues.
The first and the one of most i'm
portance is where the state lines
meet. The assessors OF Iowa. fol-
lowing the rule of the supreme court
OF Iowa in the case OF the ..Dunleith
X Dubuque bridge company vs.. the
county of Dubuque assessed the
property OF the bridge company to
the middle OF the river. The Him
ols assessors, following the law as
LAID down by the supreme court, of
this state. claimed the right to as
sess to the draw of the bridge, be-
cause there was the steamboat chan
mel according to their view This
left as may be plainly : EN-.
700 or 800 feet of the
bridge, that both states were claim
ing and both assessing. OF course
no taxpayer could stand that and so
after various efforts to adjust the
matter the courts were appealed to,
one of the first moves being an APP
plication for an injunction before
Judge Gresham by the bridge COM
| ,al
court of Illinois granted it, however.
and the next higher court reversed
that. The next step of Importance
was to ask for writ of manGamus.
to compel the assessor to specify the
number OF feet he included in his
assessment. This was refused by
the lower court. but the supreme
court % Illinois reversed that and
decided that the number of feet must
be included in the description, and
that the proof showed that the as
SCISSOR had included property net in
the state IF Illinois.
To Finally Fix 1t.
Finally the states took the matter
in hand. ard Iowa commenced suit
to determine the line. by appeal to
the only court of the country that
could settle the question beyond all
controversy. Proceedings were in
stituted perhaps year ago. and
finally by agreement, signed by At
torney General Maloney of Illinois.
and Attorney General Stone of Iowa.
three commissioners were appointed
to tiN-thc line and report to the court.
The commissioners state that read
ing the decision of both the Iowa and
Illinois supreme courts over and
over they found that Iowa claimed
the right to assess to the ''center of
the river bed channel" while the
Illinois court very plainly held that
it was the middle of the steamboat
channel. The certified copy of the
decision of the United States su-
preme court furnished to them, in
commenting upon these two distinct
views. said: The opinions in both
these cases are able and present, in
the strongest terms, different views
rs to the line of jurisdiction between
ncighbOring states, separated by
nayigable stream; but we are of the
opinion that the controlling consid-
GRAFTON in this matter i that which
preserves to each state equality in
the right OF navigation in the river.
1t is therefore ordered, ad-
Judged and declared that the bouD-
Diary line between the state of Iowa
and the state of Illinois is the middle
OF the main navigable channel of the
Mississippi river" Not the middle
of the steamboat channel or the
middle of the river bed. but the mid
die of the main nayigable channel"
The Two Channels.
Acting upon this they proceeded
to find out what was the ''main navi-
gable channel" and in this they were
assisted by 4 long series Of maps and
surveys in the office of the United
States engineers. They found that
between certain points the whole
river was navigable and had been
navigated by all sorts of craft, and
that the low water of 1864 was no
bar to going anywhere in the river
in short, that between these points
was the main navigable channel, and
divided the distance between the two
states. Their report, after laying in
the hands of the court for two weeks,
aud after the attorney generals of
both states had asked counsel to APP
pear and ask for its confirmation.
was approved about the 10th or 18th
of last April The attorney general
for Illinois now comes into court and
asks to have this all set aside. and
that question is now before the su
prcme court. and Iowa has until
Nov. 10 or Is to answer.
Reward of $50