Alma record. (Alma, Mich.) 1878-1928, 1908-11-19
MAY CO IOu. 5. COURT.
Dispute Over Early Survey Between
Michigan and Wisconsin
N MICHIGAN WANTS LAND
Result Of Recent Survey to be Made to Next
Session Legislature.

Has the state OF Wisconsin been In
undisputed possession for fifty years
of portion of the territory belonging
to the state of Michigan? And If so,
what is the state OF Michigan going
to do about It?
There are possibilities OF a striking
aspect in the situation presented by
this inquiry. If Michigan has been
deprived of a portion of valuable terri
tory through the error of a surveyor,
and the error can be established. will
the courts disturb the boundary line
between two sovereign states? This
is question that is likely to reach
the supreme court of the United
States, and 1t constitutes a hard nut
for that tribunal to crack.
When Captain Cram was ordered by
congress to survey and establish the
boundary line between Michigan and
Winconsin he was directed to proceed
to the headwaters of the Montreal
river and run his lines from that
point
Two years ago, largely through the
interest taken i'm the matter by the
late Peter White OF Marquette, the at
tention of the Michigan legislature
was called TO the fact that the govern
ment surveyor in 1S41 did not follow
the instructions of congress, and that
If he had done so a strip of territory
now assumed to be a part of Wiscon-
sin would constitute a portion OF the
upper peninsula of Michigan. This
miles and If the contention of the
state of Michigan is correct the city OF
Hurley, Wis, and some of the iron
mines south of the town should be in
cluded in territory belonging to Mich
igan.
Whether this territory can be sue
cessfully claimed by the Wolverine
state depends upon what the head
waters of the Montreal river are. The
river has two branches, and Captain
Cram is said to have proceeded to a
point which cannot be considered as
the headwaters OF the stream thereby
depriving Michigan of territory that
has since become valuable.
Whether Michigans claim to this
territory j. purely sentimental is a
question that may be involved, but
which the legislature OF 1907 did not
consider when it directed the attorney
general TO cause a survey TO be made
of the boundary line and report to the
legislature OF 1909.
Attorney General John Il. Bird has
had made survey by Professor J. Il.
Davis of the Michigan university, and
will report the result OF that survey
to the legislature when it convenes in
January. At present he declines TO
say what recommendation he will
make to the Legislature in regard to
pushing the claim of the state to the
territory in dispute.
1t is understood that the state of
Wisconsin, learning that in the new
Michigan constitution an alteration
has been made in the description OF
the states boundaries. is takingsteps
to defend its title to the territory in
volved, threatening the most vigorous
opposition.
Speaking OF this change in the Mich
igan constitution which consists OF the
addition OF two words TO the descrip-
ton OF the state boundaries Attorne.
General Bird said tonight that these
words were inserted for the purpose
of saving the states rights TO the ter
ritory as the former language might
be construed as REIMBURSEMENT OF
title to the disputed lands.
The people of Michigan have just
approved the new constitution and by
so doing have decided that Island Lake
is the headwaters OF the Montreal riv-
er, and that the state line survey
should lead from that point in a direct
line to the center OF the channel be-
tween Middle and South Islands in the
Lake of the Desert. thence In direct
line to the southern shore of Lake
Brule, thence along said southern
shore and down that river to Green
Bay
Wisconsin probably will dispute the
terms of the Michigan constitution,
and if the matter shall be pressed it
will have to be adiudicated in the fed
eral supreme court which has original
jurisdiction in such cases.