Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1924-10-01
CLAIM 1T POOR SURVEY
Michigan Contends Captain
Cram Disregarded Bound
airy Lines.

The success of the boundary
claims of Michigan in the Wiscon-
sln-Michigan dispute now taking
shape in a case brought by Michi-
gan IN the United States supreme
court, may rest on the point
whether Captain Thomas jefferson
Cram, an early-day chief of engi-
neers OF the Typographical survey
OF the United States army, sent by
Congress in 1910 to this vicinity to
survey boundary line between
The two states, either made mis-
takes IN his calculations, disre-
garded instructions or failed to
make as extensive an investiga-
ton as contemplated by congress.
So says a dispatch from Florence.
Wisconsin.
Michigan claims that Captain
Cram did all Of these things and
Furthermore did not exercise GOOD
Judgment In stating in his report
to congress part of the boundary
was incapable of survey, as alleged.
Cram, according to A. l.. Saw
yer, Menominee attorney, repres-
enting Michigan, did not follow
his instructions to follow the
Brule and Montreal river to their
sources but took for granted GER
tain aspects of the situation and
abandoned the more important
portions of the trip.
The engineer erred, the attorney
states, in stating portions of the
boundary could not be surveyed
and counsel adds that if Cram had
made the Investigations ordered he
would have discovered the West
branch of the Montreal river
which the state claims is the ac-
tual boundary line because it car
ried 30 per cent more water nor
mally than does the east branch
of that river found by Cram in
his Investigations. The intentions
Of congress, the attorney points
out, were to designate the bound
airy at this point in the main
channel of the Montreal river,
which lies in the west branch, ac-
cording to- claims
If Cram had designated the west
branch of the river in question,
then according to the claims of
Michigan, the surveyed boundary
between the states should have
been run many miles south of the
present boundary.
Grams recommendation based
on his Investigations and surveys,
were twice lisregarded by con-
gress the first time in the session
of 1910 and again in the following
session.
Later when Wisconsin was APP
plying for admission into the
union about 1848, the state asked
that in establishing the boundary
the recommendations of Captain
Cram be followed, except that
Wisconsin should be granted title
to all islands in the Menominee
river another portion of the
boundary, south of the Quinncsec
falls and Michigan all islands
north of that point. This request
was granted. In Grams report it
is said, the division was made at
Pemene falls.
Wisconsin ratified this award
and boundary thus established,
but Michigan which had become
state more. than ten years earlier,
failed to do so, never has done,
and fails to recognize the boun-
Diary so established.
Since a state or municipality
cannot in law be guilty of laches,
or delay to bring suit in case of
this nature, Wisconsin has set up
another defense in lieu of it,
claiming that for years Michigan
has sustained the boundary laid
down by "acquiescing" in it, if
not actually, then implicitly.