Majority
This cause, having been submitted upon the pleadings, proofs and exhibits, and upon the report of the Special Master, and having been argued by counsel,, and this Court, on May 29, 1933, having rendered its opinion sustaining the findings of the Special Master as to the location of the true boundary line between the two States, parties hereto,
It is Ordered, Adjudged and Decreed:. First. That the boundary line between the State of Vermont and the State of New Hampshire is hereby established, as a line beginning at the apex of the granite monument which marks the southeast corner of Vermont and the southwest corner of New Hampshire, erected in, 1897 under'the supervision of Commissioners, of the two States, at low water mark on. the west side of the .Connecticut River, and extending thence northerly along the western side of the
Second. That such boundary line at low water mark shall forthwith be definitely located and marked on the ground, as hereinafter provided, at named points on said boundary line, on the western side of the Connecticut River, which points have been selected and agreed upon by stipulation entered into by the parties hereto, pursuant to order of this Court of October 10, 1933, as follows:
1. The monument marking the southwest comer of New Hampshire and southeast comer of Vermont, commonly called the “ Mud Turtle ” and the Brattleboro-Dummerston, Vermont town line.
2. The Walpole, New Hampshire-Westminster, Vermont Bridge.
3. The Westminster-Rockingham Vermont town line and a point one hundred (100) feet north of thé Cheshire bridge (Charlestown, N.H.-Springfield, Vt.).
4. The Claremont-Ascutneyville Bridge (Claremont, N.H.-Weathersfield, Vt.).
5. The Boston & Maine Railroad Bridge (Cornish, N.H.-Windsor, Vt.).
6. The Cornish Toll Bridge (Cornish, N.H.-Windsor, • Vt.). ,: ..
7. A point five hundred (500) feet south of the- Sumner’s or Water Quechee Falls Canal (Plainfield, N.H.- ' Hartland, Vt.) and a point five hundred (500) feet north of said canal.
9. The Lyman Bridge (Lebanon, N.H.-Hartford, Vt.).
10. A point one thousand (1,000) feet south of the Wilder Dam (Lebanon, N.H.-Hartford, Vt.) and a point one thousand (1,000) feet north of the Ledyard Bridge (Hanover, N.H.-Norwich, Vt.).
11. The Gilbert Bridge (Lyme,.N.H.-Thetford, Vt.).
12. The Lyme-Northboro Bridge (Lyme, N.H.-Thetford, Vt.).
13. The Orford Bridge (Orford, N.H.-Fairlee, Vt.).
14. The Piermont Bridge (Piermont, N.H.-Bradford, Vt.).
15. The Bedell Bridge (Haverhill, N.H.-Newbury, Vt.).
16. The Keyes Steel Highway Bridge (Haverhill, N.H.Newbury, Vt.).
17. A point one hundred (100) feet south of Hales or Howard Island (Haverhill, N.H.) and the point of the “ Narrows ”■ (Bath, N.H.-Ryegate, Vt.).
18. A point one thousand (1,000) feet south of the Ryegate Paper Company’s dam (Bath, N.H.-Ryegate, Vt.), and a point one hundred (100) feet north of the Moses Blake Ferry (Dalton, N.H.-Lunenburg, Vt.).
19. The South Lancaster Bridge (Lancaster, N.H.-Lunenburg, Vt.).
20. The North Lancaster Bridge (Lancaster, N.H.Guildhall, Vt.).
21. The Maine Central Railroad Bridge (Lancaster, N.H.-Guildhall, Vt.).
22. A point five hundred (500) feet south of the Wyoming Paper Company or Hall & Richter Paper Company dam (Northumberland, N.H.-Guildhall, Vt.) and a point opposite the mouth of the Upper Ammonoosuc River (Northumberland, N.H.).
23. The Stratford Hollow Bridge (Stratford, N.H.Maidstone, Vt.).
25. The Columbia Bridge (Columbia, N.H.-Lémington, Vt.) and a point two thousand (2,000) feet north of said bridge.
26. The Colebrook Bridge (Colebrook, N.H.-Lemingtón, Vt.).
27. The Colebrook-Stewartstown,'N.H. town line, and the Canaan, Vt.,'Pittsburg, N.H. town line.
28. The northeast corner of Vermont.
29. All dams, bridges and ferries.
Third. Samuel S. Gannett, Esq., is hereby appointed Special Commissioner to loeate and mark upon the ground the boundary line, at the points specified herein, and to make record of the point [s] so marked with all convenient speed. The reasonable compensation arid expenses of the Commissioner, as allowed by this Court, and all other costs incident to the location and marking óf such boundary line and making record thereof as provided herein shall be paid by the two States, in equal shares.
Fourth. Before eritering upon the discharge of his duties, the Commissioner shall be duly sworn to perform fairly, impartially, and without prejudice or bias the duties imposed upon him, said oath to. be taken before the Clerk of this Courts or before the Clerk of the District Court of the United States for the District of the said Commissioner’s residence, or for the' District of New Hampshire, or for the District of Vermont, and returned with his report. The Commissioner is authorized to adopt all usual and reasonable methods to ascertain the true location of the said boundary line, including reference to the record, transcript and evidence in this cause, and the taking of new evidence) oral or documentary, under oath; but in the event new evidence is taken the parties
Fifth. In the event that either State shall hereafter desire additional points on the boundary line to be located and marked, or any points to be relocated and remarked where the boundary has been affected by erosion or accretion, this Court will, upon application, appoint a Commissioner for the purpose.
Sixth. The State of Vermont, its officers, agents and representatives, its citizens, and all other persons, are perpetually enjoined from disputing the sovereignty, jurisdiction and dominion of New Hampshire over the territory adjudged to her by this decree; and the State of New
. Seventh. The costs of this suit will be equally divided between the States, and this case is retained on th'e docket for further orders, in fulfillment of the provisions of this decree.