It soon became quite evident that the actual boundary line, as indicated by points shown, and satisfactorily identified, differed from the line as would be established by the field notes of the Hendershott and Minor survey. In order that the relative positions of the actual mile points between the 40th and 60th mile points could be properly determined and also their true relation to the theoretical points as found in accordance with the courses and distances, shown in Hendershott's report, it was deemed necessary to establish a chord or base line twenty miles in length between the 40th and 60th iron monuments, to which all points actually found and definitely located or shown and claimed as being upon the boundary line could be referred and from which all points finally determined could be accurately located. For the details of the actual field work and its results we respectfully refer to the accompanying report of Mr. W. C. Hodgkins, in charge of party. It is proper here to state that the field work, done as it was in accordance with the precise methods of the United States Geodetic Surveys, was necessarily very slow and tedious, but its accuracy, in our opinion, cannot be questioned. The measurement of the twenty mile base line involved a very great amount of labor, whilst the computations necessary in the exact reduction of the measurements were also very laborious. Complete topographical notes were also taken for the entire work, but the Commissioners have deemed it unnecessary to have maps prepared, as their preparation would involve a considerable expense without any corresponding benefit. The very unfavorable weather during a great portion of May and a part of June interfered seriously with the prosecution of the field work, causing a delay of from two to three weeks. Careful examination was made in every instance for the precise location of the original Hendershott and Minor mile points, but out of twenty-one of these points, included in the survey, only nine, including three iron monuments, could be satisfactorily identified. The 42nd, 43rd, 44th, 49th, 54th, and 58th mile points were identified and located by evidence entirely XIII-I. 2 satisfactory to the Commissioners. As regards the 50th mile point (iron monument), concerning the reliability of which doubt had existed, the Commissioners are satisfied that it is very little, if at all, out of its original position, its relation to the 49th mile point (which was clearly identified as Hendershott's original point), as determined by the base line, confirming our judgment. After the work of re-location had commenced and preliminary work on the twenty mile base well advanced, statements were made to the Commissioners to the effect that the iron monument at the 60th mile point had at one time been moved from its original position. This being a matter of importance, the monument in question being considered as a fixed point in establishing the base line, an inquiry was had regarding it and a considerable amount of testimony heard. This testimony was very conflicting, but after its careful consideration and the prolongation of the base line some four miles eastward of the 60th mile point, the Commissioners were satisfied that the monument was occupying its original position. The location of the 52nd mile point was more difficult, and involved a much more extended investigation than for any point established by the Commissioners. It was claimed, and strongly urged, that the original 52nd mile point, as established by Hendershott and Minor, was at a point witnessed by two trees, an elm and an oak, which trees, as well as a point established from them in accordance with Hendershott and Minor field notes, were shown. The field notes regarding this point and also the 53rd mile point, are as follows: (Chains.) "80.00 Set 52nd mile post. Bearings. Elm 18 inches diameter. N. 874°. "0.30 A pond 250 links wide; direction of its length N. & S. 5.00 Prairie. 15.00 Timber. 30.00 Field (Stokes') fence, nearly N. & S. 57.50 Left field. 80.00 Set 53rd mile post." Bearings black oлk 8" diameter. 15 links. Black oak 6" diameter. N. 53° E. 64 links. 66 S. 53° E. The trees shown and claimed as being the original witness trees for Hendershott and Minor's 52nd mile point agree very well with the field notes as regards their distance from the 51st mile point, and also as to their relative positions to each other. The distances and bearings of these trees from the point shown and claimed as the original Hendershott mile point also agree with the field notes closely. Beyond these coincidences, however, there is in our judgment nothing whatsoever to warrant a conclusion that they were ever marked as witness trees by Hendershott and Minor. In their report (10th Howard, pages 15 and 16), they state: In timber the number of the mile is marked on the witness trees with the letter appropriate to each State, there being one tree marked on each side of the line wherever possible. The foot of each witness tree is marked B. L.'" The oak tree shown, and claimed to be a witness tree for the 52nd mile point, had a large "blaze” on its trunk about five feet from the ground. Nothing whatever could be ascertained by the Commissioners to in any manner indicate what, if any, marking had been inscribed on the blaze, nor could any information be had concerning such marking. At the foot of this treee, facing N. 45° E. is to be seen a blaze on which is plainly discernible the letters "B. X." The blaze on the trunk of the tree faced directly east, whilst the point to which it is claimed to refer is but 22° East of North from the tree. It is the universal custom of surveyors in marking witness trees, so far as the experience of the Commissioners goes, to make such marks so as to face as nearly as possible the point witnessed. The "B. X." mark faces certainly 25° East, and the blaze on trunk of tree 68° East of the point claimed to be witnessed. Measurements of the "X" mark at base of tree are as follows-in tenths of one foot: 66 The mark inclining to the left extends above the letter "B" and is quite close to the upper curved line. The mark inclining to the right runs closely to the lower part of the "B.” It would have been quite as practicable to have cut a letter "L" as an "X" on the blaze found at foot of this tree, and the Commissioners were not prepared to accept this letter “X” as an "L" without stronger corroborative evidence than they could obtain. This tree, if marked by Hendershott and Minor, must have been so marked forty-six years ago. A section of the tree at a point eight feet above the ground, the tree being very uniform in size from three feet above the ground for eight to nine feet above, was cut and sent to Prof. McBride, botanical expert at the University of Iowa, for his opinion (as expert), as to its age, etc. In a letter from him to Commissioner Dey, May 19th, 1896, he states: "I judge that the tree when felled was 70 years old. Its history runs about as follows: 59 years ago it received an injury (blaze?) of which a scar persists. The tree at the time was about 11 years (11-16) old, and not to exceed, bark included, 34 inches thick. I say about 11 years, for it takes some years not recorded on the section, for a tree to attain six feet in height. 25 years later, the tree had added about 21⁄2 inches to its radius. The next 17 years a little more than one inch to the radius, making the diameter of the wood (bark not counted), about 84 to 81⁄2 inches. Since this another inch of wood has been added to the radius. Calling this 17 years (it is more rather than less, as the annual increment is constantly smaller), we have the total since the scar, 59 years." This oak tree, as shown by Prof. McBride, at point where section examined by him was cut, was 84 to 81⁄2 inches in diameter, when 53 to 58 years old. Being 70 to 75 years old it would have been 24 to 29 years old in 1850, and its diameter where blaze was found could not have exceeded 5 inches. As the blaze shows a face of fully eight inches, it is evident it could not have been cut on a tree with a diameter of only five inches. The diameter of this tree at base, where "B. X." mark was found, is now 15 inches. Applying the proportionate growth of tree as shown by Prof. McBride, and its dianeter at base, could not have exceeded 8.5 inches 46 years ago, and its size was not sufficient to have received the blaze now shown. The figure "2" is Regarding the elm tree, also claimed to be a witness tree for the original Hendershott 52d mile point. This tree also has a large blaze about four feet from the ground. Nothing whatever was shown to prove that it ever had any mark upon it (prior to the time of a private survey made in 1893), other than the characters "S 28." The letter "S" if it ever existed is now totally obliterated. still plainly discernible, and a part of the upper portion of a figure "8" to the right of the "2" can also be traced. Nothing was shown to prove that it was ever marked at its base with the letters" B. L." as it should have been were it a Hendershott witness tree. Diligent search had evidently been made at some time for this mark, as is plainly evidenced by the chopping at its base, and had the proper marks ever been found it is quite certain the fact would have been in evidence before the Commissioners. The Hendershott notes show that at 30 links eastward of the 52nd mile point the bank of a pond was reached, and that the pond itself was 250 links in width, making a distance of 280 links from the 52nd mile point to the east bank of pond. The bank of this pond directly east of the 52nd mile point, claimed to be witnessed by the "elm and oak," has evidently moved eastward to some extent since 1850, as shown by present conditions. Measurements made by the Commissioners show that 280 links eastward from the point claimed as the Hen |