Melvin Fuller

“ That article provided that 'any Spanish merchant vessel which, prior to April 21, 1898, shall have sailed from any foreign port, bound for any port or place in the United States, shall be permitted to enter such port or place, and to discharge her cargo, and afterwards forthwith to depart without molestation.'
The Pedro remained in the harbor of Havana from the 17th until the 22d of April. We think it must be assumed that she was advised of the strained relations between the United States and Spain, and the imminency of hostilities. ”

“ It would seem probable that the chute, before it was choked up by drifts and deposits, had a width, more or less uniform, of about eight chains, between crests of the high bank. During low-water stages the part of the chute covered by water was probably nearly in the center of the chute. Just how far the low-water surface extended towards the Indiana side, it is impossible at this time to determine accurately, but it would seem that a close approximation to the water line would be a line equidistant from the Indiana bank crest line and the central line of the chute. ”

“ Amos Stickney, of the engineer corps of the United States army, and the court being fully advised in the premises, does now order and decree that the above-named Gustavus V. Menzies, Gaston M. Alves, and Amos Stickney be, and they are hereby, appointed commissioners to ascertain and run the boundary line between the said states of Indiana and Kentucky as designated in the said opinion of this court heretofore filed, and judgment and decree heretofore entered herein, and to report to this court with all reasonable dispatch their doings in that behalf. ”

“ C. C. Genung, surveyor of Vanderburgh county, Indiana, who was familiar with the county records, and the landmarks in the vicinity of the proposed line. Mr. Genung was instructed to proceed as soon as possible, under the direction of the chairman, to re-establish upon the ground, as nearly as practicable, the aforesaid meander line of the survey of 1805 and 1806, using every precaution to determine said line as accurately as might be, from the notes of the survey, and such marks referred to in the notes, and other authenticated marks as might be found. ”

“ This was a suit to recover of the city of Clay Center two installments of hydrant rental, for $1,850 each, with interest. These rentals were claimed to be due under an alleged contract in respect of the erection of waterworks, between the city and one Bonebrake and a waterworks company, his assignee and successor, and to be payable under said contract to the Farmers' Loan & Trust Company, trustee in a trust deed to secure bonds issued by the waterworks company for the purpose of borrowing money to complete the construction of the works. ”

“ Provided, that nothing herein contained shall extend to or be taken to extend to Russian vessels having on board any officer in the military or naval service of the enemy, or any article prohibited or contraband of war, or any despatch of or to the Russian government. ”

“ The true meridian was obtained by observation of Polaris on two different nights.
'The following are the notes of the location:
'Commencing at a point on the line between sections fifteen (15) and fourteen (14) , township seven (7) south, range ten (10) west, and 67.25 chains south of the northeast corner of section fifteen (15) . The post set at this point is witnessed by a sycamore tree 36 inches, S. 1°55' E. 43.8 ft.; and also by a honey locust 32 inches, S. 67°50' E. 24 ft., and is at the head of Green River Island, and also assumed low-water mark in 1792. ”

“ Petersburg to London with a cargo consigned to merchants at that port, having delivered which, she sailed for the United States in ballast, and was captured not far from Boston Light, and sent into port for adjudication. Her trading with the enemy rendered her liable to condemnation as prize; but it was contended that the offensive voyage terminated at London, and that she was not taken in delicto. The court held, however, that whether her voyage were considered an entire one from the United States to England, thence to St. ”

“ Each of these points so located are also points on the meander line, and the surveyor's records in my office, as well as oral testimony of the old inhabitants, go to show beyond question that these are corners established by Mr. ”

“ S. 49° E. 17.91 var. 3°15'.
'Post witnessed, stake, N. 40°50' E. 65 links and stake N. 66°30' W. 50 links. S. 45° E. 9.92, var. 3°15'.
'Post witnessed, stake, N. 40°20' E. 68 links and stake N. 66°30' W. 50 links. S. 63° E. 5.00 var. 3°15' to a post between secs. 15 & 14. ”