Wiley Blount Rutledge

“ This is a point on the Kansas bluffs about a mile or a mile and a half below the mouth of Wolf Creek. The current, striking this rock with force, was thrown over to the north or Missouri bank.
The soil composition of the north bank is a common formation in the Missouri River valley. Underneath the surface soil is sand or quicksand. This is covered by a layer of gumbo soil. Testimony in the record discloses there is no great erosion when the water is very high or very low. ”

“ Expert testimony is that a change of conditions in one bend produces changes as great, or nearly so, in the next bend below.
The river flows around a big bend, known as Wolf Creek Bend, just before it reaches the mouth of Wolf Creek. Here it runs almost due south. ”

“ When the proceeding began it was in dispute at a number of places. [3] But during pendency of the suit the parties have settled all differences except one. This relates to the section of the boundary in the Forbes Bend region. [4]
After the filing of the suit a master was appointed. Extensive hearings were held. Both documentary and oral evidence was presented. The master has filed his report, which makes findings and conclusions in favor of Missouri. Kansas says these are contrary to the law and to the weight of the evidence. ”

“ This line then became the common boundary of the two states. [2] The bill of complaint was filed in 1940. It alleged that the thread of the stream had shifted frequently, sometimes suddenly, sometimes gradually, and that these changes had caused controversies concerning the true boundary. ”

“ A. F. Hays: 1926 et seq.; J. B. Gray: 1927-30; G. Atkinson: 1929-after 1934; J. H. Peret: 1929-33; C. Coufal: 1929-33; C. W. Ryan: 1928-31; some Kansas witnesses claim the drying up of the Missouri channel was a sudden concomitant of an ice jam in 1929 but add that the Missouri channel contained water until 1933 or 1934 (e.g., C. Coufal, E. A. Cole) , or 1935 or 1936 when it dried up as a result of government diking and revetment work upstream (e.g., J. Coufal) .↑ See note 14 supra.↑ E.g., A. F. Hays, C. Coufal, K. Brownlee, K. Robinson.↑ E. A. Cole, J. Coufal. ”