ARKANSAS v. TENNESSEE
No. 33,
Orig.
Decided February 25, 1970
Decree entered (inter alia, appointing Boundary Commissioner) February 25, 1970—
Decree entered (establishing boundary line) June 23, 1970
This Court on February 25, 1970, 397 U. S. 88, 91, having entered a decree and appointed a Boundary Commissioner to survey the boundary between Arkansas and Tennessee and pursuant to that decree the said Commissioner having filed a “Report on Commission to Survey” in which he sets forth the General Location and Specific Location of such boundary to which the parties have approved and consented,
It is ordered, adjudged, and decreed That such boundary shall be fixed as follows:
General Location
The state boundary line involved herein is located between Crittenden County, Arkansas, and Shelby County, Tennessee, in an area formerly known as Cow Island Bend, and more recently called Scanlan Chute, Frog Chute, Ike Chute or Lake, and 96 Chute; and is generally within a rectangle between latitudes 35° 00' and 35° 03', and longitudes 90° 15' and 90° 19', and is more particularly described as follows:
Specific Location
Beginning at a point, designated as Station No. 1, which point is, S 6° 34' E, at 1,359.0 feet from, Mississippi River Commission Permanent Bench Mark “Scanlan,” whose coordinates are, latitude 35° 02' plus 1,555.76 feet, and longitude 90° 15' plus 1,014.42 feet. (Reference for PBM “Scanlan,” see page 118 of Permanent Marks, Volume One of Mississippi River Commission.)
Said above beginning point being on a line running, S 75° 39' E, 3,500.0 feet more or less from, the present Steamboat Channel (thalweg) of the Mississippi River; thence N 75° 39' W, 645.8 feet to a point; thence N 75° 54' W, 2,112.0 feet to a point; thence N 17° 18' W, 920.4 feet to a point; thence N 35° 25' W, 436.3 feet to a point; thence N 62° 36' W, 491.3 feet to a point, designated as Station No., 2; thence S 85° 53' W, 2,161.6 feet to a point; thence S 82° 00' W, 1,443.3 feet to a point; thence N 87° 38' W, 2,739.7 feet to a point; thence S 79° 35' W, 1,808.5 feet to a point; thence S 38° 47' W, 1,033.1 feet to a point; thence S 24° 52' W, 811.0 feet to a point; thence S 7° 38' W, 2,085.5 feet to a point; thence S 11° 29' W, 1,725.2 feet to a point, designated as Station No. 3; thence S 23° 31' W, 3,098.3 feet to a point; thence S 0° 51' E, 1,370.5 feet to a point; thence S 13° 15' E, 1,258.1 feet to a point, designated as Station No. 4; thence S 38° 45' W, 814.5 feet to a point; thence S 23° 55' W, 864.1 feet to a point; thence S 12° 30' W, 644.4 feet to a point; thence S 6° 30' W, 1,270.5 feet to a point, which point is, S 81° 52' E (Mag.), 2,736.5 feet from, United States Engineer Arkansas Levee Bench Mark for Mile Post 170/171; thence S 17° 40' E, 1,627.0 feet to a point; thence S 6° 50' E, 1,485.0 feet to a point; thence S 22° 10' E, 2,500.0 feet more or less, to the present Steamboat Channel (thalweg) of the Mississippi.
The above surveyed boundary line between the States of Arkansas and Tennessee in the area involved is shown by a broken line marked on the attached 1965 aerial photograph of said area, which aerial photograph is also designated Appendix A-I to this Court’s decree of February 25, 1970
What follows is an opinion from the Supreme Court of the United States. Your task is to determine the bases on which the Supreme Court rested its decision with regard to the legal provision that the Court considered in the case. Consider "judicial review (national level)" if the majority determined the constitutionality of some action taken by some unit or official of the federal government, including an interstate compact. Consider "judicial review (state level)" if the majority determined the constitutionality of some action taken by some unit or official of a state or local government. Consider "statutory construction" for cases where the majority interpret a federal statute, treaty, or court rule; if the Court interprets a federal statute governing the powers or jurisdiction of a federal court; if the Court construes a state law as incompatible with a federal law; or if an administrative official interprets a federal statute. Do not consider "statutory construction" where an administrative agency or official acts "pursuant to" a statute, unless the Court interprets the statute to determine if administrative action is proper. Consider "interpretation of administrative regulation or rule, or executive order" if the majority treats federal administrative action in arriving at its decision.Consider "diversity jurisdiction" if the majority said in approximately so many words that under its diversity jurisdiction it is interpreting state law. Consider "federal common law" if the majority indicate that it used a judge-made "doctrine" or "rule; if the Court without more merely specifies the disposition the Court has made of the case and cites one or more of its own previously decided cases unless the citation is qualified by the word "see."; if the case concerns admiralty or maritime law, or some other aspect of the law of nations other than a treaty; if the case concerns the retroactive application of a constitutional provision or a previous decision of the Court; if the case concerns an exclusionary rule, the harmless error rule (though not the statute), the abstention doctrine, comity, res judicata, or collateral estoppel; or if the case concerns a "rule" or "doctrine" that is not specified as related to or connected with a constitutional or statutory provision. Consider "Supreme Court supervision of lower federal or state courts or original jurisdiction" otherwise (i.e., the residual code); for issues pertaining to non-statutorily based Judicial Power topics; for cases arising under the Court's original jurisdiction; in cases in which the Court denied or dismissed the petition for review or where the decision of a lower court is affirmed by a tie vote; or in workers' compensation litigation involving statutory interpretation and, in addition, a discussion of jury determination and/or the sufficiency of the evidence.