The and State Line along the St. Louis River: to the State Line Meridian. The 1852 General Land Office “State Line Survey.”

A Supreme Court Judicial Line Decided Oct. 1921.

Report of Retracement of the State Line: January, 2018. Anthony Lueck, Land Surveyor License in Minnesota and Wisconsin Lives in Duluth, Minnesota Work Experience: U.S. Forest Service Engineers-Engineering Technician St. Louis County Surveyors Office-Survey Technician Krech-Ojard and Associates Consulng Engineer-Land Surveyor North Country Land Surveying-Land Surveyor USGS Map showing Minnesota-Wisconsin Boundary along the St. Louis River running southwesterly of St. Louis Bay & west of Lake Superior. The Minnesota and Wisconsin Boundary Line Surveys -1852 GLO Survey along St. Louis River: Lake Superior Entry [mouth] of the St. Louis River to the State Line in Township 48 North Range 15 West by the General Land Office Survey by U.S. Deputy Surveyor George R. Stuntz directed by Congress. -1861 Lake Survey Maps: The Twin Ports of Lake Superior Harbor and St. Louis River maps and charts from the Corps of the Topographical Engineers. -1916 to 1918 Hearings: 1916 Minnesota files complaint. 1917 Tesmony hearings. 1918 Briefs filed by Minnesota & Wisconsin to the Supreme Court for State Line. -1919 & 1920 U.S. Supreme Court on Boundary Dispute: September 1919 the Supreme Court heard the case. March 1920 Decree for the Boundary. October 1920 a Survey Commission appointed to survey the State Line. -1921 Commissioners Survey: Descripon of the Supreme Court surveyed along the St. Louis River between the States of Minnesota and Wisconsin. -A Present (2018) Day Review of 1921 Monuments and State Center Line Survey. Map of Northern Wisconsin borders with Michigan and Minnesota from 1850. DATES LEADING TO THE STATE LINE SURVEYS DURING EARLY SETTLEMENT AND COMMERCIAL DEVELOPMENT OF THE TWIN PORTS OF NORTHERN MINNESOTA AND WISCONSIN. • AUGUST 6, 1846: WISCONSIN ENABLING ACT BY CONGRESS • MAY 29, 1848: WISCONSIN STATEHOOD-30th State in the Union • MARCH 3, 1849: MINNESOTA TERRITORY CREATED BY CONGRESS • OCTOBER 14 –NOV. 10, 1852: G.L.O. WISCONSIN STATE LINE SURVEY • FEBRUARY 26, 1858: MINNESOTA ENABLING ACT BY CONGRESS • MAY 11, 1858: MINNESOTA STATEHOOD-32nd State in the Union • ERA 1861: THE LAKE SURVEY BY THE CORPS OF TOPOGRAPHICAL ENGINEERS • 1916-1920: MINNESOTA VS WISCONSIN STATE LINE COURT TESTIMONY • 1920-1921:SURVEY COMMISSION ADJUDICATED STATE BOUNDARY LINE • 1936-SUPREME COURT GEODETIC POINTS FOR CENTER OF LAKE SUPERIOR PART 4: Where was the main Boundary Line of dispute?

• That part lying along the St. Louis River in what is called St. Louis Bay on local maps and charts; that part lying West of what is known as Grassy Point, being known as Upper St. Louis Bay, extending westerly to Big Island; and that part lying East of what is known as Grassy Point, being known as Lower St. Louis Bay, extending easterly to Superior Bay between Connor’s Point and Rice’s Point. • “There is a dispute between the State of Minnesota and the State of Wisconsin as to what comprises the boundary line between said States upon Upper St. Louis Bay and Lower St. Louis Bay; the State of Minnesota being to the North of said bays, and the State of Wisconsin being to the South of said bays,…” Google Earth photo showing Minnesota-Wisconsin State Line from USGS data. Where was the Center of River in St. Louis Bay? Was there a ? Minnesota and Wisconsin each had there own interpretaon for the State Line along the St. Louis River based on “Descripons” enacted by the Acts of Congress. • Minnesota’s premise simplified descripon of the State Line; “.. the Stuntz Line..north of St. Croix River,.. unl the same intersects the St. Louis River; thence down said river to and through Lake Superior on the boundary line of Wisconsin . . ” The line was to follow between the shore lines of each State and centered between said shore lines for purposes of equity in navigaon and commerce. Also, that the mouth of the St. Louis River should be located near the Big Island on the westerly side of Upper St. Louis Bay based upon the water elevaon with Lake Superior, etc. and not at the mouth of the river as mapped at the Superior Entry. • Wisconsin’s premise was that the line was clearly established from the Superior Entry, being the mouth of the St. Louis River, and “up the main channel of the St. Louis River to . . . to the first rapids . . . Nicollet’s map, thence due South to the main branch of the river St. Croix . . .” The State Line was Surveyed by George Stuntz, U.S. Deputy Surveyor & mapped by the General Land Office plats. That there was and is a “main channel” through the Bay of St. Louis nearer the Minnesota side and the Bay is part of the river. Also, the main channels were mapped out for and along exisng navigaon areas by the Lake Survey Corps of Topographical Engineers. The State Line presumpon was to the “center” of the St. Louis River.

Wisconsin said the mouth of the St. Louis River was always at the entry to Lake Superior & that Superior Bay was part of the River.

Minnesota argued that the water of Lake Superior extended to Big Island & that was the mouth of the St. Louis River by scienfic facts. U.S. Supreme Court Opinion was decided March 8, 1920 -The Court addressed issue “center of bay” & “sinuous course.” -The Court addressed the issue of the “mouth of river.” -Both pares accept the 1861 Meade Chart as an accurate map, -1846 to 1890 era; depths of only 8’ were needed for navigaon, -1893; C.O.E. dredging did set channel lines for shipping. . . -Condions of Bays important in 1846 for State Line prior to 1890. -Waters from Big Island to Lake Superior were broad sheets of water. -Court approved doctrine of Thalweg “navigaon” for State Line. -a DECREE: 1] 1846 condions 2] Meade Chart 3] Navigaon Channel to Fishermans Island 4] Minnesota Exhibit 1: A, B, C 5] NW of Big Island Part of Minnesota Exhibit 1 Fisherman Island Channel Lines: Minnesota argued that the State Line was not the “sinuous” course. The Supreme Court Opinion: Decree for State Boundary described… • Equality between States must be preserved with State Line. • Consideraon of condion in 1846; which the work of 1861 Meade Chart verifies. • Superior Bay to St. Louis Bay; through the middle of Lower St. Louis Bay to deep channel lying south of Grassy Point; • Thence westerly along most direct course in water not less than 8’ deep, to the east side of Fisherman’s Island; along red trace “A, B, C,” on Mn. Exh. No. 1 to the deep channel west of bar;… thence N & W of Big Island… The 1846 Bayfield Map of St. Louis River Estuary & Navigaon Part of Minnesota Exhibit 1 Fisherman Island Channel Lines: Minnesota argued State Line to go through center of the River or Bay. Corps of Engineers 1887 Annual Report Map of Harbor: The Court direcons were to use this map as a guide for the decided line locaon. Corps of Engineers 1891 Annual Report Map of Harbor: Once past Grassy Point head toward…Fishermans Island… and then to Big Island… main navigaon channel. PART 5

The 1921 Survey Commission:

…for the Survey of the State Boundary Line in conformance with the U.S. Supreme Court decree.

Commissioners appointed under decree of the Court rendered October 11, 1920, “to run, locate and designate the boundary line between the State of Minnesota and the State of Wisconsin, in and through lower St. Louis Bay, upper St. Louis Bay and the St. Louis River, from upper St. Louis Bay to the “Falls” in the said River,” have the honor to submit the following report, with accompanying maps, which maps are marked…

Map Title Exhibit No. 1: …1921 State Boundary Line & Tracing of 1861 Meade Lake Survey Map Exhibit No. 1: 1921 Survey Commissioner’s “Tracing Map” for the State Line Survey. The “main” river channel was traced & triangulaon points from 1861. ..”boundary line must be ascertained…situaon exisng in 1846, [the river and bays] accurately described by the Meade Chart”.. • The Meade Chart was too small for use in transferring data to and from for line work. • The Meade Map, Wisconsin’s Exhibit was a photographic copy, with too many scaling issues from the process of producon. • A tracing of the original Meade Map was made at the U.S. Lake Survey office in Detroit, Michigan. • The Points for Soundings and Triangulaon Monuments were carefully transferred. • “An accurate copy of this tracing, showing in addion the boundary line, as fixed on said map by the Commission, is filed herewith as Exhibit No. 1.” • Original Meade map triangles shown in red. Triangulaon Points: 1861 Meade map Tracing and Coordinate Values. • Meade map triangulaon points shown in red. • U.S. Lake Survey rectangular coordinates are referenced to North Base. • A copy of the coordinates was obtained from the records of the U.S. Lake Survey. • The Lake Survey coordinates from the original Meade map are given in Table No. 1 of Report. • The Meade triangulaon points have not been in existence for some years since the 1861 era. • The Corp of Engineers has established new triangulaon points and referred the same by rectangular coordinates to Minnesota Point North Base and are Table No. 2 of this Report. • With plaed triangulaon points the map data could transferred to the ground for field work. Office Procedure to follow the Court Decree • “From a point midway between Rice’s Point and Connor’s Point, through the middle of Lower St. Louis Bay to and with the deep channel leading to Upper St. Louis Bay, and to a point therein immediately south of the southern extremity of Grassy Point, thence westward along the most direct course, through water not less than 8 feet deep eastward of Fisherman’s Island, as indicated by the red trace A-B-C on Minnesota’s Exhibit No. 1, approximately one mile to the deep channel and immediately west of the bar therein, thence with such channel north and west of Big Island upstream to the “Falls”.” • The center of the pivot pier of the Inter-State Bridge was found to be the point midway between … Point(s), and was designated by the Commission as Staon No. 0. • From this point,…a series of lines was laid out… From such of these angle points…es were scaled to the best situated triangulaon points on the map…and closed polygons formed. • Polygons were formed and closures were checked based on the supplemented data to the Meade map to conform with the Decree. • The lengths and angles thus determined and the “es” to several triangulaon points, were used as preliminary field notes by the surveying party employed to “run out the boundary line and to locate same by proper monuments, courses, and distances.” • The poron of the St. Louis River beyond and extending to the “Falls”, and which is not shown on the Meade Chart or map, the Commission established the center line of the River, as a medial line between the shore lines, as surveyed … and designated said medial line as the boundary line. [Because] the boundary line…runs over water from 8’ to over 20’ in depth, the most convenient me for surveying it was aer ice had formed … • The Survey Party was organized January, 1921. • The field survey began aer ice had formed. But being a mild winter ice condions were not favorable in many locaons for the survey. • The approximate posion of the boundary line was laid out on the ice from the preliminary survey notes and measurements to “es”. • Field survey distances for the Boundary Line were adjusted between the Triangulaon Monument es with the preliminary Map Line. • From the final field notes of the adjusted survey, a descripon of the boundary line by courses and distances was obtained…. • The survey was completed March 19, 1921. -DETAILED DESCRIPTION OF BOUNDARY LINE- Next in the Report; is a legal descripon by “course & distance” for the Boundary Line between Minnesota and Wisconsin. The legal descripon ends in the middle of the river with a “call” to the “…Minnesota-Wisconsin boundary line to the south, run out in 1852…” • Aer “Staon 71” the Survey sets “…State Line Point No. 8,…” in the east rail of Fond Du Lac Bridge. • … from the Bridge “triangulaon point No. 24 bears, N. 36°30’43” E. 1327.67 feet …” • “… from the center of Fond Du Lac bridge, N. 46°22’13”W. 13 feet to point designated as State Line Point No. 9, being Boundary Line Commission tablet cemented in top of west concrete rail of said bridge; …” • The descripon connues by course and distance up the St. Louis River “medial” center line as surveyed up River to the Falls. • “… to Staon No. 84, being a point in the center of St. Louis River at the “Falls”, immediately opposite and 158 feet west…” “… 158 feet west of point on the Wisconsin shore, which point was the starng point of Minnesota-Wisconsin boundary line to the south, run out in 1852. …” • The State Boundary Line laid out by the 1921 Boundary Commission survey ended in the middle of the St. Louis River and 158’ west of a point on the shore line set in the 1852 State Boundary Line ran South by George Stuntz. MONUMENTS Most of the triangulaon points established by the Corps of Engineers “… had been marked by iron pipes, 2” in diameter and 4’ long, capped by 3½” bronze tablets, …inscribed Corps of Engineers …” With consent “… the pipes were removed, and concrete monuments constructed in their places. … monuments described in Report … “Descripons and Geographic Posions of Triangulaon and Reference Points.”

Templates for Standard Monuments and Bronze Tablets that were constructed and set during the 1921 Supreme Court State Line Boundary Commission Survey Minnesota Point North Base “Monument” descripon. Typical “Bilby” or “Survey Tower” for Survey Instruments. Instruments: Transit with 6½” circle & reads to 10” of arc. Steel Tape, 300’ length. Personnel: Consulng Engineers, Transit Man, Chainman, Rodman, Draughtsman. • The Transit Theodolite was used in Survey between Triangulaon Staons and the Angle Points designated for the State Line. • The Corps of Engineers may have used other instruments for their Triangulaon Network survey for the St. Louis River & Harbor Lines. • The 300’ Steel Tape measurements were field corrected for tension and temperature. • Prominent Engineer-Surveyors were hired from both States to supervise the Surveys: G. Dagge & D. Van Vleck-WI. L.Ayres-MN. P. Lillard, Transitman in charge of field party • E. Anderson, M. Kieserling, -Chainman • F. Suech, R. Case, R. Sansted, -Rodman • R. Mapp, E. Blais, -Draughtsman June 25, 1921 RECORD BOOKS: Office of the Geological Survey, Interior Department, Washington D.C. • We return herewith a financial statement showing in detail the money actually expended in carrying out the terms of the decree of the Court. • I did not find a “financial statement” with the report filed with the C.O.E. or Historical Record. RECORD BOOKS All field, computaon and record books have been placed in the custody of the Chairman of the Commission, and filed by him in the office of the Geological Survey, Interior Department, Washington D.C.

The rectangular coordinates, referred to Minnesota Point North Base, of all monuments, reference points and line points are shown in Tables Nos. 2, 4 and 5, hereto aached. Geographic posions of angle points…Table No. 6. • Table No. 1: Triangulaon Staons “Survey of the St. Louis River in 1861.” Referred to Sta. “MN. Point N. Base, 1870.” Distances are at “Base Line Level” • Table No. 2: Triangulaon Staons Monument data from the “U.S. Lake Survey” • Table No. 3: Angle Points in U.S. Harbor Line Points are on the Minnesota Side of Channel • Table No. 4: Angle Points in the Boundary Line State Line Angle Points in Lineal Progression • Table No. 5: Reference Points & State Line Pts. Fond Du Lac Bridge & Minnesota Dock Trespass • Table No. 6: Geographic Posion of Angle Point State Line Angle Points with Azimuth & Distance

Table 1: Rectangular Coordinates from records of the U.S. Lake Survey for the Meade Map Triangulaon Staons. Table 2: Rectangular Coordinates of the Corps of Engineers for New Triangulaon Staons aer 1861. Table 3: Rectangular Coordinates of Harbor Line points on the Minnesota side of Channel. Table 4: Rectangular Coordinates of Angle Points in the State Boundary Line Survey. Table 5: Rectangular Coordinates of Reference Points and State Line Points located in Survey. Table 6: Geographic Posions and Azimuths/Distances of Angle Points for State Line descripon. June 25, 1921: Title/Legend for Commissioner’s Map Exhibit No. 2 Exhibit 2: 1921 Survey Commission Map of Present Harbor for Survey of State Line and Details. Detail of Big Island Area from Commissioner Map Exhibit No. 2. 1921 State Line Trespass: McDougall Shipbuilding & Zenith Furnace Co. PART 5: A Present Day Review of the 1921 Triangulaon Survey “State Line” Monuments Condion and Posions. Where are State Line Monuments? What is the present condion of Monuments? How does the 1921 Rectangular Coordinate data relate with present Monuments? Minnesota Point North Base Monument: The Point of Beginning. Reference Monument was used in 1861, 1870, 1921, 1941, 1966, 1988, 2018. Minnesota Point South Base Monument: The 1921 Monument Tie descripon describes a Monument similar; a 1’ sq. SS with a Brass Plug… The 1921 North Base Monument was Rectangular Coordinate 0’ N.,0’ E. St. Louis Transverse Mercator 96 Grid Projecon-NAD83 on Geoid09 was used for VRS-GPS Measurements and used to orientate the 1921 Rectangular Coordinates. The 1921 Rectangular Coordinates were Rotated to C.O.E. Monument No. 161. No. 161 was more Centrally Located and not reset with a Standard Monument Table of 1921 State Boundary Survey Line Reference Monuments: SLCTM96mod-NAD83 U.S. Feet. VRS Survey. Monument#-Coordinate-Bearing/Distance-Condion: [B & D from Computed 1921 Coordinates to Found Monument.] 1921 Monument Control shied to found N. Base & rotated to found COE 161. 20 of 30 Monuments in fair condion.

The 1897 NP RR Draw Bridge across St. Louis River from West Superior to Rice’s Point. The GATE: The bridge center pier was the Point of Beginning for the 1921 Judicial State Line. COE 106B [Destroyed]: The old Interstate Bridge was removed and the High Bridge built in 1961. Le: Old Interstate Bridge Pier. Right: Old Bridge Remnant and 1961 High Bridge to Superior. Northern Pacific Interstate Bridge between Duluth and Superior at Rice and Connor Points. How can we confirm the 1921 Coordinates for the Point of Beginning? [ref.map LST&T Title Plat] COE”DM&N” [unknown]: 60’ high on End of Track of Abandoned Loading Facility of CN Ry. Corps of Engineers No. 9 Harbor Reference -a 3”d. Brass Cap is below point of GPS Pole on Dock. COE 104A [Unknown]:1973 Swing Ties on center line of Pivot Pier on N.P. Bridge