Michigan v. Wisconsin
Headline: Longstanding Michigan–Wisconsin border dispute resolved: Court upholds Wisconsin’s surveyed boundary after finding decades of Wisconsin possession, surveys, and Michigan’s acquiescence, assigning disputed islands and waters to Wisconsin.
Holding:
- Affirms Wisconsin control and jurisdiction over disputed islands and waters.
- Validates decades of Wisconsin taxation, local government, and public works in the area.
- Michigan’s late challenge is denied; costs split and decree to be entered.
Summary
Background
This original suit in equity was brought to fix the boundary between the State of Michigan and the State of Wisconsin from the mouth of the Montreal River at Lake Superior to the ship channel entrance from Lake Michigan into Green Bay. The line was described differently in early laws admitting the states, and surveys by Captain Cram (completed 1841) and William A. Burt (1847) produced a practical line. Wisconsin has occupied, surveyed, taxed, and governed the disputed area for many decades, and Michigan changed its constitutional descriptions over time, most recently in 1908.
Reasoning
The Court examined three sections: the Montreal River section, the Menominee River section (including division of islands), and the Green Bay section (two competing ship channels). It found that Congress’ original language assumed geographic connections that did not exist, that Cram’s and Burt’s surveys established a usable line, and that Michigan knew of and long acquiesced in Wisconsin’s possession. Relying on established principle that long, open, and uncontested possession and exercise of sovereignty is conclusive, the Court held Wisconsin’s claims valid for each section. The Court therefore sustained Wisconsin’s location of the boundary and rejected Michigan’s late claim.
Real world impact
The decree awards control, jurisdiction, and the benefits of long occupation to Wisconsin, confirming Wisconsin’s taxation, local government, and public works in the area. The Court directed the parties to submit a decree form within 30 days or a simple dismissal will be entered, and costs are to be divided between the states.
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