Louisiana v. Mississippi
Headline: Court appoints a special master to investigate facts, hold hearings, issue subpoenas, and recommend a decree, while allowing parties to share the master’s costs and seek review.
Holding: The Court ordered that Thomas Q. Haight be appointed special master to collect facts, take testimony, issue subpoenas, administer oaths, and report findings and recommendations to the Court with costs to be apportioned among the parties.
- Allows a court-appointed official to hold hearings and subpoena witnesses.
- Requires parties to pay and share the master’s expenses and printing costs.
Summary
Background
A complainant and a defendant brought a dispute before the Court. The Court ordered that the case be referred to Thomas Q. Haight as the special master. The master is to report findings of fact, conclusions of law, and recommendations for a decree, all of which the Court will examine and decide on. The order lists counsel for both sides and sets out how the master's work should proceed.
Reasoning
The order addresses how the Court will gather and record evidence rather than deciding the case’s outcome. The special master is given power to fix times and places for argument, run hearings, employ competent stenographic and clerical assistants, issue subpoenas to secure witnesses, and administer oaths when necessary. The clerk must cause the master’s report to be printed, and once printed the parties will have a reasonable time, to be fixed by the Court, to present exceptions. The Court will then review, approve, modify, or dispose of the report.
Real world impact
The appointment speeds formal fact-finding and creates a printed record the Court can review. Witnesses may be compelled to attend and testify under oath, and clerks and stenographers may be hired to record proceedings. The special master will be allowed actual expenses and reasonable compensation to be fixed later, and the Court will direct how those costs and the printing expense are charged among the parties. If the appointment is not accepted or the post becomes vacant during Court recess, the Chief Justice may name a replacement with the same authority.
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