Mississippi v. Louisiana
Headline: Court appoints a special master to gather evidence and recommend a decree in a dispute between Mississippi and Louisiana, allowing the investigator to hold hearings and shifting costs later to the parties.
Holding:
- Authorizes a court-appointed investigator to gather testimony and evidence.
- Allows the Court to charge and apportion the master’s expenses to the parties.
- Produces a nonfinal report the Court can revise before any final decree.
Summary
Background
The case involves the Attorney General of Mississippi (J. P. Coleman and G. H. Brandon) on one side and the Attorney General of Louisiana (Fred S. LeBlanc and assistants) on the other. The Court ordered the appointment of D. K. McKamy of Birmingham as a special master — a court-appointed investigator — to take testimony and collect evidence for the Court.
Reasoning
The central question the Court resolved was whether to empower a special master to do fact-finding and to outline that role. The Court gave the master authority to summon witnesses, issue subpoenas, receive and take evidence, find facts specially, and state separate conclusions of law. The master must submit those findings, conclusions, and a recommended draft decree to the Court. The Court also authorized payment of the master’s actual expenses and reasonable compensation to be fixed later, and it said those costs and related printing and assistant fees will be charged to the parties in proportions the Court will decide.
Real world impact
Practically, the order starts a formal evidence‑gathering process led by the court-appointed investigator and sets expectations about costs and compensation. The master’s report is not final on its own: the Court may consider, revise, or approve it. If the appointment is not accepted or the position becomes vacant during the Court’s recess, the Chief Justice may name a replacement with the same authority. This is a procedural step, not a final decision on the underlying dispute.
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