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- Subject: No. 74, Orig.--DISSENT, GEORGIA v. SOUTH CAROLINA
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- SUPREME COURT OF THE UNITED STATES
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- No. 74, Orig.
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- GEORGIA v. SOUTH CAROLINA
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- on exceptions to reports of special master
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- [June 25, 1990]
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- Justice White, with whom Justice Marshall joins, dissenting in part.
- I join all but Part VI of the Court's opinion. In that Part, the Court
- sustains Georgia's exception to the Special Master's use of the "right
- angle" principle to delimit the boundary between the two States where there
- is an island in the river belonging to Georgia. Where this is the case,
- the boundary line is not a line equidistant from the mainland shores of the
- two States as it otherwise would be, but a line equidistant from the island
- bank and the South Carolina shore. In particular dispute is Pennyworth
- Island, an island belonging to Georgia just north of the city of Savannah
- and in existence when the Treaty of Beaufort was signed. The Special
- Master recommends that the boundary at Pennyworth be the island-South
- Carolina shore center line only so long as some part of Pennyworth is
- opposite the shore, but when that is not the case, the boundary reverts, at
- right angles to the shore-to-shore center line.
- This is an eminently reasonable approach, it seems to me. Furthermore,
- it is faithful to the Court's decision in 1922. There the Court ruled as
- follows: "(1) Where there are no islands in the boundary rivers the
- location of the line between the two States is on the water midway between
- the main banks of the river when the water is at ordinary stage; (2) Where
- there are islands the line is midway between the island bank and the South
- Carolina shore when the water is at ordinary stage . . . ." Georgia v.
- South Carolina, 257 U. S. 516, 523 (1922). Thus the boundary line at any
- point is determined by reference to just two banks, either the two main
- banks or the island and South Carolina banks. This cannot be carried out
- by any method other than the Master's right angle approach.
- Georgia's approach, which the Court adopts, would deviate from the main
- bank-to-bank center line far short of where any part of the island is
- opposite the South Carolina shore. This point, it is said, is a point
- "triequidistant" from the South Carolina shore, the island shore and the
- Georgia shore--thus referring to three banks rather than two. It is true
- that from that point onward the boundary line as it circumscribes the
- island would at any point be equidistant from the island and South Carolina
- banks, but the point at which the shore-to-shore center line ceases to be
- the boundary at either end of the island requires reference to the two
- mainlands and the island. Using Georgia's approach, the boundary is no
- longer exclusively determined by either the two mainlands or the island and
- the South Carolina banks.
- Georgia complains that the Master had no authority for his position but
- he did his best to follow the 1922 decision, noting that in that case
- Georgia pressed the position that it now urges--that when the island-South
- Carolina bank center line passes the ends of the island it "deflects" and
- continues until at some point it meets the center line between the two main
- banks. The Court, as the Master noted, did not endorse this position, for
- it made no mention of "deflection." Rather, as I have said, it defined the
- boundary everywhere with reference either to the two main banks or the
- island-South Carolina banks.
- Furthermore, the Master was convinced that Georgia's position would
- unfairly deprive South Carolina of the ownership of some riverbed that does
- not lie between the island and the South Carolina shore. The Court
- concedes that there is no precedent for Georgia's position, fails to give
- any deference to the Master's view of what is a "fair" resolution of the
- issue, and, as I see it, misreads Georgia v. South Carolina, supra. With
- all due respect, I dissent.
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