Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-07-09
GREERCOUNTY CASE.
Attorney General Culberson
and Judge Clark Returned.
UNITED STATES NOT READY.
The Time Well Spent and Much Valuable
Data Gathered-The Rayner Lasso's
Editor in Town-Doings At
the Capital City.
Specie I to the Gazette.

| SpcClal 10 nc SdEtltG-
AUSTIN, Ten, July s.-Attorney-Gener
| Culberson, who, in company with Judge
| George Clark, counsel for the state, has
! been in Washington and New York on the
| Greer county case, returned to Austin yes
| terday. They We're called t. Washington
by a notice from the counsel for the United
States that they would, on June %, begin to
take oral testimony for the government.
On arriving, there, however, the United
States counsel We're not ready TO proceed
by reason of the difficulty OF securing the
attendance of witnesses, which was not
known until the states counsel
were en- route, ana when 1t
was too late to intercept them.
But the time spent there was well utilized.
The gentlemen named, together with ex-
Attorney General Garland, who is also en-
ployed as counsel for the state, went
thoroughly over the case and fully agreed
on the policy to be pursued and arranged
the line of procedure for the introduction
of evidence by tie state. 1t is understood
that the United States will not conclude its
testimony before October Or November of
this year, at which time the state VIII be-
gin the introduction of its testimony. If
this be true the case will probably not be
finally submitted before the latter part of the
October term of court, which usu ally ad
journs about the first of June.
In conversation with your reporter the
encouragement said: Our visit TO Wash
ington, though it did not accomplish the
specific purpose intended, was entirely sat
isfactory While there in consultation with
Mr.. Garland we determined upon the policy
to be pursued by the state in the case and
arranged the line of evidence to be intro
duced in its behalf We spent several days
IN Washington and New York in quest of
evidence for the state and found much valu-
able testimony in the shape of the debates
of congress. executive documents, ancient
maps and histories and exploring expedi-
tions, much of which has not heretofore
been generally known, and was not intro
duced in evidence before the joint commits
sion of 1856. What the result of the case
will be. of course, cannot be known. and it
would be improper 10 express an opinion,
though it may be said generally that upon
this examination of the case counsel feel
much encouraged. 1t may be that the
court will decline to determine the issue in
volved in the suit upon the merits. The
state, in its political capacity, has never au-
thoriZed the institution of the suit
against it, and except by its consent it
cannot be sued. Governor Ross, it is true,
directed counsel to make answer for the
state, but it may be that the supreme conrt
of its own motion will not consider this
sufficient authority for the appearance of
the state as defendant. The legislature,
speaking for the state, has expressed its
opinion that this controversy should be de-
termined by the usual method of arbitra-
ton. The question at issue being the de-
termination of the boundary line between
two sovereignties, is generally con-
sidered TO be political in its nature, over
which the courts ordinarily have no juris-
diction, and it is proba BILE that the supreme
court will decline TO proceed with the case.
If the court should take this view of the
subject, the question will remain undecided,
and will be remanded to the two govern
ments for future decision. If these objec-
tions can be obviated and the court should
feel authorized to determine the issues in
volved, in my judgment the state has the
advantage"
VIII L. Sargent, the pugnacious editor
Of the Rayner Lasso, vigorous Alliance
paper published III Stonewall county, is here
on business He says that some of his
friends are pushing him for chairman of
the Alliance meeting at Fort Worth Fri
day and Saturday. He Is one of the
most active of the anti-sub-treasury wing
of the Alliance, and does not spare the Ma
cune faction in his paper. They get no
mercy at his hands. Immediately after the
Fort Worth meeting he will turn over a new
leaf, or, what is better, open new book
with fortune. Life on the plains is too
dreary for an old bachelor like William, who
proposes to find in wedlock the solace that
it alone can supply. He goes at once to
Crawford, Miss, where he weds on July b.
Chartered-The San Antonio academy:
capital, $1,000.
Revenue deposits, 5000.
Gen Mabry will order an encampment
for the five colored volunteer guards, to be
held in August, provided rates can be had
on the railroads.
The ladies' Worlds fair committee of
Austin met and organized to-day, Mrs W
H Tobin presiding and Mrs Ryan reading
an interesting paper. The work of orgsni-
zation will be completed next Tuesday.