The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-03-17

~ MORNING., MAR,
s.deration of the claims OF the state for
equitable rights in view OF the fact that
schoo s h osan1 snars the county and built
settlers who might be injured by the de-
eis!on. He held that the United States
government had done all In it's power to
warn both the settlers and the State
kalnst the occupation OF this disputed
nrIl,ury. tic cites the messages OF Pres
dents Arthur and Cleveland and the CON
anludl assertions OF the government as to
US rights IN the disputed territory. Tie
also holds that the governor OF Texas had
refused TO grant land TO settlers, holding
stu In doubt. and while the settlers who
nau, N spite OF these warnings. both
from the Federal government and the
lands IN Greer county were deserving OF
nttle sympathy, tho court Is convinced
mat congress win do whatever Justice is
due them; and even show whatever lem
icncy which should he shown. hut Il is
not within the province OF the supreme
court to be moved by lenient considera-
law aud the facts in the case before II,
Tho decree entered merely rccltcs tho
tact that Greer county does not and
never has belonged to Tcxas and is there.
fore constituent part OF the United
states '
Immediately upon the news OF tho dc.
N.Hf'Al III Nnu W nltN HufSN President
Cleveland issued his proolan,at!on when
mas been prepared for some time, warn.
ing an settlers from the territory until
arr;angelnents could be made for its for
MAJ opening mp for settlement. and the
mousse PASSED as amendment TO the Okla.
homa free home bill a provision suspend.
sns ,nc onerauon OF tho general home
| stuad law In Greer county until the rights
| or It's present occupants sould be adiu-
dicated
HISTORY or THE CASE.
The controversy between tho Irnited
states and the state OF Texas over The
1 btcssession OF Greer county grew out of a
hu S ,r over a boundary line designated
ny If&ty with Spain, made In 1919 and
ratiiied in ISL, the man point al issue
9 9r1ng We true point where the one hum
ureuth .deIree OF longitude crosses the Red
river as described IN said treaty AS IA
mater or fact there is more land than Is
included IN Greer county involved In the
anSe' put TEXAS has never laid claim 10
hything but tho Lbll.576.17 acres living
between the North and prairie Dog Town
forks OF Rcd rivor.
The treaty between the United States
snd Spain. executed ia 1912 ratified on
teprnaFy q. 1881. which treaty was In
,ttHed TO designate with precision the
m nm OF the respective bordering terrific
res IN North America between the two
lows: '''" US i"'-
The boundary line between the two
.pun ~, west or the mississippi shall be-
th on the cur of Mexico AT the month
OF tne River sabine. In the sea- coutInul M,
north along the western hank or thnt ,Iv',,
I'm s thirty.soeond degree of latitude;
tuenve ny a Inc due north TO the degree
| on iautude where 1t strikes the Rio Roxo
ni Nhtehltoches, or Red river; then folin,y
,ilS me course or the RIO RoNo westward
70 tne ueSree OF longitude loo west from
London aud q from Washington. tbcn
elosslhg the said Red river nnd rlnnin,..
H ngi,Gs by line due north 10 tho River
IN" sonS6 or ShSnr9 following the course OF
a is All,
s22u1oc IN latitude ~ moth; md thcncc h,,
iat parallel OF latitude 10 the south Sc,
inap OF S'f fbn o' ilS ts iaid down In MeIlsh's
n,,an1r, I'M! improved to the Isl of .Io%'
But 10 tho source of tho a,
n,'''saF river shall be found TO fail norm
or south OF latitude ~ tbe, "' ,,n
3 i,o snail be run from tho snid source
NM NM sGu'n or north. as the case may he
thence along the ' sa,i s ndi parallel a. ana
p5 ~, 81 me Islands IN this Sabine ana thn
haiu RED and Arkansas rivers thro,,rho,,,
iini,od g., mus described, to belong to the
IH''u states OF America but tho nso of
we waters ana the nnvipntion 20 ~ w.
satplne 10 mo sen and of the said Row o,,J
bn nm",lsas thronshout tho extent OF tho said
pouhuaIy on their rcRpoctiyn hanI<s shall
OF both nations ''''N'''"htS
ne Two contracting parties agreeing IN
a M ,' ~ riounce all then rights claims
-. fN,Hl
ny me SAID line, That is to saw tho iIniteI
SUES hereby cedc TO his Catholic malesty
e ci'i renounce forever all their rights
ing west and south of the above desrrii,ed
me, ana In like manner his Catholic mn
Wy eeues To the, United States all III
,i,nrio Vial,ns ana pretonsions TO any ter
IiotleS enst and north OF the said line ana
Tor himself, his heirs and Succosaors rc
honnces all claim to the said territory for
ever" '''''' W.
When the treaty OF 1910 wos oxocu,ca
texas was phrt OF Mexico. which vns "a
Spanish possession "''
IT. lS2i Mexico became an Independent
nation, and on January r. 1925. n treaty.
between Mexico and The I1nI,cd $50
was executed, and ratified on April s ISM.
WIN the intention of confirming the Wild
u stiil In force and binding upon tho tlnlted
States of Amcrlra and the United MsxIcan
States ''''''
IN the meantime Texas segregated itself
from Mexico and became aud was tecog
ill2ei rs an Independent Republic. and on
the 18th day of April lSls concluded n
treaty with the United States approved
' Y ana y. lSS, by which it was
uecihred mat ''thc treaty of limits made
md concluded on the 18th day OF January,
is2S, between the United States OF Amer
ican on the one part and the United Mex
loan States ON the other. IL binding uron
the Republic of Texas, the Same hayinn
been entered into at time when Texas
Formed part Of the said United Mexican
ilthi'Ns INlS iItdiy OF 1875 also provided
for tho reunitinG and marking. without
unnecessary delay, Of portion of the
line fixed by the treaties OF 1919 and 1893
and specified that each of the contracting
parties shc ud appoint commissioner ami
surveyor to meet at New Orleans within |
twelve months and proceed to run and
mark that portion OF tho boundary be-
tween Texas and the United States. which |
extends from the mouth of the Sabine TO
the Red river
No action was taken In the matter, how
ever. so that when Texas was admitted
into the Union In 1875 tho boundary qucs-
ton was still unsettled.
From 1871 to 1888 under contract with |
the commissioner OF Indian affairs, McsRrs. |
Brown and Jones. an Astronomical survey |
was made of tho Tooth meridian, being the
boundary line between tho choctaw ard |
Chickasaw country and Texas the Initial |
roint of which said boundary line was de-
tormined TO bc ~ the intersection OF said
Tooth meridian with what was designated |
nj that time upon the maps OF the general
land office OF the United States as Rcd
river. and monument was thcreupon es-
tablished thirty chains due north from
thG north bank Of said river. the Red
river referred TO being what Is now known
as the Main Rcd river, or South fork.