The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1896-01-04
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DAILY


The glorious news comes from
Washington that in the supreme court
ballot for a decision OF the Greer
county case the government won by
strong ms jority OF the court, and that
not later than next week the opinion
will be handed down giving the dis
puted territory to the United States.
This will at once add more than a
million acres OF the finest farming
land and large area, which is
rich in minerals, to oklahoma,
bringing in much country that is we'll
developed and towns that are built
and prosperous and insuring another
large area to be opened for settlement
within the year.
A special Washington dispatch to
the Globe Democrat gives the follow.
ing history of the controversy between
Texas and the United States relative
10 the ownership OF this rich slice OF
land:
"A territory larger than the state of
Deleware will be disposed of by a
States supreme court, which will be
given in few days Greer county is !
the territory in dispute. 1t has
been claimed 10y both the United
States and by the state OF Texas. The
decision, as foreshadowed today, will
be la favor OF the United States. The
amount of land thus added TO the pub
lie domain will be l,5ll,57G acres.
Greer county is the south western
corner of Oklahoma territory II lies
bstween the north and south forks OF
Red river and east OF meridian 100
The dispute as TO the original title
arose over some bad map- making
seventy-6ve years ago, and from
differences OF opinion as to whether
north or south fork was the main Red
river. The treaty defining the bound
ary between the United States and
Spain made the southwestern b)und-
AIRY of this country the Red Iivvr ana
meridian 100. As the map of that day
put meridian. loo about 100 miles east
of where IL should be, there was no
reason for controversy over the forks
OF Red river. But when meridian loo
was moved back to where IL belonged
the question arose whether its inter
section with north or south fork was
10 be taken as the corner of the United
states.
$50 long as land was the cheapest
~ L. -.
that region, very little was heard
about the ownership OF this three-cor-
nered territory between. the forks.
But when people moved in, founded a
town, took up sections of land, sent IA
representative TO the legislature of
Texas and began To furnish business
for the United States courts the ques-
tion Of title became important. The
Texas legislature admitted the mem
ber from Greer and recognized the Of
iicials OF the new county The presi-
dent Of the United States proclaimed
Greer county part OF the Indian terri
tory and warned intruGers off.
I'm 1879 congress passed an act emu
merating the counties TO be embrace ed
in the northern district OF Texas for
federal court purposes. The list 10
c!uded Greer county, put there by a
smart Texas congressman. At the
time the act went through without
discussion, aud on motion for the
previous question the presence Of
Greer county in the list attracted no
attention. But when the question of
title finally reached the United States
supreme court several months ago,
the counsel representing Texas made
much Of this act OF 1879, claiming IL
showed conclusiyoly that the United
States at that time entertained no
question as TO where Greer county be-
longed. EX.Attorney Generrl Gar
land, one OF the counsel for Texas de-
voted almost his entire speech the SUI
preme court To the significance Of this
act of 1879, and when he had finished,
the lawyers for Texas felt very conf
dent they would win on this point,
which they regarded as the strongest
for their ide. But the act Of 1879 Is
said 10 have been considered less i'm
pOrtant by the court than any other
points in the controversy. The decis-
ion. il is understood, will take the
ground that the Inference that the
United States meant by this act to ac-
knowledge Greer county 70 be a part
Of Texas cannot b. accepted. The
court IS on record as affirming, through
Mr.. Justice Harlan, as follOws;
I" The doctrine is firmly established !
that only that which is granted in |
clear aud explicit ie ms passes by
grant Of property fr nshise', or privi.