The Topeka state journal., 1909-01-07
THE SOVEREIGNTY OF STATES.

! If favorable action is taken by con-
gress on the suggestions contained in d
resolution presented to the house of
representatives by Mr.. Humphreys of
Mississippi, a precedent will be estab-
hshed which will permit of states, sepa-
rated by rivers, joining forces for the
preservation of law and order on small
| islands in the waterways over the
! Jurisdiction of which there is now con-
| ficting doubts. Should the plan be a
tenable one it ought ultimately to re-
suit in steps being taken which Will put
an end to the lawlessness that has pre-
vailed on pieces of land in the Missouri
river between Kansas and Missouri and
where violators of the statutes of both
states occasionally show their con-
tempt for decency and law. The same
will hold true of similar situations
throughout the entire country. Mr.
Humphreys measure only relates spe-
cifically to the difficulties in this par
ticuIar which are now experienced by
the states of Mississippi, Arkansas
and louisiana but if congress assents
to it there is no reason why other
state which are confronted with the
same problems should not do likewise.
The proposition advanced by Mr..
Humphreys is an exceedingly novel one.
His resolution before congress, on
which a hearing is to be given on jan
uary Is by the Judiciary committee of
the house of representatives, authorizes
and empowers Louisiana, Arkansas and
Mississippi, to resume for the time be-
ing that sovereignty which dwelt orig
inaIly with the colonies before the
adoption of the present constitution,
and this assumed sovereign capacity
to negotiate a treaty which shall ad-
Judge and settle the jurisdiction of
crimes committed on the waters of the
Mississippi river where it forms the
boundary line between them, as well
as in those places which have been cut
off from the main body of their respec-
tive states by the shifting of channels
of the Mississippi river.
1t is claimed that at several points in
the Mississippi between these three
states-and the same conditions main
tain in other portions of the country
where rivers of the tickle sort divide
certain states-the river by making
cut-offs has left small tracts of land
disconnected from their original juris
diction, and that the due process of
law has therefore been seriously ham,
pered. When these bends were first
cut off the original channel began to
fill and soon became in fact part of
the main land of the opposite shore,
and being thus separated so completely
from their original states they became
veritable parcels of no mans land
where the wicked fee to when the
sheriff pursueth.
Back in 1884, according to Repre-
sentative Humphreys, Virginia and
Maryland before they had surrendered
any of their powers to the United
States, entered into a treaty by the
terms of which they were to exercise
concurrent jurisdiction ''of all piracies,
murders and other crimes committed
on the waters of the Potomac river
where it formed the boundary line be-
tween them.
The supreme court of the United
States, Mr. Humphreys says, has de-
clared this compact still in force, and
it is being insisted that there is ample
constitutional authority for congress
enter into a similar agreement. If the
now to empower any of the states to
resolution is agreed to the people OF
the country will witness the unique
spectacle of plenipotentiaries and am
bassadors extraordinary from Missis-
sippi, Arkansas and Louisiana assem-
bling in dignity to negotiate a solemn
treaty between their respective SOW
ereignties.