Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1910-04-08
a}tistellanrous Reaaina.
RIVER PUZZLES TWO NATIONS.
Mexico's Claim to Part of the City of
FL Paso.

disputed point between two nations. II
the change was made in night, the
u. S. will lose to Mexico part OF
the city of FL Paso: If the change was
gradual, all FL Paso remains the prop
erty of the United States. Pending a
settlement both nations respected the
disputed ground as neutral territory
when Presidents Taft and Diaz met
here, but FL Paso declined to recognize
the agreement and policed the disputed
territory and put up American flags
there.
FL Paso is the only border city in the
country where there is an international
contest for ownership of territory. 1t
is hoped that the controversy will be
settled this summer. All the trouble
came from the shifting waters of the
Rio Grande, the banks of which are
sandy and unstable.
Just how the river got to its present
location is the question at issue. If 1t
was gradual, accretiOn they call it, then
the property belongs to FL Paso: but
If the change was by evulsion, If the
river merely left it's old banks and ran
around in new course, the disputed
territory belongs to Mexico. BY the
treaty of Guadalupe y Hidalgo, it was
agreed by the two governments that
the river as it then existed should be
the boundary between the two nations
and that in the event of a change by
accretion the property lost by one ma
ton would become the property of an
other, but in the event of change by
evulsion, the property left by the river
should remain in the possession Of the
country to which it had belonged be-
fore the change. 1t was also agreed
that the old river bed should be at
once marked by monuments.
Following the signing of this treaty,
however no steps We're taken for many
years to locate the boundary either on
maps or by monuments and since that
time the river has changed it's course at
FL Paso and has thrown strip of land
five blocks wide and about mile and a
half long from Mexican territory into
Texas There is no disputing this
change The records of the boundary
commission show that the river ran in
1852 where Seventh street is now To-
Gated. The river is now five blocks
away, at Twelfth street. Just how the
river got there is what has to be set
tied,
In the Federal court about seven
years ago, T. S. Maxey, United States
district judge for western Texas, held
that the land was United States terri
tory. The decision was given In a suit
brought by w. J. Warder and others,
who filed a claim to the land under an
alleged grant from the king Of Spain,
known as tine Chamizal grant and who
declared that the territory belonged to
Mexico and their claim must be recog-
nized. The judge overruled their con-
tention and decided that inasmuch as
the United States had exercised politi-
cial and judicial Jurisdiction over the
land he must recognize 1t as American
territory,
Up to this time the Mexican govern
ment had laid no claim to the land. The
Warder suit had the effect Of causing
Mexico to claim the strip. Warder in
his suit in the Federal court introduc-
ed the testimony of several aged Mexi-
cans, who declared that they remem-
bered a sudden flood about fifty years
ago when the river changed abruptly
from it's old course and took its present
location. Several others testified that
certain cottonwood trees now growing
in the disputed zone were there before
the flood, and Warder's lawyers argued
that if the rivers change mad been by
accretion these trees would have been
washed away. Timber experts were
called to tell the age Of the trees, but
none of them would testify that the
trees appeared to be as old as the Mex
lean witnesses alleged.
Thus the case stands. Mexico is in
the position of the plaintiff and must
prove her case. Even if she proves it,
Secretary of State Knox is quoted as
saying that the United States will buy
the land.
In the meantime squatters on the
land who are paying rents to the own
ers of the ChamiZal claim-Warder sold
his rights to Pennsylvania and New
York syndicate which was headed by
Brewster Cameron, who was drowned
about year ago at Niagara Falls-are
giving trouble to the people holding
the land under Texas titles. The squat
ters refuse to recognize the rights of
Texas courts to remove them.
Two stray pieces of land lying be-
low FL Paso illustrate how the river
does switch its course suddenly. AL
most within the city limits is horse
shoe shaped piece Of property of sew
erai thousand acres which was thrown
into Texas by a sudden change of the
river about fifteen years ago. The riv-
er then made it's horseshoe bend around
FL Paso. but it suddenly cut across
Mexico and left the horseshoe strip
high and dry in Texas. Monuments
were at once set out and now Mexico
has piece of property on the Texas
side of the river.
Thirty miles further down the river
ran similar curve in Mexico,
but suddenly made a straight cut for
the ocean and threw $1,000 acres of
Texas territory into Mexico. This has
also been marked with monuments in
tine old river bed and Texas exercises
Jurisdiction over a strip of land that is
on the Mexican side of the river and on
which 800 farmers make their homes. |
A bridge leads from the FL Paso coun- |
ty road to this territory known locally |
Is the island.
So ii is possible that part of FL Paso
.ightfully belongs to MeXico.-New |
York Sun.
THE MUSkRAT SEASON.
MiIIiooe of CL;pe SoId Eacb va,r L., |