El Paso herald. (El Paso, Tex.) 1901-1931, 1911-06-15
GHAMIzAL DECISION" IS NO DE-
C|s|ON; BOUNDARY DISPUTE UNSETTLED
CONTINUED From Page Three.)

/ that the treaties of 1S4s and 1883. as
interpreted by subsequent conventions
between the parties ard by their course
of conduct created an arcifinious mat
ural boundary, and that the conven-
ton of 1884 was intended to be and
was made, retroactive oy the high con-
tracing parties.
(Mr. Commissioner Puga dissents
from this holding for the reason set
forth in his subjoined opinion)
Title by Prescription.
In the countercase Of the United
States the contention Is advanced that
the United States has acquired a good
title by prescription to the tract in
dispute, in addition TO its title under
treaty provisions.
In thesargument ii is contended that
the republic of Mexico is estopped from
asserting the national title over the
territory known as ''El Chamizal," by
reason Of the undisturbed, uninterrupt-
ed and unchaIlenged possession of said
. territory by the United States OF
America since the treaty of Guadalupe
Hida1go
Without thinking it necessary to dis
cuss the very controversial question as
to whether, the right of prescription
invoked by the United States is an ac-
cepted principle Of the law of nations,
in the absence of any convention es-
tablishing a term of prescription, the
commissioners are unanimous In COM
ing to the conclusion that the posses
sion of the United States in the pres
ent case was not Of such character
al to found a prescriptive title Upon
the evidence Aadduced it is impossible
to held that the possession of FL
ChamizaI by the United States was I'M
disturbed, uninterrupted and unchaI-
lenged from the date of the treaty of
Guadalupe Hidalgo in 1848 untdI the
year 1885, when in consequence of the
creation of competent tribunal to de-
eide the question the sChamizal case
was first presented on the contrary
it may be said that the physical pos
session taken by citizens of the United
States. and the political control ex-
ercised by the local and federal gov
ernments, have been constantly chal-
Ienged and questioned by the republic
of Mexico. through its accredited dip
lomatic agents.
Long Standing Dispute.
As early as 1856, the river changes
thresteRing the valley of Ell Paso had
caused anxious enquiries, which re-
suited in reference OF the matter to
the Hon. Caleb Cushing for his opin-
ion.
In January, 1857, Don Matias Ro-
nero forwarded to Mr.. Seward, secre-
tary of state a communication from
prefecture of Brazos relating to the
controversy between the people of FL
Paso del Norte (now Juarez) and the
people of Franklin (now Ell Paso, Tex.)
over the Chamizal tract, then in pro-
cess of formation. From that time until
the negotiation of the convention of
1884 was an endeavor to fix the rights
of the two nations with respect to the
changes brought about by the action
of the waters Of the Rio Grande-
The very exactitude of that conven-
tion precludes the United States from
acquiring by prescription against the
terms OF their title and, as has been
pointed out above, the two republics
have ever since the signing of that
convention treated it as the source of
all their rights in respect of accretion
to the territory on one side or the
other Of the river.
Another characteristic of possession
serving as a foundation for prescrip-
tion is that it should be peaceable. In
one OF the affidavits filed by the
United States to prove their possession
and control over the Chamizal district
Chat of Mr.. Coldwell) we find the fol-
lowing significant statement:
I'm 1874 or 1875 I was present at
an interview between my father and
Jesus Escobar Armendariz, then
Mexican collector of customs at Paso
del Norte, now Ciudad Juarez. which
meeting took place at my fathers Of
flee on this side Of the river.
Mr.. Escobar asked my father for
permission to station Mexican Gus
toms house officer on the road leading. |
from Ell Paso to Juarez. about 200 or
500 yards north Of the river. Ny faith |
er replied in substance that he had |
no authority to grant any such per- |
mission, and even If he had, and grant