The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1920-12-16
RED RIVER CASE
UP TO HIGH COURT

CONTINUED FROM PAGE ONE
Justice White could not follow him.
Tho chief Justice therefore extend
ed Gregory's time "a minutes ars
,od him to speak slower. Even then
gregory could not finish and begged
,he chief Justice for little more
" IL Just as CHRISTMAS present ana
In the main the argument again
reverted to the treaty of 1919 be-
tween Spain and the United States,
and ranged about the negotiations
carried on for the United States by
secretary OF State John Quincy
Adams.
Erccling Holds Audience.
The audience leaned forward and
listened intently as Attorney Cen
eral Freezing of Oklahoma asserted
that the United States and Spain
we're near TO war over the Red river
boundary in 1919: that Adams. act
ing in the name of President Mon
roe sent what really amounted to
an ultimatum to the Spanish minis
ter insisting that the United States
be given the land in the Red River
10 Its south bank.
Attorney Gregory, on the other
nanQ, dsseTttu tUut CoIlp oIlist
had been effected, whereby the
United States had obtained posses
sion OF Arkansas and Sabine riveN
10 their south banks. and that the
middle OF the stream had been
fixed as the boundary between
spain and the United States along
the Red.
Texas Kicks on Memoirs.
Texas protested strenuously the
acceptance by the court OF the
Adams memoirs on the subject. say
ing memoir was not a state paper.
Oklahoma, on the other hand. in
sisted that memoirs written by Sec
retary OF State and later President
Adams In the quiet of his library
and giving the history OF the case
certainly was as reliable evidence as
could be obtained.
Attorney General Freezing based
most of his argument on the Ada ms
memoirs, and the decision in the
Greer county case of 1894. Former
Attorney General Gregory. whose
mastery presentation OF the Texas
claim brought him congratulations
OF attorneys on both sides. gave the
Spanish minister and negotiator as
his authority for the statement that
spain never gave the United states
utle 10 the river to its south bank
sVlng the United tSates only the
Islands.
Nayigability Question.
The question Of whether Red
f'ver was navigable in 1919 contin-
ued TO be "A source of much inter.
eS 10 the court and Justice Day
Questioned Mr. Gregory about It.
Wngory said the river was navigabl
lot the flat boats, and light craft
OF mat day and continued great
artery OF commerce until the build.
Ing OF parallel railroads in the earl,
e'shlies' lie said that while II may
nol have been navigable for steam
ooal navigation, Fulton had run the
,lrst steam boat o;( uhe Hudson
onE eleven years before the treat,
Gregory challenged Oklahoma OF
.ne United States government as in
,,srVehor' TO show that anywhere II
.ne treaty or In the state paper.
ss so,errins to II was 1t said that tn
''aul pank was the boundary.
associate Justice McKenna asked
H,hm.orney Carrigan why he believes
va. spain was insistent on tn,
,'e ,iua'e of the stream. Carrigan re
eu mat Spain desired irrigation
son. "., me river for a colony on tn,
N..h SD Attorney General Free
OF oklahoma said that Adams
language was plain, that he insist
,sh on the south bank and nevei
,ielded' and that Spain yielded II
,hH lace Of an ultimatum. Ever,
msnoel OF President Monroe's cabl
'Io sa sustained Adams in this conten
"oh, Freezing said.
poners History as Evidence.
w,,,eeHhS introduced histor
son,un ,en by Fuller which said that th
honrn pdhk was decided upon as III
,hhuaiy' ,ha Freezing said this WI
dsaI,ny school history In existenc
ahg with the negotiations
aoush The Texas attorneys ha,
,oarcned ,o the world over for n his
AZ AZ mat took the Texas viewpoint
tba, rontended. Freeing said
wsra u me center OF tho stream
(, usclded upon as the boundar
firS' SS'u'd take one hundred years l.
fprthasne sne center OF the stream. II
tsit pointed out that Adam
MI, "e center OF the stream boun
thrs. question was at that i'm
s,a,enihs war between the Unite
Or"ss ana Great Britain in tn
no.' oh case, Ten OF the railroad
ban, crossing the Red river pa
taYa. freezing said. He also cit {,
An anlo Oklahoma clear to III sou'
s.p'nlon OF Land COMMISSIONS
slS / Robinson Of Texas, whic
harLme me boundary was at the sout
uman, 'oid OF an unchallenged NOR
rtysr" On the Texas side OF the Re
ahn, oe'ween Jackson county, OK
aS Sh;and mnd Wilbarger county. Tex
the rhch gave the south bank q
cour,,u r,o,undary, and said that Wichlt
msn,' Teaxs, had left law enforct
Ok,a. IN the bed OF the river /
until ,iima ,n and made na claim to
' The discovery Of oil.