The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1920-08-27
STATES FIGHT
OYER BOUNDARY
Of LONG STRIP
Texas and Oklahoma Have Legal
Battle, Because of Shifting
River Bank.
OLD LANDS CONTESTED
Piece of Land 500 Miles Long Are
Subject to Much Debate and
a Legal Tangle.

Austin, Tex, Aug. ..'-Dne OF the
greatest legal struggles the United
States has ever known will develop
from the Texas Oklahoma boundary
suit now pending inGthe United States
Supreme court. according to c. W.
Taylor, Texas assistant attorney gen
eral The United States, Oklahoma
and Texas claim jurisdiction over
the lands involved. ''..-.'~.''-
None of the factions in the three
cornered fight is advancing claims
for definite bodies OF land this early
in the struggle. In a genera! way
Oklahoma claims that the south bank
of the Red river, as it flowed in 1919
when the treaty between Spain aud
the United States fixed the boundary
between their respective holdings is
the line The United States supports
the Oklahoma contention where 1ndi-
an lands are involved and claims
jurisdiction over these lands. Texas
contents that the center of the present
river bed is the boundary.
500 Mile Strip Contested
These conflicting claims leave the
title to a strip of land along the
meandering of the river for at least
five hundred miles in doubt Only
the length of the strip is definitely
set out in the claims. Its width varies
from few feet to several miles.
Texas will first contend for the
middle of the river as the boundary.
Mr.. Taylor said, and if it loses this
fight will claim the. ordinary high
water mark of the present river as
the south bank. Every foot of the
land south Of the high water mark
on this side Of the river will be con-
tested. If Oklahoma5s claim that the
river has shifted north in places since
the treaty was signed is allowed, he
continued, Texas will ask that Okla.
homa be required to prove every shift
of the river which allows encroach-
ment upon soil now held by Texas
In rebuttal, he added, it is possible
that Texas will attempt to prove that
the river bed has shifted south in
places, and thus placed Texas land
on the Oklahoma side Oklahoma has
designated only ono or two points
where it is alleged the river has
Oii LanG Effected .,<s.
In the south bank of the river IN
1919 is fixed as the boundary, Mr.
Taylor said, the question of fixing
the old bank Of the stream will in
crease the magnitude of the suit
which will then resolve itself into
a series of tangles with masses OF
evidence to support claims and coum-
ter claims at numerous points along
the river.
The boundary between the tWJ
states has been disputed practically
ever since the land was worth claim
ing. While Oklahoma was terri
tory the United States entered suit
and recovered Greer county from
Texas on the grounds that the south
branch of the river, instead OF the
north branch was the boundary and
that all the land in the forks of the
river belonged to Oklahoma. But the
DISPUTE. between the two states was
held to local properties until the dis
covery of oil on the Texas side in
Wichita county. Then in Novembe:
1919, Oklahoma claimed lands between.
the bluff and the edge of the river
on the Texas side under the allega-
ton that the river had shifted from
the bluffs northward since the treaty
was signed, and from this suit grew
the one involving the whole boundary.
Practically all land involved is held
under the title issued either by Texas
or Oklahoma. If jurisdiction over
lands is changed, these titles will
become void, it is said, and, the prop
erty subject to resale by the state
acquiring it, unless provisions are
made to the contrary in the settle
ment of the suit.
The first hearing Of this case be-
fore the supreme court is set for
November Is, when the question of
whether the decision in the Greer
county case shall apply in this suit
will be submitted.