The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1921-04-11

today in the Red river case is merely
preliminary 10 O final settlement" "
was the opinion expressed by John
A. Fain, special assistant 10 the at
torney general IN charge Of the fed
eral governments suit for intenven-
lion, when notified Of the decision.
The decision Of course, is q victory
for the government, as Wen as the
state Of Oklahoma, in that it fixes the
south bank Of the river as the bound.
ary between Oklahoma and Texas q"
said Mr.. Fain. But, now the supreme
court has named the south bank as
the dividing line, wen have to determ-
Inc definitely, just where that bank
s There is also TO be settled The
still more important question Of title
10 the river bed lands involved in the
controversy
Determination Of the exact location
Of the south bank Of The river, MIR.
Fain explained is made more COM
phcated by reason Of the peculiar
character Of the stream. whose chang
ing course. after every spring flood.
brought on the dispute as the bound
ary line. In some places, he declared
this would not be difficult owing to the
high bank, which has been recognized
as the real south bank. while al other
points there will be disputes as TO the
permanency OF flood plains which may.
or may not, have been designated as
the south bank in the original treaty
with Spain. Where flood plains have
stood as far back as human testi.
mony can be obtained, he said. it will
be necessary to establish by docu.
mentary and scientific evidence wheth,
er or not they existed when the treaty
was negotiated.
The government has prepared q
bill. which is ready for filing. setting
forth the contention that the bank,
as described by the treaty is the fast
land bank contemplated by the high
contracting parties to mark the inter.
national boundary rather than IN,
margin Of the aluvial flood plains
which are constantly forming an(
I wasting away and which are too un
stable in character to constitute 9
boundary between nations" ," Mr.. Fair
said
Texas will contend" he continued
that the flood plains formed sine,
/ the treaty are accretionS 10 the soutl
/ bank, by slow and gradual processes
and therefore should be included il
/ the Texas survey OF the south bank
'rhe United States will conten,
/ that these flood plains We're formed
/ by avulsions, which have no effec
uron the permanent boundary line
and will introduce the testimony o
/ biologists biologists. and hydrograph
| ers. To prove its contentious"
Mr.. Fan said scientists had been il
the employ Of the government for tn,
last IS months collecting this testimony
The result of the decision" the at
torney added, takes Texas off the rivei
bed, but leaves to be decided the own
ership of the flood plains in the south
half of the river, in which more thar
100 oil wells are located. Texas paten
tees will continue to claim title to
these flood plains until the location OF
the south bank Of the river is finally
determined. The south half Of the rivel
is claimed by the United States a.
unsurveyed public lands and the Unitet
States also claims title to the media
/ line in behalf of IS Indian alluttees in,
volved in the receivership area. Placer
mining claimants insist upon theil
right 10 title TO these same lands, un.
DER federal mining laws Oklahoma
claims title. And riparian proprietors tt
lands patented on the north bank o
the river claim title 10 ~ of the rivei
bel lying contiguous 10 their holdings.
AS boundary line, the federal gov
ornment and the state of Oklahom:
have had common cause, but, in re
naming litigation, involving title TO tn,
lands in dispute. their contentious vii
be al variance"
Altogether it is estimated that S0l
miles of the river bed is involved ana
in counter contest, Texas had set up
claim to approximately $4,000 acres O
Oklahoma's western boundary line, in
volving narrow strip between tn
Tooth meridian as originally fixed b.
the Jones and Brown survey OF lS5
and the Kidder survey OF 1908.
Mr.. Fain expects to leave for Wash
ington tomorrow and after a conferenc
with Attorney General Daugherty wi
spend several weeks completing his In