The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1937-06-10
The
SUPREME
COURT
AND HOW
II IT WORKS
Disputes Bet,ueen States
By ROBERT MERRILL

~ tons of the Supreme court
of the United States consists in
protecting the people of one
state from being deprived OF
their rights by a neighboring
state.
Like individuals, the 48 states In
the Union do not always agree on
matters which affect them in COM
mon.
In many respects each state is in
dependent of every other state. Each
has its own government, constitu-
ton, and laws. Each surrenders to
the federal government, under the
Constitution, only enough of its in
dependence to assure regulation for
the common good in matters of ma
tional concern.
Frequently one state believes that
neighboring state has deprived
or is depriving it of certain rights.
It may believe that some OF its
territory is wrongfully claimed by
its neighbor. Or it may think that
another state is polluting a river
which runs through, or bounds both
states. Perhaps the waters OF an
interstate river are being diverted
by an upper state, so that the lower
state is deprived of some of its ben
efits. A difference over financial mat
tiers may also demand decision by
on iy,,po rfio1 nm miro
Constitution Provides Umpire.
Under such circumstances, the
state which believes itself to be in
jured will ask the other to repair the
alleged damage, give up the dis
puted land, or make payments OF
money claimed on loans, etc.
Often the state on which such de-
mands are made disputes the
claims. What are the possible re-
suits?
The disputing states could, in such
a situation, have difficult time.
When similar disputes arise between
independent nations, the choice lies
between diplomatic conferences and
war. But, here, under the Constitu-
ton, the Supreme court is prepared
to meet such situations.
What were some of these differ
ences, amicably settled by submit
ting them for decision to our Ma
tional Umpire? Here are few:
In 1882 Rhode Island asked the
Supreme court to determine the cor
rect boundary line between that
state and Massachusetts,. Both
claimed title to the land under their
respective charters from the Brit
ish crown.
Massachusetts Wins.
After determining that the evidence
showed the territory in dispute had
been possessed and occupied by the
people of Massachusetts for over
two hundred years, the court de-
cided in favor of the Bay state.
''It would be difficult" explained
the opinion, "to disturb a claim thus
sanctioned by time, however un-
founded it might have been in its
origin"
In another case, Missouri and Ken
lucky could not agree as to the own
ership of an island in the Mississippi
the boundary between the two
states. The main channel of the
| river had been fixed as the dividing
line.
From the evidence submitted the
court decided that at that time the
main channel had been on the west
side, and therefore the island was
part of Kentucky.
Numerous wars have been fought
in the course of history because one
country thought it should have part
of another's territory. Many not dis
similar disputes between our states,
however, have been settled so quiet
ly by our National Umpire that few
people were even aware that differ
ences had arisen.
Court Recalls Old Treaty.
In 1921, for example, the Supreme
court was asked to decide a dispute
between Oklahoma and Texas, in
volving a strip of valuable oil land
claimed by both.
To avert possible armed conflicts
between parties claiming title from
the state of Texas and others claim
ing title from the state of Oklahoma,
it became necessary for the Supreme
court to assume charge of the ter
citorY through. receiver, until the
dispute Was decided.
THE case was settled in favor of
!! Oklahofna,.. aftes :ffie court found it
Necessary TO. consider a: treaty be-
tween the United States and Spain,
signed back in 1919.
On another occasion the Supreme
court ordered Colorado not to divert
more than a small amount of the
waters of a river within it's bounda-
ries, because such action would de-
prive the people of Wyoming of their
right to have the river, on whose
waters they depended, flow through
their state.
In these, and other cases, the SUI
preme court, by its decisions de-
termined the law for the whole peo-
pie, and fulfilled it's purpose as
guardian of their rights.
Western Newspaper Union.
Boys Taught Gambling
Boys at Cobha school, Redcar,
England, are receiving lessons in