AZ vs. CA:24 California Exhibits, Vol. XXIV; Miscellaneous

page A93

COMPACT----REPORT BY CARPENTER----COLORADO A93 mentality of joint commissions, the most convenient example is that of the attempts at settlement of the boundary between the United States and Texas. Here two joint commissions, "duly constituted by the National and State Governments, sought to settle the boundary line. The history of these attempts is found in the reports of the United States Supreme Court in the case of United States v. Texas (143 U. S. 621, 162 U.S. 1). Throughout the many pages of the reports covered by the decisions in this case, the representative of the Government of the United States, on the one hand and that of the State of Texas on the other, are designated as commissioners, and the common agency for settlement of the controversy is designated as the joint commission or joint boundary commission. Lest there be some question respecting the use of the term "joint commission," the following references to the opinions in the above case may be profitable: By a treaty concluded August 25, 1838, between the United States and the Republic of Texas (8 Stat. 511), each of the contracting parties agreed to appoint "a commissioner" for the purpose of jointly agreeing upon the line between the two Republics. By the act of June 5, 1858, chapter 92 (11 Stat. 310), enacted in harmony with the act of the Legislature of the State of Texas, February 11, 1854, it was provided that the President should appoint a representative to act in harmony with one from the State of Texas for the purpose of definitely locating the boundary between the Indian Territory and the State of Texas. The following references to the representatives so appointed and the name of the body so constituted appear in the decisions in the above case at the following pages: "A commissioner was appointed on behalf of the United States" (162 U. S. 1, 65); "the commissioners of the two Governments"-i. e., the Government of Texas and the Government of the United States (162 U. S. 1, 66); "a joint commission on the part of the United States and Texas commenced the work," etc. (143 U. S. 621, 635); "the commissioner on the part of the United States" (id.); "the commissioners of the United States and Texas" (id.). By the act of January 31, 1885, chapter 47 (23 Stat. 296, 297), it was provided that the United States should appoint a representative who should work in conjunction with a representative to be appointed by the State of Texas, for the purpose of ascertaining the boundary. The following references appear as descriptive of the person and the agency: "The two Governments (United States and State of Texas) appointed commissioners" (162 U. S. 1, 70); the joint body so constituted is defined as "the Joint Boundary Commission" (162 U. S. 1, 21); in the act by the Legislature of Texas authorizing the appointment