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Last modified
1/26/2010 4:14:23 PM
Creation date
10/12/2006 5:28:47 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8200.400.30.C
Description
La Plata River Compact
Basin
Colorado Mainstem
Date
1/1/1922
Author
Delph E. Carpenter
Title
Report of Delph E. Carpenter, Commissioner for the State of Colorado in Re: the La Plata River Compact
Water Supply Pro - Doc Type
Publication
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<br />[ 17 ] <br /> <br /> <br />above case at the following pages: "A commissioner was appointed <br />on behalf of the United Statcs" (162 U. 8., 1, 65) ; "the commis- <br />sioners of the tWQ Governments"-i. e., the Government of Texas <br />and the Government of the United States (162 U. 8., 1, 66) ; "a <br />joint commission on the part of the United States and Texas <br />commenced the work," etc. (143 U. S., 621, 635) ; "the commis- <br />sioner on the part of the United States" (id.); "the commis- <br />sioners of the United States and Texas" (id,); <br /> <br />By the act of January 31, 1885, chapter 47 (23 Stat., 296, <br />297), it was provided that the United States should appoint a <br />representative who should work in conjunction with a represen- <br />tative to be appointed by the State of Texas, for the purpose of <br />ascertaining the bonndary. 'l'he following references appear as <br />descriptive of the persan and the agency: <br /> <br />"The t\\'o Gavernments (United States and State of Texas) <br />appointed commissioners" (162) U. S., 1, 76); tbe joint body <br />so constituted is defined as "the Joint Boundary Commission" <br />(162) U. S., 1, 21) ; in the act by the Legislature of Texas anthor- <br />i~ing the appointment -of its commissioner, the 'combined repre. <br />sentation of the two Governments (State and National) is desig- <br />nated a "joint commission" (162 U. S. 1, 73) ; by the act anthor- <br />izing the suit hetween the United States and Texas (26 Stat., <br />81, 92, chap, 182, see, 25) the earn mission formed under the act <br />of 1885 with the State of Texas is designated as "the joint boun- <br />dary commission under the act of Oongress," etc. (.143 U. S., 621, <br />622) ; and by tIle act of 1885 "a joint commission was organized" <br />(143 U. S., 621, 636) ; <br /> <br />Without further multiplication of examples, it would appear <br />that where two representatives of the United States and of a <br />State are dnly appointed for the purpose of settling a boundary <br />or some other dispute, such persons are "commissioners" and <br />are collectively u, "joint commission," and as the court said. (.162 <br />U. S" 76), "Under the act of Texas of 1882 and the act of Oon- <br />gress of 1885, the two Goverments appointed commissioners," <br />and- the body so constituted. was a "joint commission." <br /> <br />This exercise at the treaty-making po,wers of the two separate <br />Governments (National and State) necessarily proceeds upon <br />tbe fundamentaJ. fact that there are two separate and distinct <br />Governments, each having its attributes of sovereignty. Of this <br />we shall make mentiQu in a separate memora:ndurn. <br /> <br />COMPAC'l'S BETWEEN STATE AND NATIONAL GOVERNMENTS. <br /> <br />Controversies arising between two States or between the <br />United States and, a 8tate or States maybe settled by compact <br />or agreement 01> by judicial determination by the United States <br />Supreme Court. Diplomacy failing, the suit before the court is <br />
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