WSPC07667

• File Number: 8044
• Description: Section D General Studies-Compacts-general writings
• Date: 6/4/1921
• Title: Brief of Law of Interstate Compacts-Submitted by Delph E Carpenter to Judiciary Committee of House of Rep 67th Cong 1st Session June 4 1921-Powers of States to Enger into Compacts
• Water Supply Pro - Doc Type: Report/Study

OU2415

COlI4PACT BY "JOINT COMMISSION" BETWEEN STATES A1T UNITED STATES.

In another seotion we observe that the States, with oonsent of Congress,
have full powers to make oompacts with each other. ,Treaties between States are
designated as agreement8 or oompaots. (Art. I, secticn 10, par. 3, constitution.)

The United states, in the exercise of its sovereign powers, may enter into
compaots or agreements with one or more of the States, acting in their sovereign
capaci ties.

.

The usual method of formulating suoh oompacts or agreements, either between
the State8 or between the States and the Unit'ed States, ,is through the instru-
mentality of joint commissions thereunto duly oonstituted by legislative enact-
ments and appointment by the executives of the State or the States and of the
Nation. Such joint commissions are in all respeots similar to the joint oom-
missions oonstituted by separate Governments for formulation of treaties between
independent nations. The term does not refer to a joint commission consisting
only of members of tne sovereignty and created by joint aotion of two or more
legislative branches, but refers to that oharaoter of oommission formed by two
independent powers for the purpose of joint action to a common end.,

',~

Of the available examples of settlements of controversies between the United
States and one or more of. the States through the instrumentality of joint oom-
missions, the most oonvenient example is that of the attempts at settlement of
the boundary between the United States and Texas. Here two joint oommissions,
duly.oonstituted 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).

I

Throu~hout the many pages of the reports oovered by the deoisions 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 oommissioners, and
the common agency for settlement of the oontroversy is designated as the joint
commission or joint boundary oommission.

,

Lest there be some question respeoting the use of 1;he term "joint oommission,"
the following referenoes to the opinions in the above oase may be profitable,

Bya treaty oonoluded August 25, 1838, between the United States. and the
Republio of Texas (8 Stat., 511), eaoh of the oontracting parties agreed to ap-.
point Ita oommissioner" for the purpose of jointly agreeing upon the line between
the two Republios;

By the aot of June 5, 1858" ohapter 92 (11 Stat.." 310), enaoted in harmony
with the aot of the Legislature of the State of Texas,. February 11, 1854, it was
provided that the President should appbint a representative to aot in harmony
with one from the State of Texas for the purpose of definitely looating the bound-.
ary between the Indian Territory and the State of Texas.. The following referenoes
to the representatives so appointed and the name of the body so oonstituted appear
in the deoisions in the above oase at the following pages,. "A oommissioner was ap-
pointed on behalf of the United States" (162 U. S., 1. 65);: "the oonnnissioners
of the two Governments"__1. e'l the Government of Texas and the Government of the

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