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WSP05764
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Last modified
1/26/2010 2:19:47 PM
Creation date
10/12/2006 1:15:40 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
2100
Description
Laws-Acts-Policy Rulings Affecting CWCB and Colorado Water - Federal
State
CO
Basin
Statewide
Date
6/4/1921
Author
Delph E Carpenter
Title
Statement of Delph E Carpenter - 06-04-21 - Before the Committee on the Judiciary - House of Representatives - RE-HR 6821
Water Supply Pro - Doc Type
Report/Study
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<br />00021_7 <br /> <br />-36- <br /> <br />. <br /> <br />Throughout the mflny pages of the reports covered by the decisions <br />in this cr,se, the l"epresentativa of the Govprnment of the United Strtes <br />on the one hand and thet of the State of TeO':as on the other, ore desig- <br />noted as co~issioners, and the conmon aGency for settlcment of the <br />controversy is desigp"ted "S the ,joint ~ommission or .joint boundary com- <br />mission. <br /> <br />.' <br />. <br /> <br />Lest there be SCLile question respectInr:; the use of the term "joint <br />conullission," the following references to the opini.ons in the above case <br />may l!e profitpble. <br /> <br />," <br /> <br />By a treat;' concluded April 25, 183EJ, ""tween the United States <br />o.nd the Ropub lic 0 f Texas (8 Stat, 511), erch of the cont rr.cting pcrties <br />agreed to appoint "a commissionc,r" for the purpose of jointly rgreeing <br />upon the line between the two Repub1 io s. <br /> <br />By the act of June 5, 1858, chapter 92 (11 Stat, 310), enacted in <br />harmony with too act of the Legislature of the State of Texas, February <br />11, 185L. it was provided the.t the President should appoint a represen- <br />tative to act in harmony with one from too State of Texlls for the pur- <br />post of definitely locrting the bound"ry between the Indian Territory <br />and the State of Texas. The following rufel'euees to the representatives <br />so appointGd and the name of the body so constituted appear in the de- <br />cisions in the above case at the following pagesl "A ~o",llissioner was <br />appointed on be",-"lf of the United Stctes" (162 U.S. 1, 65); "the cont- <br />missioners of the two Govornments" - Le., the i 'Overnment of Texas and <br />the Governrne nt of the Unite d Stc.te s (162 U. G. 1', 66); "a joint com- <br />mission on the part of the United St'tes end Te;'Ols comnenced the work," <br />etc. (143 u.S. 621,635); "the cOlmnissioner an the part of the United <br />Strtes" (id.); "the cOITD'.issioners of the United St,_tes flnc Texas" (id.); <br /> <br />By the IlCt of Janurry 31. 18"15, chapter 47 (23 Stat. 296, 297), it <br />was provided that the Uni. ted St, tes should "-ppoi.nt a representative who <br />should work in conjunction with a re?resentative to De appointed by the <br />State of Texas, for the purpose of ascertaining the boundary. The <br />following references apperr as descriptive of the :Jerson and the agency. <br /> <br />"The two GoverrDllents (United States ,md State of Texas) <br />.."pointed commissioners" (162 U.3. 1, 76); the joint body so <br />constittrted is c'efined as "the Joint Bou 'drry Conunission" <br />(162 u.s. 1, 21); in the 'ct by the Legislature of Texas au- <br />thorizing the appointment; of its cOi:ltnissionar, the combined <br />representnti on of the tv,o Govcrrnnents (Strte and Ne.tional) is <br />designated a "joint commission" (162 U.S. 1, 73); by the act <br />authorizin~ the suit between the United States and Te~a6 (26 <br />Stat. 81, 92, ohap. 182, sec, 25) the commission fonood under <br />the act of 1835 wi th the State of Texas is designated as "the <br />joint boundary oorlJllission under the act of Congress," etc. <br />
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