06.21.06
Posted in Oklahoma Counties at 8:37 am by NW Okie
United States v. Texas - Land Lawsuit (1896)
U. S. Supreme Court
U S v. Texas, 162 U.S. 1 (1896)
162 U.S. 1
United States v. State of Texas
No. 3, Original. March 16, 1896
[162 U.S. 1,3]
Attorney General Harmon, Col. Gen. Conrad, and Edgar Allan, for complainant.
George Clark, M. M. Crane, and A. H. Garland, for defendant.
[162 U.S. 1, 20]
Mr. Justice Harlan delivered the opinion of the court.
By the act of congress of May 2, 1890, C. 182, establishing a temporary government for the territory of Oklahoma, and enlarging the jurisdiction of the United States court in the Indian Territory, it was declared that that act should not apply to Greer county until the title to the same had been adjudicated and determined to be in the United States. And, that there might be a speedy judicial determination of that question, the attorney general of the United States was directed to institute in this court a suit in equity against the state of Texas, setting forth the title and claim of the United States ‘to the tract of land lying between the North and South Forks of the Red river where the Indian Territory and the state of Texas adjoin, east of the one hundredth degree of longitude, and claimed by the state of Texas as within its boundary and a part of its land, and designated on [162 U.S. 1,21] its map as Greer county’; the court, on the trial of the case, in its discretion, and so far as the ends of justice would warrant, to consider any evidence taken and received by the joint boundary commission under the act of congress approved January 31, 1885 (26 Stat. 81, 92, 25).
In order that the precise locality of this land may be indicated, and for convenience, we insert immediately after this page an extract from a map of Texas and of the Indian Territory, published in 1892. The territory in dispute is marked on that map with the words ‘Unassigned Land.’ It contains about 1,511,576.17 acres, lies east of the 100th meridian of longitude, and west and south of the river marked on that map as the ‘North Fork of Red River,’ and with the words ‘Boundary Claimed by U. S. ‘ The river on the south side is now commonly known as ‘Prairie Dog Town Fork of Red River’ (the Indian name of which is ‘Ke-che-ah-que-ho-no’), which has its source in the western part of Texas, and is the same river as the South Fork of Red river, mentioned in the act of 1890.
The present suit was instituted pursuant to that act. The state appeared, and demurred to the bill upon the following grounds: (1) The question of boundary raised by the suit was political in its character, and not susceptible of judicial determination by this court in the exercise of any jurisdiction conferred by the constitution and laws of the United States. (2) Under the constitution it was not competent for the United States to sue, in its own courts, one of the states composing the Union. (3) This court, sitting as a court of equity, could not hear and determine the present controversy; the right asserted by the United States being in its nature legal, and not equitable.
Upon full consideration these several grounds of demurrer were overruled. U. ,. V. Texas, 143 U.S. 621, 12 Sup. Ct. 488. The reasons given for that conclusion need not be here repeated.
The state answered the bill, controverting the claim of the United States, and asserting that the lands within the boundary mentioned in the above act constitute a part of its territory. The United States filed a replication, and, proofs having been taken, the case is now before the court upon its merits. [162 U.S. 1, 22]
Both parties assert title under certain articles of the treaty between the United States and Spain made February 22, 1819, and ratified February 19, 1821. 8 Stat. 252, 254, 256.
Before examining those articles, it will be useful to refer to the diplomatic correspondence that preceded the making of the treaty. That correspondence commenced during the administration of President Madison, and was concluded under that of President Monroe. It appears that the negotiations upon the subject of the boundaries between the respective possessions of the two countries was more than once suspended because certain demands on the part of Spain were regarded by the United States as wholly inadmissible. 4 Am.St.P. ‘Foreign Relations,’ pp. 425, 430, 438, 439, 452, 464-466, 474. Finally, on the 24th day of October, 1818, the Spanish minister, ‘to avoid all cause of dispute in future,’ proposed to Mr. Adams, secretary of state, that the limits of the possessions of the two governments west of the Mississippi should be designated by a line beginning ‘on the Gulf of Mexico, between the rivers mermento and Calcasia, following the Arroyo Hondo, between the Adaes and Natchitoches, crossing the Rio or Red river at the thirty-second degree of latitude, and ninety-third of longitude from London, according to Melish’s map, and thence running directly north, crossing the Arkansas, the White, and the Osage rivers, till it strikes the Missouri, and then following the middle of that river to its source, so that the territory on the right bank of the said river will belong to Spain, and that on the left bank to the United States. The navigation, as well of the Missouri as of the Mississippi and Mermento, shall remain free to the subjects of both parties. ‘He also proposed that in order to’ to fix this line with more precision, and to place the landmarks which shall designate exactly the limits of both nations, ‘each of the contracting parties should appoint a commissioner and surveyor, who should run and mark the line, and make out plans, and keep journals of [162 U.S. 1, 24] their proceedings; the result agreed upon by them to be considered part of the treaty, and have the same effect as if inserted in it. Ann. Cong. (15th Cong., 2d. Sess., 1819) p. 1900.
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Posted in Oklahoma Counties at 8:34 am by NW Okie
Garfield County - Oklahoma
Garfield County Court House,Enid, Oklahoma
Postcard postmarked August 13, 1908, 2 p.m.
[Click on photo to backside of postcard.]
Garfield County, Oklahoma -
Place Names Since 1893 - 1982
[Info from the Garfield County, Oklahoma, Vol. I history book, pg 16-17]
Like every community in every state place names come and go. Town names, landmarks, road junctions, railroad sidings had a real purpose prior to the days of the automobile.
Garfield County in Northwest Oklahoma was first known by a simple little letter O - the permanent name was chosen by the residents, on November 6, 1894, when O County became Garfield County, in honor of President James A. Garfield.
If you look at rural life today, you will find that it has changed - a small store and post office at intersections every three or four miles is not needed today.
According to the Garfield County Historical Book, Vol. I, of the 67 names in the following list, only 19 may be familiar to the current generation.
Barr – was for a time in Sec. 3, Twp. 20N, R8W, 5 miles South of Drummond. A post office, named for the postmaster, Fred Barr, existed from Sept. 1, 1899, to Nov. 15, 1906.
Beardie – just north of Covington, was in Twp. 21N, R4W, and was also named for the postmaster, John W. Beardie. It was in service Nov. 20. 1896, until April 25, 1898.
Billings Junction – was in Twp. 24N, R7W.
Bison — south of Enid on Highway 81, was named for nearby Buffalo Springs, a camp site used by cattle herders, Indians, stage coach drivers and others. Bison is in Sec. 24, Twp. 20N, R7W. A post office was started Aug. 31, 1901.
Blanton — not a post office, was in Sec. 34, Twp. 23N, R7W.
Bloomer – Sec. 15, Twp. 22N, R3W, was a post office from Nov. 6, 1893, to Oct. 31, 1901, and was named for James F. Bloomer, the postmaster. It was 5 miles southeast of Garber.
Breckinridge — Now mostly a residential community, but at one time had sevral businesses. It was named for the president of the Denver, Enid and Gulf Railway, Breckinridge Jones. In Sec. 28, Twp. 23N, R5W, it had a post office from June 15, 1901, to Nov. 22, 1963.
Buckles – was named for the editor of the Enid Eagle at that time, J. A. Buckles. Six miles northwest of Garber in Twp. 23N, R4W, it had a post office from Sept. 14, 1898, to Feb. 28, 1901.
Carrier – was named for a merchant, Soloman Cerrier. The post office was atrted in 1897.
Chamas – was in Sec. 21, Twp. 24N, R3W.
Clark – was in Sec. 15, Twp. 23N, R3W.
Coldwater – existed for brief time near the site of Hillsdale, a post office 1894-1895.
Covington – started as TRIPP. The name was changed in 1903 for John Coveington who helpted area farmers raise money for platting a new townsite when the Frisco Railroad built through the area.
Delnorte – was in southwest Garfield Co., post office from 1896 to 1901.
Dilley – northeast of Covington, was a ost office 1895-1905, named for the relatives back in Missouri of the husband of the postmistress, Cora Houghland.
Douglas – first called Onyx, was changed in 1903, honoring Douglas Frantz, whose father Edmund Frantz had promoted the building of the Santa Fe Railroad between Enid and Guthrie. It is in Sec. 30 & 31, Twp. 21 N, R4W.
Drummound – Sec. 15, Twp. 21N, R8W, was named for Harry Drummond of the Blackwell, Enid and Southwestern Railroad Co. A post office was started in 1901.
Elgin – was a post office 10 miles southeast of Covington, 1894-1897, named for a local farmer, W. D. Elgin.
Ellis – was a place name in Sec. 2, Twp. 23N, R5W.
Enid — Twp. 22N, R6W, had a post office before the town was established. The townsite had been platted and named as county seat before the Sept. 16, 1893, land run. The post office started Aug. 25, 1893. Enid was named for the heroine of Tennyson’s “Idylls of the King,” though a number of other stories exist about its naming. It is the largest city in northwest Oklahoma.
Etna – was a place name for a time in Sec. 20, Twp. 22N, R5W.
Fairmont – was first called Luella, the name changed in 1902, probably honoring the school of that name in Wichita, Kans. It is in Sec. 26, Twp. 22N, R5W.
Fannie — Twp. 22N, R4W, southwest of Garber, was named for Fannie Porter, wife of the first postmaster. It had a post office from 1893 to 1898.
Fritz – was 2 miles northeast of Drummond, then moved and was named Imo.
Garber – started as McCardie, March 12, 1894, but 38 days later, April 20, the name was changed to Garber, honoring Martin Garber. It is in Sec. 25 & 26, Twp. 23N, R4W.
Gladie – was a post office, 1902-1904, southeast of Garber, named for Gladys Ellis, daughter of the postmaster. Spelling of her name was changed by the P. O. Dept. Gladie was in Sec. 22, Twp. 21N, R3W.
Glenella – was in Sec. 10, Twp. 22N, R8W.
Goff – was its post office name, 1899-1903, but the first name used by residents was Ladysmith, for the community in Natal besieged during the Boer War. In 1903 it was named Hayward. It was in Sec. 22, Twp.21N, R3W.
Hayward – in southeast Garfield Co, was first Ladysmith, then Goff, and in 1903 it was named for the townsite developer, Samuel Hayward. It was in Sec. 22, Twp. 21N, R3W. The post office was discontinued in 1963.
Highland – in sec. 24, Twp24N, R4W, north of Garber, was a post office from 1894 to 1906.
Hillsdale — northwest of Enid, has had two post office names. From 1900 to 905, Hillsdale; then for a year it was Coldwater when that office was discontinued, then it became Hillsdale again. It is in Sec. 7-18, Twp. 24N, R7W.
Hunter – Sec 7-8, Twp. 24N, R4W, was named for the townsite owner, Charles Hunter. The town and post office were established in 1901.
Imo – was named for Imogene Allen, daughter of a local family. It was 2 miles northeast of Drummond, then moved to another site southwest of Enid, a site which had been called Fritz, Sec. 29, Twp. 22N, R7W, a post office, 1895-1922.
Ituna – was in Sec. 8, Twp 23N, R7W.
Jennie – was named for Jennie Jones, wife of teh postmaster, in 1894. It was in Sec. 25, Twp. 23N, R5W. In 1900 the name was changed to Cropper.
Jetmore — Twp. 24N, R8W, was named for Frank Jett. It was a post office, 1896-1900.
Jonah – was in Sec. 28, Twp.23N, R7W.
Kennedy – was in Sec. 5, Twp. 22N, R6W.
Kremlin — in Sec. 22, Twp. 24N, R6W, had a post office started in 1893. Though the name makes one think of Russia, the story is that a Rock Island Railroad official changed the name from Wild Horse, to the name of his Daughter’s favorite saddle horse, Kremlin.
Ladysmith – Sec. 22, Twp. 21N, R3W, was a local name for Goff, which later became Hayward.
Lahoma – post office was started in 1894, the name is a diminutive of the Indian word which is the name of the state, Oklahoma, Choctaw for “red man.” It is in Sec. 18, Twp. 22N, R8W.
Luella – was named for Luella Riley, wife of the first postmaster. In 1902 the name was changed and the post office moved to fairmont. It was in Sec. 20, Twp. 22N, R4W.
McCardie – is now Garber. The post office was started in 1894 and the name changed about a month later.
Maxwell – Sec. 22, Twp. 22N, R3W, had a post office from 1894 to 1895. It was northeast of Covington, and was named for the fourth assistant postmaster general, Robert Maxwell.
North Enid – had a post office from 1894 to 1923. It was the site the Rock Island railroad officials thought would be the county seat town, Sec. 29-32, twp. 23N, R6W.
Onyx – in sec. 30-31, Twp. 21N, R4W, was named for a type of quartz rock in the area. A post office was started in 1894. In 1903 it became Douglas.
Pana – was once 3 miles northwest of Hunter, in Sec. 1, Twp. 24N, R5W. It had a ppost office from 1895 to 1902.
Pioneer — is the name of a rural community and a school.
Potter – didn’t survive the years but did have a post office from 1895 to 1904, named for Lida Potter, the postmistress. It was in Sec. 26, twp. 20N, R3W.
Relief – was a place name at one time, no location in the records.
Shaner – was named for William Shaner, first postmaster. It was in Sec. 35, Twp.21N, R4W, and in business from 1894 to 1904.
Shea – was in Sec. 18, Twp. 22N, R5W.
Sibley – is listed, no location given.
Skeleton – named for skeleton Creek, was a post office southeast of Enid from 1894 to 1904, in Sec. 21N, R5W.
Spencer, Stacy & Steen – are all names listed in Garfield Co., location not given.
Tripp – was named for a town in South Dakota. It was in Sec. 11, twp. 21N, R4W, and was soon renamed, Covington.
Vance Air Force Base – at Enid was named for congressional Medal of honor winner, Major Robert L. Vance of Enid, who lost his life in World War II.
Waukomis – sound somewhat Indian, but it was actually the despairing statement of an earlyday railroad official who missed the last train back to Enid and said, “Walk home … us”. It is in Sec. 24, twp. 21N, R7W, a growing town.
White – was in twp. 22N, R8W, named for H. D. White, the postmaster. southwest of Garber, it was in business from 1894 to 1903.
Wilcox – was in Sec. 12, twp.22N, R8W, west of Enid. Named for George Wilcox, it was a post office from 1895 to 1903.
Wildhorse – was a place name at one tiem in the county, site now Kremlin.
Wildwood — sec. 6, twp. 20, R8W, was a coined word, using part of thepostmaster’s name, James Wiley, and the word “wood” cause of a nearby grove of trees. It was a post office east of Ames from 1894 to 1905.
Zangwill – was once a post office west of Bison, named for an English author, Israel Zangwill. In Sec. 16-17, twp. 20N, R8W, it operated from 1897 to 1905.
Zybra – in sec 18, twp. 20N, R5W, east of Bison, described in its name, a colloquial word used at that time, what was going on over the area. Zybra meant “a moving settler!” It was a post office from 1898 to 1903.
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