The conditions prescribed were accepted by Texas, and by the joint resolution of Congress, approved December 29, 1845, Texas was admitted as one of the States of the Union, on an equal footing in all respects with other States.

After becoming a State of the Union, Texas promptly reaffirmed, on April 29, 1846, through her legislature, her "exclusive right to the jurisdiction over the soil included in the limits of the late Republic of Texas." and has to this day continued to exercise jurisdiction over the territory within those defined limits.

Following the war of 1846-48 between the United States and Mexico, the treaty of Guadelupe-Hidalgo was adopted between the two Republics, as follows:

The boundary line between the two Republics shall commence in the Gulf of Mexico, 3 leagues from land, opposite the mouth of the Rio Grande, otherwise called the Rio Bravo del Norte * * *

The same boundaries were fixed in 1863 by the Gadsden treaty between the United States and Mexico, as follows:

* * * the limits between the two Republics shall be as follows: Beginning in the Gulf of Mexico 3 leagues from land opposite the mouth of the Rio Grande as provided in the fifth article of the treaty of Guadelupe-Hidalgo

* * *

There, on two different occasions, the Federal Government has recognized that boundary as extending 3 leagues out into the sea.

It may be contended that the term, "vacant and unappropriated lands lying within its limits" as used in the several resolutions passed by the Congress of the United States, the Legislature of Texas, and the Congress of the Republic of Texas, with reference to the admission of Texas into the Union does not include submerged land. There are numerous reasons, however, why this suggestion is without merit.

The resolutions provided that the Republic of Texas as a sovereign nation, would cede to the United States

all public edifices, fortifications, barracks, ports and harbors, navy, navy yard docks, magazines, arms, armaments, and all other property and means pertaining to the public defense.

The resolutions provided that the Republic of Texas, and independent nation

Shall retain all the public funds, debts, taxes, and dues of every kind, which may belong to or be due and owing said republic; and shall also retain all the vacant and unappropriated lands lying within its limits

* * *

This contract between the United States, of the first part, and the Republic and State of Texas, of the second part, has been fully executed by the party of the second part. The debts and liabilities of the Republic of Texas have all been fully paid and satisfied by the State of Texas. For over a hundred years and throughout the period of performance by the State of Texas, the contracting parties have consistently construed the contract as meaning that the submerged lands to the distance of 3 leagues from the coast of Texas, were part of the lands retained by Texas for the payment of the debts and liabilities of the Republic.

In State v. Jadwin (85 S. W. 490), writ of error refused by the Supreme Court of Texas, the controversy involved the ownership between the United States and Texas of certain fortifications on Galveston Island, existing during the days of the Republic. In con

struing the several joint resolutions between the United States and the Republic and State of Texas, the court said:

The land upon the island belonged to the State. Equally the waters of the bay and the gulf for 3 leagues from the shore.

It was recognized in City of Galveston v. Menard that the claim of the Republic of Texas to the submerged lands within 3 leagues from the coast

may not have been admitted by other nations further than one marine league from the shore

but the court held that the 3-league limit was conclusive on citizens of Texas.

In the resolutions which formed the basis of the contract for the admission of Texas into the Union it was provided that

said State to be formed, subject to the adjustment by this Government of all questions of boundary that may arise with other governments.

The United States exercised this power and specifically recognized the boundary of Texas as extending to 3 leagues off its coast by the treaties of 1848 and 1853 with Mexico.

There was no provision in the resolutions that the boundary of the State which include "the territory, properly included within and rightfully belonging to the Republic of Texas" was "subject to adjustment by this Government." This obviously cannot be done without consent of the State of Texas, and no such consent has ever been given in regard to the boundary between the Sabine River and the Rio Grande. For over a hundred years the State of Texas, through its legislature, has claimed the boundary of the State as being 3 leagues out in the Gulf of Mexico. The title to the submerged lands within the 3-league limit has been consistently asserted without any protest or objection from the United States, and the minerals in the submerged lands have been dedicated to the permanent school fund of the State. Leases for oil and gas have been made on these submerged lands by the Commissioner of the General Land Office, at a price fixed by the School Land Board of the State of Texas, composed of the Governor, the commissioner of the general land office and the attorney general. Large royalties have already accrued and been deposited to the permanent school fund of Texas.

The United States has condemned the title to certain of these submerged lands as against the State of Texas, and cases are now pending in which the United States asserts that the title to the submerged lands is in the State of Texas.

In our view the question is one of boundary, and it is uniformly held that

long acquiescence in the assertion of a particular boundary, and the exercise of dominion and sovereignty over the territory within it, should be accepted as conclusive, whatever the international rule might be in respect of the acquisition by prescription of large tracts of country claimed by both.

The right of a State, upon its admission into the Union, to rely upon its established boundary line cannot be impaired by subsequent action on the part of the United States. (New Mexico v. Colorado (1924) 267 U. S.)

(3) Texas claims title to the bed and all minerals therein of the submerged lands lying adjacent to her coast from a line drawn parallel to the 3-mile limit to a distance of 24 marine miles farther out in the Gulf

of Mexico. This claim to the 27-mile limit for the Gulf boundary of Texas is based on an act of the Texas legislature passed in 1941.

The preamble of the act sets out the basis of the claim and I here set out the act in full:

An act declaring the sovereignty of Texas along its seacoast; fixing its present seacoast boundary and ownership; and declaring an emergency.

Whereas dominion, with its consequent use, ownership, and jurisdiction over its marginal waters by a State has found support because it is the duty of a State to protect its citizens whose livelihood depends on fishing, or taking from said marginal waters the natural products they are capable of yielding; also has found support in that sufficient security must exist for the lives and property of the citizens of the State;

Whereas according to the ancient principles of international law, it was generally recognized by the nations of the world that the boundary of each sovereign State along the seacoast was located three marine miles distant in the sea, from low water mark along its coast on the open sea;

Whereas the seaward boundary of each sovereign State as so fixed is generally known as the 3-mile limit of such State;

Whereas the said 3-mile limit was so recognized as the seaward boundary of each sovereign State, because at the time it became so fixed, three marine miles was the distance of a cannon shot, and was considered the distance at which a State could make its authority effective on the sea by the use of artillery located on the shore;

Whereas since the said 3-mile limit was so established as the seaward boundary of each sovereign State, modern cannon have been improved to such an extent, that now many cannon shoot 27 marine miles and more, and by the use of artillery located on its shores a State can now make its authority effective at least 27 marine miles out to sea from low-water mark;

Whereas the first Congress of the Republic of Texas passed an act defining the boundaries of the Republic of Texas, and declaring that its boundaries began at the mouth of the Sabine River and ran west along the Gulf of Mexico 3 leagues from land to the mouth of the Rio Grande, then up the principal stream of said river to its source; and the Congress of the United States proposed to the Republic of Texas that it be admitted into the Union; and that Texas should retain all vacant and unappropriated land lying within its limits; and the Congress of the Republic of Texas thereafter passed a joint resolution accepting the terms of annexation proposed by the United States; and such action of the Congress of the Republic of Texas was ratified by popular vote of the people of Texas, and Texas was admitted to the Union by virtue of a resolution of Congress, passed December 29, 1845, under which the State of Texas retained all of its public lands; and the first legislature of the State of Texas declared, "That the exclusive right to the jurisdiction over the soil included in the limits of the late Republic of Texas was acquired by the valor of the people thereof, and was by them vested in the government of said republic; that such exclusive right is now vested in and belongs to the State; and under the treaty of Guadelupe-Hidalgo, the boundary line between the Republic of Mexico and the United States was defined as commencing in the Gulf of Mexico, 3 leagues from land, opposite the mouth of the Rio Grande; it is clear that the Republic of Texas and the State of Texas have from the earliest days asserted title to the ownership of that portion of the Gulf of Mexico, and the soil at the bottom thereof, out to the limit of three marine leagues form shore." Whereas, therefore, the gulfward boundary of Texas is already located in the Gulf of Mexico, 3 leagues distant from the shore, a width of marginal area made greater by the above act and agreement, than the well-accepted and inherent 3-mile limit;

Whereas a State can define its limits on the sea;

Whereas the State of Texas owns the waters of the sea and the waters of the arms of the sea, and the seashore and the shores of all arms of the sea as far inland as the high-water mark of the territory of the State of Texas; and

Whereas the State of Texas, including all parts thereof and all territory that may be added thereto, forms a part of the United States of America, over which said United States is authorized to exercise and exercises such powers and jurisdiction as the said United States is authorized by the Constitution of the United States to exercise thereover;

Be it enacted by the Legislature of the State of Texas:

SECTION 1. That the gulfward boundary of the State of Texas is hereby fixed and declared to be a line located in the Gulf of Mexico parallel to the 3-mile limit, as determined according to said ancient principles of international law, which gulfward boundary is located 24 marine miles farther out in the Gulf of Mexico than the said 3-mile limit.

SEC. 2. That, subject to the right of the Government of the United States to regulate foreign and interstate commerce under section 8 of article I of the Consitution of the United States, and to the power of the Government of the United States over cases of admiralty and maritime jurisdiction under section 2 of article III of the Constitution of the United States, the State of Texas has full sovereignty over all the waters of the Gulf of Mexico and of the arms of the Gulf of Mexico within the boundaries of Texas, as herein fixed, and over the beds and shores of the Gulf of Mexico and all arms of the said Gulf within the boundaries of Texas, as herein fixed.

SEC. 3. That the State of Texas owns in full and complete ownership, the waters of the Gulf of Mexico and of the arms of the said Gulf and the beds and shores of the Gulf of Mexico, and the arms of the Gulf of Mexico, including all lands that are covered by the waters of the said Gulf, and its arms, either at low tide or high tide, within the boundaries of Texas, as herein fixed, and that all of said lands are set apart and granted to the permanent free school fund of the State, and shall be held for the benefit of the public free school fund of this State according to the provisions of law governing the same.

SEC. 4. That this act shall never be construed as containing a relinquishment by the State of Texas of any dominion, sovereignty, territory, property, or rights that the State of Texas already had before the passage of this act.

SEC. 5. The fact that the land included within the boundary hereinabove fixed belongs to the permanent free school fund of this State, and that the same is believed to be oil-bearing land, and that the development of the same in accordance with the provisions of law governing the sale or lease of minerals belonging to said permanent free school fund is a major duty of the legislature, and requires prompt and immediate attention, creates an emergency and an imperative public necessity that the constitutional rule requiring all bills to be read on three several days in each House be, and the same is hereby suspended, and that this act take effect and be in full force from and after its passage, and it is so enacted.

In conclusion, the State of Texas is particularly interested in the language in the pending resolutions reading—

the boundary line of each respective State where in any case such boundary line extends oceanward beyond three geographical miles.

The adoption of a resolution containing this or similar language will settle the boundaries of the several littoral States as now fixed by their respective legislatures and end the confusion and agitation that is being presently caused by the assertion of pretended claims by certain officials of the executive departments on behalf of the United States. The CHAIRMAN. Thank you very much.

We hope to resume at 3 o'clock this afternoon. Are there those here who want to be heard in opposition to this proposed legislation? If there are, I will be glad to have you give your names now to the clerk.

(No names were submitted.)

The committee stands adjourned until 3 o'clock.

(Whereupon, at 11:50 a. m., a recess was taken until 3 p. m.)

AFTERNOON SESSION

The hearing was resumed at 3 p. m., upon the expiration of the recess. The CHAIRMAN. The committee will come to order.

I believe Mr. Jenkins is the next witness.

STATEMENT OF HON. HUGH S. JENKINS, ATTORNEY GENERAL OF THE STATE OF OHIO

Mr. JENKINS. Mr. Chairman and members of the committee, my name is Hugh S. Jenkins, attorney general of Ohio.

The speakers this morning represented coastal States. They discussed with the committee the history of what might be termed a controversy; but I shall confine my remarks to a short factual statement. When Attorney General Biddle filed the original complaint in the California case, the statement was made that the question involved would in no way interfere with the rights of the several States pertaining to inland waters. To those of us from inland States, it occurs that this statement may not be a true statement of fact. We can visualize a situation wherein the rights of the States to submerged lands under waters along their boundaries may be questioned just as have those of California been questioned with respect to its coast line. We are, therefore, impelled to present the facts pertaining to the situation facing Ohio with respect to Ohio's interest in the pending legis

lation.

Ohio has a total of 184 miles of shore line along the south shore of Lake Erie. According to an act of Congress establishing the boundary between Canada and the United States in Lake Erie, the north boundary of Ohio is the international boundary between Ohio and Ontario in Canada. This would mean that Ohio has approximately 3,540 square miles of submerged land under the waters of Lake Erie.

Investigation discloses that improvements on this submerged land within the boundaries of the State of Ohio are valued at approximately $500,000,000. The improvements consist largely of port facilities in the cities of Conneaut, Ashtabula, Lorain, Sandusky, and Toledo, Ohio, and are more or less permanent in nature. The income from such properties to the State or its political subdivisions amounts to the sum of $10,000,000 per year. In addition to these permanent structures which are used in commerce, each municipality along Lake Erie secures its domestic and manufacturing water supply by means of intake pipes resting upon the floor of Lake Erie and extending out into Lake Erie for from 1 to 3 miles. So far as income is concerned, it is almost impossible to estimate the amount of income from these municipal operations.

From a survey made in 1935 by the Geological Survey of Ohio, it appears that numerous minerals have been located in the submerged lands adjoining the north shore of Ohio, and I quote from this survey:

Natural gas from the Newburg, Clinton, and Trenton sands. The old Clinton field west of Cleveland extends to the shore of Lake Erie and the pool undoubtedly continued on out into the lake.

Petroleum occurs in the same group of sands. The best example are the Trenton wells east of Toledo, which probably extend on into the bay.

Brines in the deep-seated rocks, found anywhere from Lorain County east to the Pennsylvania line. The most important ones along the lake front would be those in the Oriskany sand in the top of the Big Lime and at the Newburg horizon near the base of the Big Lime. These brines are very rich and should become the basis of chemical industries similar to the ones worked by the Dow Chemical Co. at Midland, Mich. Also the rock salt of the Salina group extends into the lake from Lorain east. This may be obtained by drilling into the rock salt, dissolving it by water, and then pumping to the works. Such brines are useful mainly for common salt and for soda-ash industries.