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AMERICAN AND BRITISH CLAIMS

ARBITRATION Tribunal,
Claim no ,831

THE RIO GRANDE CLAIM

ANSWER OF THE UNITED STATES

[1923

PRESS OF BYRON S. ADAMS

WASHINGTON, D, O.

JE

THE NEW YORK PUBLIC LIBRARY

722941 A ASTOR, LENOX AND TILDEN FOUNDATIONS

R 1934 L

AMERICAN AND BRITISH CLAIMS ARBITRATION.

THE RIO GRANDE CLAIM

ANSWER OF THE UNITED STATES. This claim is listed under Class 1 of the First Schedule of Claims submitted for arbitration to this honorable Tribunal, under the Pecuniary Claims Agreement of August 18, 1910. Class 1 includes “claims based on an alleged denial in whole or in part of real property rights.” The precise nature of the property rights alleged on behalf of the claimant will be discussed later."

An Alleged Denial of Justice. The claimant company's rights, whatever they were, have been the subject of prolonged and hard-fought litigation in the courts of the United States. This litigation proceeded in regular course three times from the Territorial District Court for the Third Judicial District of New Mexico, via the Supreme Court of New Mexico, to the Supreme Court of the United States. The claimant's rights were the subject of three considered decisions and opinions of the Supreme Court of the United States. It is apparent, therefore, that, if the claimant in this case is to establish its right to an award before this honorable Tribunal, it must first show that it has received a denial of justice at the hands of the Supreme Court of the United States.

On the first appeal to the Supreme Court of the United States, the opinion of the court was read by Mr. Justice Brewer. The decision was unanimous. Mr. Justice Gray and Mr. Justice McKenna were not present at the argument and took no part in the decision. On the second appeal to the Supreme Court of the United States, the opinion was read by Mr. Justice Harlan. Again, Mr. Justice Gray and Mr. Justice McKenna did not sit in the case or participate in its decision. Two Justices, Mr. Justice Brewer and Mr. Justice Shiras, dissented.? On the third appeal to the Supreme Court of the United States, Mr. Justice Harlan read the opinion. The decision was unanimous. Mr. Justice McKenna did not participate in the consideration or determination of the case. During the course of these three appeals to

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> · 1 Infra, p. 43.

2 Opinion of the Court, May 22, 1899. Appendix to the Answer, p 26. > ; 3 Opinion of the Court, March 3, 1902. Appendix to the Answer, p. 64.

+ Opinion of the Court, December 13, 1909. Appendix to the Answer, p. 92.

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