Subject: Re: The IBWC speaks!!!
Date: Jul 03, 2003 @ 16:08
Author: acroorca2002 ("acroorca2002" <orc@...>)
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> --- In BoundaryPoint@yahoogroups.com, "Lowell G. McManus"really
> <mcmanus71496@m...> wrote:
> > Acroorca wrote:
> >
> > > aha
> > > & doesnt this wording
> > > whether intended or not
> > > also establish a boundary point exactly under every such
> marker
> > > as long as that marker exists
> > > regardless of where the rest of international boundary may
> > > subsequently wander
> >
> > I agree! Thus, it would be somewhat analogous to a
> monumented land boundary,
> > regardless of how poorly surveyed. In my perusal of the
> old Minutesbridge
> > (1920's, etc.), I found examples of the rebuilding of one
> that had burnedthe
> > and another that had washed away. In each case, they were
> rebuilt on the same
> > [stone?] piers, and in each case the Commission found that
> the boundary on the
> > rebuilt bridge should remain in exactly the same spot as on
> old, withoutthalweg
> > regard to any accretions. This would lend credence to the
> theory that a
> > monument nails down the boundary to a point under it.
> >
> > > aha
> > > i have seen these on bridge railings or edges
> > > & dont they then mark
> > > besides the path of the boundary across the bridge
> > > the paths of its lateral displacements from the living
> > > precisely along these railings or edgesit
> >
> > I'm not positive that I follow you, but the monument on each
> railing would have
> > to be placed directly above the middle of the main channel as
> passes at anthe
> > angle under the respective edge of the bridge (as it exists at
> the time of
> > construction).
>
> yes
> from the looks of this i believe you did follow
> but i see i must be more careful to be perfectly clear
> especially in such delicate circumstances
>
> in the case just above here
> perhaps i should have said
> aha
> & doesnt this pair of railing markers then establish the turn
> points of all 3 of the horizontal boundary lines
> & thus of all 3 of the corresponding vertical boundary planes
> that interrupt the thalweg boundary line & its vertical plane
> to form a simple & vertically continuous territorial proruption
> along & between the railings of each of the bridges that have
> been so marked
>
> & btw in the case of your railroad bridge
> i think there must originally have been a companion marker on
> the opposite side of the stone pier
> which would thus have completed & still implicitly completes
> demarcation of that particular proruptionstated
>
> more below
>
> > Now, furthermore:
> >
> > I have been thinking about the implications to private property
> of an accreting
> > ground boundary under a fixed bridge boundary. It was
> by Mr. Rubio thatstays
> > the ground boundary accretes with the river, but
> > that the boundary on [within] the bridge structure above it
> put so asbridge.
> > (among other reasons) not to confuse ownership of the
> What, then, oflaw
> > ownership of the underlying right-of-way? If Texas property
> is like that ofriparian
> > Louisiana, accreted riparian land is the property of the
> owner. If theaccretes
> > vertical differentiation theory were to obtain, then we would
> have a
> > still-Mexican-owned bridge above land that had been newly
> deposited in the
> > (expanding) USA and would belong to the connecting
> American railroad! Now, THAT
> > would create a confused situation! Who would pay the taxes
> then, and would the
> > landowner be entitled to be paid rent on his new land? This
> floppy boundary
> > can't be! I vote for the one that is nailed down by the
> monument(s) on the
> > bridge at all levels and creates a finger of sovereignty wide
> enough to contain
> > the pertinent segment of the bridge, even as the river
> away.painted
> >
> > If the theory of different boundaries on the ground and on the
> bridge structure
> > were real, then what of a case such as I depict at
> www.mexlist.com/mxus/ ?
> > Remember that the stone pier now stands on dry land,
> perhaps 50 feet from the
> > "American" bank of the river. If the accreted land under the
> manifestly Mexican
> > segment of the bridge were American, then Mexican
> sovereignty would extend out
> > horizontally from Mexico proper, caged-in by the freshly
> Mexican steelMexican
> > truss, but it would taper down (with the truss) to the Mexican
> half of the stone
> > pier. (Oddly, the highest thing on the "bridge structure" at the
> monumented
> > boundary is the monument!) Now, follow me, here: If
> sovereignty wereland,
> > conducted through the "bridge structure" above American
> the next placeby
> > that it would have to flow would be downward through the
> Mexican half of the
> > stone pier and deep into the soil of Texas until it reached
> whatever bedrock
> > foundation upon which the pier rests. Too bizarre for belief!
>
> yes indeed but maybe because the logic too has gone awry
> & i too am not sure
> but if i have followed you
> your line of reasoning begins just below my previous insertion
> assuming a nonstandard regime of vertical differentiationthalweg"
> just for the sake of your ensuing argument
> which then apparently proceeds to ignore that such an
> assumption necessarily suspends the standard regime of
> vertical boundary integration
>
> so whether your direction of travel at that point is down to & into
> the ground or up from the ground & into the bridge
> & whether thru the stone pier or by any other means or route
> the argument would appear to contradict itself
>
> i also dont follow the tapering idea
> which may only be incidental anyway
> so perhaps no matter
> but even allowing for oblique movement i still dont see how the
> downward flow to the soil you are expecting would at all
> necessarily occur once you have assumed the opposite
>
> but anyway maybe its just that i have missed something
>
> > No, the only reasonable explanation is that the boundary is at
> all times
> > absolutely vertical, and that it deviates from the "living
> to followdirectly
> > the lateral margins of bridge structures to the point(s)
> previously fixed by
> > monuments on those bridges. Thus, the accreted land
> under the Mexican
> > portion of the bridge would have to be Mexico!
> >
> > Lowell G. McManus
> > Leesville, Louisiana, USA
>
> but i absolutely agree with & salute your conclusion