The corrections specified by the following memorandum are
embodied in the original opinion as printed in 275 U.
Memorandum opinion by MR. JUSTICE SANFORD.
A petition for rehearing has been presented by the State of New
Mexico which we think must be denied. But it points to an error in
our opinion announced December 5, 1927, which, while not affecting
the ultimate decision, requires correction. The petition invites
special attention to some evidence which shows that the statements
made in the opinion to the effect that the State of Texas and the
United States had, prior to 1912, recognized and acquiesced in the
line of the Rio Grande River as it was located in 1850, as the
boundary between the territory of New Mexico and Texas, without
reference to subsequent changes by accretion, are not accurate,
and, with the observations based on them, should be recalled. The
order will be that the fifth paragraph of that portion of the
opinion under the heading "Accretions" and the
Page 276 U. S. 558
first part of the next paragraph down to and including the words
"in its own Constitution," be stricken from the opinion, and the
"New Mexico, when admitted as a state in 1912, explicitly
declared in its Constitution that its boundary ran 'along said
thirty-second parallel to the Rio Grande . . . as it existed on the
ninth day of September, one thousand eight hundred and fifty;
thence, following the main channel of said river, as it existed
on the ninth day of September one thousand eight hundred and
to the parallel of thirty-one degrees, forty-seven
minutes north latitude.'"
This was confirmed by the United States by admitting New Mexico
as a state with the line thus described as its boundary, and Texas
has also affirmed the same by its pleadings in this cause.
Opinion modified; rehearing denied.