Benjamin N. Cardozo

“ In what has been written, we have assumed in favor of the petitioners, but without intending to decide, that the land law of Mexico in the territory now part of Texas is a proper subject of judicial notice. The assumption helps them nothing. A different case would be here if they were able to refer us to documents or other evidence dehors the present record establishing a different rule from that stated in the findings. In such conditions, the doctrine of judicial notice might be a crutch on which to lean. ”

“ Petitioners are content thus to limit the inquiry, if we read their argument aright. They insist that the decree which purports to divest them of their title is a nullity even by the law of Mexico and that it is the duty of our courts, if the nullity has been made out, to adjudge ownership accordingly. ”

“ Petitioners concede that the expropriation decree, if lawful and effective under the Constitution and laws of Mexico, must be recognized as lawful and effective under the laws of the United States, the sovereignty of Mexico at the time of that decree being exclusive of any other. ”

“ Meeting the objection that the acts of an independent government done in its own territory are not subject to re-examination by the courts of another (Underhill v. Hernandez, supra; Oetjen v. Central Leather Co., supra; Hewitt v. Speyer, supra; Oliver Am. Trading Co. v. Gov't of United States of Mexico, supra) , they say that the land in controversy is now a part of the United States ”