Some years ago, the State of Texas claimed the oil rights to offshore drilling, which was disputed by the federal government. A legal battle ensued between lawyers for the federal government and Austen Furse, Assistant Attorney General for the State of Texas. Some highlights of the case were sent to me by Mr. Furse. The Federal District Court claimed offshore oil finds for the nation. Texas claimed them for the state and they battled it out in court. Although millions of dollars were at stake, surprisingly, both Mr. Furse and his opposing lawyers were able to maintain an air of levity in their legal correspondence and memoranda.

Although only a portion of these memoranda are reported here, it is fascinating reading. The federal government maintained that the oil reserves were in the actual possession of "Davey Jones, in whose locker it remains stored. However, this argument, unlike the locker itself, will not hold water."

"Admittedly the Trustee has been unable to retain actual physical possession of the property. The Trustee has been in office for nearly three years, and the world record for staying under water is only thirteen minutes and forty-two and one-half seconds. (Guinness Book of World Records, 1974 edition, p. 51.) While the Trustee may have been in hot water at times, he is confessedly not amphibious."

Attorney Furse replied to this memorandum, in part, with the following: "Trustee's Memorandum, on file herein, having plumbed the depths of salty legal argument, has provoked this reply on the part of Respondents."

"It seems that the Trustee in this case, not being endowed with the buoyancy of the Carpenter of Nazareth, Matt. 14:25; Mark 6:49, insists that he is exercising the only dominion over the property in question of which it is susceptible. None of his divers' employees are divers, and he has no merpersons or naiads on his payroll. As for himself, he eschews immersion in the res, and leaves it to his attorneys to be all wet." Austen made his point that visitation to the area by the federal government did not constitute possession, especially of the sub-surface. He closed his memorandum with the following poem:

"Roll on, thou deep and dark blue ocean, roll!
Ten thousand fleets sweep over thee in vain!
The driller's bit must take its gaseous toll,
The custodia legis to maintain."

A government lawyer responded to this memorandum in proper legal terms but also tendered an addendum which reads as follows:

Water, water everywhere,
The drilling rig did sink;
Water, water everywhere,
The lawyers cease to think.

The issues, like the res itself,
Are deep and do perplex us;
The counsel's rhyme, in maritime,
Would down the State of Texas.

The verse of Furse could be much worse;
His Brief remains adrift.
Through legal sands and seafilled lands
This landlocked Court must sift.

Day after day, night after night,
We grapple with this Motion,
As slippery as a drilling rig
Upon the Texas ocean.

The legal sharks make deadly marks
With voices loud and strident;
But when it's through, the Texas crew
Is hoist upon their trident."

Austen Furse continued to represent the State of Texas in a light-hearted manner, using humor to drive home his legal points. Although he was up against stiff competition, both from a legalistic and a humorous standpoint, his strength of purpose and sense of humor eventually prevailed. The State of Texas persuaded a judge to rule in their favor, bringing millions of dollars direct to the state.