Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1910-12-22
TAXES
TEXAS VIEW.
Boundary Has Been Estab-
lished and Was Confirm
ed by Congress
NEW MEXICO IN THE WRONG
That Is Contention of Nations
Chief Executive in Spe-
ciaI Message.

washington, Dec. 22.-The follow.
ing is the text of the special message
sent to Congress by President Taft
yesterday afternoon anent the boun-
dary dispute between Texas and New
Mexico:
To the Senate and House of Repre-
sentatives.
The constitutional convention re-
Gently held in the Territory of New
Mexico has submitted for acceptance
or rejection the draft of constitution
to be voted upon by the voters of
the proposed new state, which con-
tains clause purporting to fix the
boundary line between New Mexico
and Texas, which may reasonably be
construed to be different from the
boundary line heretofore legally run,
marked, established and ratified by
the United States and the state of
Texas, and under which claims might
be set up and litigation instigated of
an unnecessary and improper charac-
ter. A joint resolution has been in
troduced in the House of Representa-
tiVes for the purpose of authorizing
the President of the United States and
the state of Texas to mark the boun-
dairy lines between the states of Tex
as and the Territory or proposed state
of New Mexico or to re-establish and
remark the boundary line hereto
fore established and marked; and to
enact that any provision of the pro-
posed constitution of New Mexico
that in any way tends to annul or
change the boundary line between
Texas and New Mexico shall be of
no force or effect. I recommend the
adoption of such joint resolution.
The act of June 3, 1858, volume IL,
U. S. statutes, section 80, authoriz-
ing the President of the United States
in conjunction with the state of Tex
as, to run and mark the boundary
lines between the territories of the
United States and the state of Texas
under which a survey was made in
1S59-1S60, by one John H. Clark, and
in the act of Congress, approved
March 8, 1891, volume 26, U. S. stat
utes, section 971. "The boundary line
between said public land strip and
Texas, and between Texas and New
Mexico, established under the act of
June 5, 1858, is hereby confirmed"
and a joint resolution was passed by
the legislature of Texas, and became
a law March 25, 1891, confirming the
location of the boundary line estab.
Iished by the United States commits
sioner between No Mans Land and
Texas, and Texas and New Mexico,
under the act of Congress Of June S,
1858" claws of Texas, 1891, page 1913,
The committee on Indian Affairs
in it's report of May 2, 1910, No. 1850,
61st Congress, second session, rec
joint resolution in the
fourth section of which appears the
provided, that the part
Of a line run and marked by monu-
ment along the 32d parallel of north
latitude and that part of the line run
and marked along the 103d degree of
longitude west of Greenwich, the
same being the east and west and
north and south lines between Texas
and New Mexico, and run by authori-
ty of act of Congress approved June
5, 1858, and known as the Clark lines
and that part of the line along the
parallel of Sc degrees and 80 minutes
Of north latitude forming the north
boundary line of the Panhandle of
Texas, and which said parts of said
lines have been confirmed by act of
Congress of March 8, 1891, shall re-
main the true boundary lines of
Texas and Oklahoma and the Terri
tory of New Mexico, provided further
that it shall be the duty of the COM
missioners appointed under this act
to remark said old Clark monuments
and lines where they can be found
and identified.
The lines referred to in the para
graph above are the same as con-
tanned in the proposed joint resolu-
ton above referred to. Under the
Act of Congress, approved June 20,
1910, "An act to enable the people
Of New Mexico to form constitution
and state government and be admitted
into the Union," ETC., volume Sc, U.
S. Statutes 557, section 4, provided
that when a constitution has been
duly ratified by the people of New
Mexico, certified copy of the same
shall be submitted to the President
Of the United States, and in section
!. it provides that after certain elec-
tions shall have been held and the
result certified to the President of
the United States, the President shall
issue his proclamation.
upon which the proposed state of New
Mexico shall be deemed admitted by
Congress into the Union, by virtue of
said act of June 20, 1910.
The required acts have not taken
p'ace and therefore to all intents and
purposes the proposed state of New
Mexico is still a territory and under
the control of Congress. AS the boun.
dary lines between Texas and New
Mexico is established under the act
Of June 5, 1858, and confirmed by
Congress, under the act of March 8,
1891. and ratified by the state of
Tevas, March 25, 1891, and as the