El Paso herald. (El Paso, Tex.) 1901-1931, 1912-07-06
OLD sOCORRO TOWN
RETAINS TOWNSHIP
Interior Department Decides
in Favor Of San Antonio
Property Owners.

Las Cruces, n. NJ, July 6.-People OF
San Antonio, in Socorro county, one
of the Oldest towns in that portion of the
state, are to retain their townsite, ac-
cording to a ruling of the interior de-
parement. The settlement dates back
more than so years, when the first little
stage stand was established on the line
of the old freight road leading from
Dodge City to PasO del NOrte. The lit
tie town has grown and the people lived
along, content with their settlement
rights. and knowing nothing about the
townsite laws of the United States.
In 1900 the township in which this
town was located was surveyed and
plated and in February, 1901, the plat
was filed in the office of the register
of the United States land office at Las
Cruces, showing the location of San An
tonic on section %, township south,
and in sections and s, township 5
south, both in range ! east.
The matter OF applying for a patent
to the land in question so as to perfect
the rights of the settlers was allowed
to run along until April 4, 1912, at
which time the probate judge of So
zorro county, Misais Baca, made formal
application to enter the NV IA of the
sw IA and lots 6, and 8, in sec 30, TIP
S of ! e, and the IL NV IA sec
5, and the IL ne IA sec 6, tip 5 of
l e.
On May 20, 1912, proof was taken on
the tOwnsite and it was shown that the
portion of the townsite located in see
80, tp of e, had been settled upon
and had remained in the peaceabie pos
session of the citizens more than go
years; in fact, was the original settle
ment. although the portion of town on
secs 8 and 6 in tp s, e, had been
occupied for homes and forbade and
business since 1881.
By section of the act of congress
approved June 20, 1910. the territory
of New Mexico was given all lands in
sections and 80 in each of the surveyed
townships in the state where mot other
wise appropriated at the time of the
passage of this act"
The assistant attorney general of New
Mexico filed a protest in the United
States land office against the allowance
of the townsite to embrace a portion
of section 30, claiming that by virtue
of the lapse of nearly II years after
the survey of the township, the settlers
thereby forfeited any rights which they
might have had by residence and pos
session, and consequently section 80
should be state land and not subject
to the rights of the residents who had
lived thereon since 1850.
The case was sent up to the depart
ment of the interior for final disposition,
and the contention of the attorney gem
eral of the state of New Mexico was
OveTTuled, and the title of the land vest
ed in the settlers of the tOwnsite of San
Antonio, making the rights of the people
rule over those of the state, and pro-
tecting the interests of the early set
tiers who braved the hardships of desert
and hostile indians to help make New
Mexico what she is today.
Blame Subcontractors
The contracting firm of Bash & GRAY,
of Joplin, No. having the contract for
the sewer and water system for the
town. recently wrote the mayor that
the delay IN repairing the streets ac-
cOrdlng to contract was not through
fault OF the original contractors. The
1lrm, having other contracts to attend
to. decided to sublet the street repairs.
Contracts were entered into whereby
the sUbcontractor was bound to finish
up the repairs within a certain time
and arrangements made to pay him out
OF the funds remaining in the hands
OF the town trustees for that purpose.
The subcOntractor did not have the funds
to buy material and pay help as the
work progressed, and failing to draw
in advance from Bash & GRAY or from
the, town, he was forced to stop work,
and as a consequence the streets are in
worse condition than when work was
stopped on the sewer system.
A representative of the original con-
tractors VIII soon be in town to COM
plete the work of asphalting the two
blocks on Main street, and macadamiz-
ing of the other streets where the pave
ments were torn up to permit of the
laying Of pipe lines and hydrants, and