El Paso herald. (El Paso, Tex.) 1901-1931, 1913-08-16

etween New Mexico and Texas
~ for 3 {, 1000 acres of the fertile land
of the upper valley will be on. The
United States supreme court has ap-
pointed a commissioner who will take
evidence at that time. New Mexico,
after waiting so years, asserts her
right to the land upon h claim that
when the west boundary OF the line OF
Tex vas fixed in 1858 by the RIO
Grande, that the river at that time ran
on the east side OF the valley adjacent
to the present Santa Fe rlghtOtWay.
Large property holders of New Mexico,
atded by an a|pproprlaIlon OF S1U,UUO
from New Mexico and $1,000 from DOna
Ana county, are believed to be behind
the land suit Texas has appropriated
$40, 900 to make the legal fight
Rio Grande boundary.
BY the GadSen purchase OF 1858, the
Rio Grande. as it then an, was estab-
lished as the boundary line between
Texas and New Mexico. Official maps
of the purchase have fixed the boundary
line with the river mi on the west
side of the valley. From then dow to
a few years ago, no question has ever
New Mexico has published her maps
with thu boundary line where 1t a
always been recognized The state OF
Texas a issued patents to the land
without contest or dispute. The state
of Texas has collected taxes on the
land and has tried in its courts Offences
committed on this sou and no one has
ever raised the point that 1t was New
Mexico and not Texas territory where
the offence was committed For more
than half a century Texans cultivated
this land without any one questioning
their title.
In one instance a large tract Of land
has been held by and cultivated by
Texans since 1874 Maps OF Arson
1855. have fixed the boundary line
where both states have always recog-
nized it to be.
In the suit filed to remove the
boundary line to the east side Of the
valley, C. B. Stevens says, New
Mexico pea to be relying solely on
the evidence of aged Mexicans that 80
side, adjacent to where the Santa Fe
rightofway now is, instead of the place
where surveyors have located it on the
official maps Of New Mexico and Texas
Two years ago a commission was
appointed by the United States govern
ment to locate h Clark survey Of
line" continued Mr.. Stevens, "a part of
which constitutes the north boundary
line OF this county.
U. :. Sided With Texas.
"When finished, the commission 10
Gated the western extremity Of his
line at a point a mile and a half west
of Anthony and put up a monument on
the spot The approval OF the report
of this commission was one of president
Taft's last official acts New Mexico
brought this suit before the commission
had filed its report, and the parties in
CereSted in dlSpOSSeSSlng Texans of this
land started their claim at a point a
few hundred feet west Of Anthony. Tt
is not probable that the testimony OF
aged Mex1cans VIII move the point that
the United states government has fixed
any closer to Anthony than where the
now is.
The state of Texas has appropriated
E1n nnn - laE--a --a~@ - - T.
probable that an appeal will be mad
to FL PasO county to assist in the de-
fence.
land in controversy is worth 81, 900. 900
at conservative estimate, n in a few
years more, with the permanent water
from the Elephant Butte dam, its value
will be greatly increased.
"El PaSO's Duty
1T will not do for FL PasO county
to stand by and permit Texas TO make
the fight alone" continued Mr.. Stevens.
1t must get into the collar and help
pull The territory involved is more
luz to FL PasO county "a it is to
Texas, from every point of view. Texas
should defend this suit as a matter Of
honor to protect the patents she has
granted to innocent holders of this and
The people living in this district for
years have paid taxes to Fl Paso coun-
ty and it is the duty of this county to
stand by them in return for what they
have done in the past, and as a bust
ness proposition it must stand behind
them for what their citizenship means
to this county in the future"
New MexicO'S Claims
A recent issue of the Las Cruces Cib-
zen urges the appropriation of $4,000
by DOna Ana county to aid in the suit
on the part of the state of New Mexico
against the state of Texas The Citi-
zen says:
THE area in conflict is approximate
" 10000 acres Of valley land n upon
the decision in this suit depends the
ownership Of that large body of valua-
bic land, and the early adjudication Of
this suit is the only method by which