The Tucumcari news and Tucumcari times., 1915-10-28
$50 MILE STRIP OF LAND
NOW IN COLORADO, OURS.

A strip Of territory along the north
ern boundary of New Mexico, approx
imately $50 miles long and varying in
width from less than one-half a mile
to more than mile, over which Colo
RADIO now exercises jurisdiction, prob
ably belongs to this state, and an es-
fort to establish New Mexico's owner
ship is to be made by Governor Nc
Donald.
II is estimated that the territory in
question and the Improvement upon
the land represents n value of several
million dollars.
Doubt of Colorado's legal right to
the strip of land along its southern
boundary has existed for some time.
and on a recent trip to Colfax county
Governor McDonald's attention was
called to the matter. Investigations
made by the state executive since that
time have disclosed the fact that while
there is no question as TO the 37th par
|allel of north latitude forming the New
MeXico-Colorado boundary, there is
question as to the exact location of the
parallel; that the line marked by Enud
n. Darling for the United States gov
ernment in 1868, and which is now
recognized. was shown to be Incorrect
by Howard b. Carpenter, United
States surveyor and astronomer. in
survey made at the direction Of the
Interior Department in 1904, and that
later resolution accepting the Car
penter survey as a final determina-
ton Of the boundary was passed by
congress, but was vetoed by President
Roosevelt on the ground that congress
was not clothed with power to decide
matters in controversy between states
the constitution comforting this pow
er alone unon the United States su-
preme court.
The Carpenter survey establishes
the boundary north of the present
line, giving to New Mexico the strip
Of territory in question. Governor
Mcdonald is of the opinion that the
United States supreme court probably
would confirm the Carpenter survey
In the event the case was taken be-
fore it, and he will now confer with
Attorney General Clancy in reference
w ANboi obtPo iCCCoNuIN W StCuTc
supreme court decision.
Governor Mcdonald has received
from the general land Office at Wash
. ington u copy of letter written in
May, 1904, to the secretary Of the in
terror by w. A. Richards, land COM
missioner. This letter gives a history
OF. the boundary controversy, reciting
that as the result of the accuracy of
the line being questioned, the Colo
rado legislature, in 1901, authorized
the the appointment of commissioner
to act with like representatives ap-
pointed by New Mexico and the Inter
ior Department, for the purpose of
fixing the Colorado-New Mexico boun-
dary. However, the Interior Depart
ment failed to name commission.
and so far as known no action was
taken by Colorado and New Mexico.
Later that year field examination
was made by Frank M. Johnson, who
made report to the Interior Depart
ment in April, 1902. The letter states
that this report not only disclosed the
fact that some of the astronomical
monuments were missing, but showed
that the line established by Darling
was not in some places located upon
the 37th parallel" The re-survey by
Carpenter resulted from this report.
and concerning the new marking, the
letter says:
Prior to this re-survey the town
of Edith was supposed to be in the
state of Colorado, the old state boun-
dary line being in doubt at that point.
Mr.. Carpenters survey shows the most
part, If not all, of the town, to be in
New Mexico. An examination of the
field notes and plats Of this survey
shows that the line established by Car
penter passes through the villages of
Ortiz and La Costila, all of which
have heretofore been assumed TO lie
in the state of Colorado"
II has been repo led TO Governor
Mcdonald that Colorado officials ad-
mitted their doubt of the accuracy of
the present boundary by refusing TO
build that portion of the Canine Real
or Old Trails route between the line
marked by Carpenter and the present
boundary. Some of the territory in
question along the line of Colfax coun-
ty is valuable coal land.-Santa Fe
New Mexican.