El Nuevo mexicano., 1919-07-17

GENERAL CLANCY m CHARGE or
STATES INTERESTS IN pIS-
PuTE NOW IN HANDS or ". s.
SUPREME CouHT.

Il. 4"|" AL.
The bill Of complaint In New Mex
ico's case against Colorado for the rec
LITIGATION of the Interstate boundary
Whereby q large number Of people and
between 10000 and $4,000 acres pl
land would be transferred from Colo
RADIO into New Mexico jurisdiction, and
which has been forwarded to the clerk
OF the u. s supreme court, is q
yolumin0us brief Of some $50 pages
with exhibits. The complaint was
completed by Former Attorney General
Frank w. Clancy, Jointly employed by
the state boundary commission with q.
A. Larrazolo to look after the New
Mexico end Of this controversy, has
lad the work in charge since Mr.. Lar
razolo became governor. The two law.
yers recommended to the commission
that a suit be brought against Colo
RADIO in the highest court the only one
having jurisdiction OF law suits be-
tween states of the union, and the com
mission authorized such proceedings.
"A government surveyor named Darling
IN 1869 made a survey Of the boundary
line between Colorado and New Mex
leo and up to the present time the at
tempt has been to observe the line es:
tsblished BY him. The accuracy Of
that survey being called in Question,
tho legislature OF Colorado in 1901 an
tIorized the appointment OF a commits
sion to act with like Representatives to
be appointed by the legislature Of New
Mexico. and by the department Of the
interior for the purpose Of fixing and
determining d portion OF the boundary
Between Colorado and New Mexico,
but nothing appears ever to have been
done under this legislation.
The boundary had been fixed by law,
on the 37th parallel Of north latitude,
but upon an examination In the field
by Frank M. Johnson under orders
OF the Interior department that gen
.tleman reported in 1909 not only that
some of the astronomical monuments
were missing but also that the Darling
line In some places was not located OH
the 37th parallel. In consequences OF
this. the department obtained an APP
preparation BY congress in 1902 for the
lssuryey and reNstablishment OF the
boundary line between Colorado and
New Mexico and Oklahoma, and there
after that work was done by Howard
b. Carpenter, u. s, surveyor and as
tronomer. Carpenter DESTROYED all OF
the Darling monuments which be could
find, which would seem to add to the
difficulty Of adhering to the Darling
line.
The Carpenter survey was approved
by the department and later congress
passed a joint resolution to settle the
question as to which line should be
recognized, but President Roosevelt
vetoed the resolution upon the ground
that congress was without power to
pass upon such matters. the authority
to do 80 being vested BY the c0nstitu'
ts0n in the supreme court alone.
Copies of the bill of complaint have
been sent to the clerk Of the supreme
court and to the attorney general Of
Colorado. The bill sets up the Car
penter survey and prays for judgment
establishing the boundary in accord
ance Herewith, asserting that Colo,
RADIO is wrongfully exercising jurisdic-
ton over persons and property to the
south Of that line.
The belief of counsel. as stated to
the state boundary commission was
the land SO occupied by Colorado
Is Of sufficient value TO Justify the Of.
fort to recover it for New Mexico.
Nh