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park as now defined, or as may be hereafter defined or extended or the power of the United States over it ; 47 The State has the right to serve criminal or civil writs in the park, but otherwise the United States has exclusive jurisdiction and control over it. The boundaries of the park are given in the act establishing it, dated March 1, 1872.48
The north boundary of Wyoming was surveyed in 1879–80 under the General Land Office. Beginning at a post set in 1874 for the northwest corner of the State, the line was run eastward, checked by a number of observations for latitude, for a distance reported as 347 miles 43 chains. The marks were nearly all wooden posts in small mounds of earth, and a field examination of the positions made in 1881-82 by the United States Coast and Geodetic Survey showed numerous large errors in alinement, many of which were then corrected. The eastern terminus of this line was on the meridian of 27° west of Washington as marked in 1877. The mark left at this corner was replaced (see p. 186) in 1905 by a 6-foot stone post, the geographic position of which is latitude 44° 59' 52.0". longitude 104° 03' 25.62'' 19
The survey of the south boundary of Wyoming was made under the direction of the General Land Office in 1873. Beginning at a mark established in 1869 for the intersection of the forty-first parallel and the twenty-seventh meridian west of Washington, the line was run westward, checked by six astronomic determinations of latitude, to the computed location for the thirty-fourth meridian west of Washington. In order to find the proper position for this meridian an astronomic station was established at Evanston, Wyo., the longitude of which was found to be 35° 55' 20.69' west of Washington. From this point a line was run due south to a mark on the boundary and thence west 4 miles 4.54 chains to a point where an 8-foot sandstone post, appropriately marked, was set 3 feet in the ground and surrounded by a pile of rocks. The measured length of the south boundary of Wyoming was found to be 367 miles 48.81 chains.
Geographic positions on this boundary have been determined as follows: Boundary mark No. 44, a sandstone post projecting 4 feet above ground, stands about 11 miles west of south from Cheyenne. Its latitude is 40° 59' 54.2" and its longitude is 104° 53' 33.6''. This is said to be the only permanent boundary mark for several miles in either direction.50 Boundary mark No. 163, a cut-stone post 60 by 18 by 18 inches in size, was located by the Geological Survey in latitude 41° 00' 11.8”, longitude 107° 09' 20.4”.51 The position of the stone that marks the southwest corner of Wyoming is latitude 40° 59' 53.48", longitude 111° 02' 56.67" 52 A considerable part of the south boundary of Wyoming has been retraced by the General Land Office in connection with the surveys of public lands.
47 26 Stat. L. 222. 48 17 Stat. L. 32. # U. S. Coast and Geodetic Survey Special Pub. 19, p. 93. 50 Idem, pp. 92, 123,
The west boundary of Wyoming was surveyed and marked in 1874. Beginning at the mark of 1873 at the southwest corner of the State, the line runs due north for a measured distance of 277 miles 72.66 chains to a point where a 30-inch pine post 10 feet long was set 3 feet in the ground and surrounded by a mound of earth and stone. The position for the intersection with the south boundary of Idaho as marked in 1871 was 51.38 chains north of the 69-mile corner and 55.70 chains west of the mark previously established for the initial point of the Utah-Idaho boundary survey.
A concerted attempt was made in 1858 to organize the “ State of Jefferson,” which was to include the present area of Colorado together with small areas now within the limits of Nebraska, Wyoming, and Utah; but by popular vote in 1859 it was decided to organize a Territorial government instead. A governor and a legislature were elected and held office until 1861, when the Territory of Colorado was established by act of Congress.53
Colorado was organized as a Territory on February 28, 1861,54 with the same boundaries as at present, being made up from parts of the Territories of Utah, New Mexico, Kansas, and Nebraska. (See Pl. VII and figs. 19 and 21.) The name given to this Territory in the bill as it passed the House was Idaho; it was changed to Colorado in the Senate.
The boundaries were described in an enabling act, approved March 21, 1864, as follows: 55
That the said state of Colorado shall consist of all the territory included within the following boundaries, to wit: Commencing at a point formed by the intersection of the thirty-seventh degree of north latitude with the twenty-fifth degree of longitude west from Washington; extending thence due west along said thirty-seventh degree of north latitude to a point formed by its intersection with the thirty-second degree of longitude west from Washington; thence due north along said thirty-second degree of west longitude to a point formed by its intersection with the forty-first degree of north latitude; thence due east along said forty-first degree of north latitude to a point formed by its intersection with the twenty-fifth degree of longitude west from Washington; thence due south along said twenty-fifth degree of west longitude.
U. S. Geol. Survey Bull. 201, p. 93.
, S. Geol. Survey Bull. 181, p. 202. U. S. Geol. Survey Bull. 707, pp. 62-65, 1922. * 12 Stat. L. 172. * 13 Stat. L. 33.
Another enabling act, without change in boundaries, was approved on March 8, 1875.56 The conditions of the act having been complied with, the President by proclamation dated August 1, 1876, declared the admission complete.
For reference to the survey and marking of the east boundary see Kansas, pages 191–192, and for the north boundary see Nebraska, pages 189–190, and Wyoming, pages 198–199.
The south boundary of Colorado as far west as the one hundred and third meridian was surveyed in 1858, the terminal mark being a stone post 30 by 10 by 8 inches in a pile of rocks. A survey of the boundary line between Colorado and New Mexico from the one hundred and third meridian westward was authorized by act of Congress, approved March 2, 1867. This line was surveyed and marked in 1868 by E. N. Darling, United States surveyor, presumably on the thirty-seventh parallel of latitude, but subsequent investigations in the vicinity of Edith, Colo., showed that between the sixth and eighth astronomical monuments (there were eleven in all) gross errors in alinement and measurement existed, there being an offset or jog in the vicinity of the two hundred and twelfth mile mark of nearly half a mile.
In order to locate the line where original marks were missing the State of Colorado, in 1901,57 appropriated funds for the reestablishment of the Darling line between the sixth and eighth astronomical monuments. The act required that the field notes and plats be filed with the Secretary of State of Colorado, to be accepted as conclusive evidence in all cases in Colorado courts in which this part of the southern boundary was in question. This work, done in 1901, by State authority alone, was not accepted or approved by Congress and was therefore not binding on New Mexico, which was then a Territory.
In 1902 Congress authorized the resurvey of the entire line between the State of Colorado and the Territories of New Mexico and Oklahoma.58 This survey was executed by H. B. Carpenter in 1902–3, but the joint resolution passed by Congress for its acceptance as the legal boundary was vetoed by the President. The Carpenter line differs materially from the Darling line, being considerably north of it in certain places and south of it in others. At the east end the Carpenter line is more than half a mile north of the southern boundary as surveyed in 1858. On October 13, 1919, permission was granted to the State of New Mexico by the United States Su
36 18 Stat. L. pt. 3, 474. 07 Session laws of 1901, ch. 37. 68 32 Stat. L. 552-574.
preme Court to file a suit against the State of Colorado for a settlement of this boundary dispute.
The west boundary of Colorado was surveyed in 1878–79, the initial point being a large stone post established in 1875 in connection with the Arizona-New Mexico boundary survey. (See p. 203.) This mark was placed on the Colorado line as surveyed by Darling in 1868 but 1 mile 45 chains east of his terminal mark. From this point the line was run northward to the Wyoming line, a measured distance of 276 miles 51.66 chains. It was expected that this line would intersect the south boundary of Wyoming about 30 chains west of the two hundred and sixty-first mile mark, whereas the line as run was nearly 1 mile farther west (262 miles 28.58 chains). A sandstone block 30 by 20 by 6 inches was set 18 inches in the ground at this point, marked “WYO” on the northeast, “ COL 32° W. L”. on the southeast, and “UTAH 41, NL" on the southwest face.
The Colorado-Utah line was retraced in 1885 and re-marked with stone or cedar posts from the south end as far north as milepost 209. Between mileposts 81 and 89 the line was found to diverge toward the west 7° 10', which at least in part accounts for the failure to close as expected on the Wyoming line. The initial mark of this line was thus described in 1885: A stone 7 feet by 12 by 6 inches set 3 feet in the ground, and marked on the northeast face “ COLO 37° N L," on the southeast "N MEX 32° W L," on the southwest "ARIZONA," and on the northwest “UTAH 1875.” This mark is deserving of more than passing notice, as it is the only one in the United States that is the common corner of four States.
Between the one-hundredth and one hundred and tenth mile the positions of two boundary marks were determined by the Coast and Geodetic Survey 59 in 1893—the south mark in latitude 38° 27' 46.7"", longitude 109° 03' 34.1", and the north mark in latitude 38° 33' 57.0", longitude 109° 03' 34.2". These longitudes show that the line in this locality is nearly half a mile west of its authorized position.
The original area of New Mexico was taken in part from the region transferred by Mexico to the United States by the treaty of Guadalupe-Hidalgo and in part from the territory ceded by Texas. (See pp. 30–31, figs. 12 and 19, and Pl. IV.) The act of Congress of September 9, 1850, fixing the northern boundary of the State of Texas west of the one hundred and third meridian and providing for the payment of $10,000,000 to that State for land to be ceded to the United States, provided also for the creation of the Territory of New Mexico, when the transaction with Texas was completed. The formation of this Territory was announced by presidential proclamation of December 13, 1850.
* Special Pub. 19, p. 100.
The boundaries fixed in the act of 1850 were thus described : 60
That all that portion of the territory of the United States bounded as follows: Beginning at a point in the Colorado River, where the boundary line with the republic of Mexico crosses the same; thence eastwardly with the said boundary line to the Rio Grande; thence following the main channel of said river to the parallel of the thirty-second degree of north latitude; thence east with said degree to its intersection with the one hundred and third degree of longitude west of Greenwich; thence north with said degree of longitude to the parallel of thirty-eighth degree of north latitude; thence west with said parallel to the summit of the Sierra Madre (Saguache Mountains]; thence
south with the crest of said mountains to the thirty-seventh parallel of north latitude; thence west with said parallel to its intersection with the boundary line of the State of California; thence with said boundary line to the place of beginning—be, and the same is hereby, erected into a temporary government by the name of the Territory of New Mexico.
This territory was enlarged on August 4, 1854, by the addition of the Gadsden Purchase 61 and reduced by the formation of Colorado Territory in 1861 (p. 199) and Arizona Territory in 1863 (p. 206). The boundaries as thus changed are the same as those of the present State of New Mexico and are thus described : Beginning at the point of intersection of the one hundred and third meridian of longitude
60 9 Stat. L. 447. a 10 Stat. L. 575.