The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1877-10-27

81
mite and specific parcel OF land was
severed from the public domain ana
it has been settled by repeated deel-
sions in this court, and i'll cases, too,
where the instrument contained clear
words of grant, that if the description
was vague and indefinite, as IN the
case before us, and there was no Or
fetal survey to give it certain Local
ton. it could create no right OF prl-
vate property in any particular par,
eel of land which could be maintained
in court of justice. The land
claimed was not severed from the
public domain by the Spanish author
tiles and set apart as private proper
ty, and consequently it passed to the
United States by the treaty which
coded to them all the public and un-
appropriated lands"
Our own Supreme Court have re-
peatedly announced the same doc
trine. In Ledoux as. Black, V An,
$40. which was case of claim ac-
knouLedged to be confirmed, the court
held that to sever lands from the do
main, their boundaries must be SO
desig nated, by survey or otherwise,
as to enable the court to ascertain
them and that lands in Louisiana,
not severed under the Spanish gov
ernment, may be held by adverse IT,
tie derived from the United States.
This decision was affirmed by the SUI
preme Court of the United States.
lIYVTTJ HOUdrd. 473)
In the Houmas claim, Galvez could
not have designed his patent to cover
more than IL league square, for the law
limited the grant to that quantity.
! (OReHtg's regulations of Feb. IL, 1870,
Am. State Papers, Pub. Lands, Y,
$50, GREEN'S ed. Gayoso's instructions
of Sept. 8, 1897, 10. 800. Morales
regulations of july II, 1899, ID. 291.)
Hence the limitation of a league
square in the contirmatory provisions
of the act of the Bird of March, 1907
lfII U. s. Stat. at L., 440,) of the act
of the 18th of April, 1914, ID. l22, }
and of many other acts of Congress.
If Galvez designed his patent to cover
more than IA league square, the pat
ent is void Oh that ground alone, for
whatever is done contrary to pro-
hibitoIy law is void. (I0ullier I, 80
"Code de Procedure Grille " of France,
a. 1890; Ciril Code Of La, art. 49,
} g Every thing which has been done
contrary to law is null" (MOrales to
Don Pedro Vdrela q UtlOa, October Is,
1897 La,Us relating to the Pub. Lands,
II, SAY IAN arbitrary grant of pub
lie land by a Spanish Governor would
be void.n (Nayor Us. Metsinger, 3 AZ,
3O3, cited II Hennen, edition Of 1861,
%. 1862, b. ~ If, therefore, the back
concession of the Houmas grant be
maintainable under the law of ma
tions-wIich is denied-it is only
maintainable to the extent of a league
square, which, as we have seen, is
7056 square arpens, or 597l .35 acres ;
and this quantity, as we have also
seen, should have been severed by
the Spanish government, aud should
have been surveyed contiguous to the
rear of the front concession for the
grant of Galvez is clear as to that
boundary, but dubious as to the side
boundaries, and utterly indefinite as
to the rear boundary.
Nor have the Supreme Courts OF
the State or of the United States ever
acknowledged the validity of the
} Houmas title. The first case iuvolv-
, ing the title is that of Foley Us. Har,
rison, V Annual. Sc. Foley, claiming
+. under State patents, sued Harrison
| holding under floats, originating, h,
virtue of the presumption act of the
10Th of June, 1884, W q. S. Stat. q
t., 676,) in the Houmas tract, belint
the assumed limits Of the leagu,
square, and alleged by the plaintiff t.
have been legally cancelled. Among
other grounds of defense, Harrison
relied Old confirmation of his float
under the act of the Bird of August
1916, ok U. S. Stat. at L., 81, al
though the plaintiffs pateats date
, prior to that act. There was jadg
ment for the defendant. "We arr
t not prepared TO concede that the en-
/ tries were originally made in viola
ton of law" say the court, alludins
r to the presumption entries within til,
e Houmas tract. "The proviso in tn,
ttCb VI Toll kL1 y ~ 5tUt. Ut lLsJ OOC,
I, is that until the final decision of Con
gress thereon, 10 tract of land shall
!. be offered for sale the claim to which
e has been in due time and accordin,
i to law presented to the recorder o
e land titles. in the district of Louisi
: ana, etc. 1t is true that the Houma
: claim had been thus presented; bu
|, the plaintiff admits that it was acte,
upon and confirmed by the act of til
It 18th of April, 1914. OH U. S. Sta
t at H. This confirmation satisfied th
1 proviso of the act of 1911.
: Congress, by the act of 1914, linn
e tied the grant to the number of acre
!, contained in one league square, an
n as no further claim appears to hav
o been made by the grantees durin
:. the twenty-five years which followe
b its passage, Mr.. Commissioner Ora
a ham was justified in considering til
:, decision of Congress as final upon til
II whole claim. and the lands not COZ
II firmed as public lands.
Ia =. Il Al II II