Arizona weekly citizen., 1881-02-06
|. \ Surveyor-General's OpiniOn-Rec- ommends Confirmation for Exactly Tour Square Leagues, with Res crvation of the Minerals.

ANi hAANH 1dlA AElaAAD hNA NNSN'~N
 morI and San Juan de las Boqulllas y Nogales; the first named two have been examined, reported iavorably for confirmation, and preliminary sur yeys ol them made by this office.
 VALIDITY OF TITLE.
 With reference 10 tthe Mexican ar cliye and record evidence of this grant, Special Agent R. c. Hopkins made the following report in the year 1879, viz
 60 The original eXpedIente of this grant containing forty pages, is found in it's proper place in the archives; it is written on the bonding stamped paper; the proceedings of survey, valuation, publication and sale of the land, are all regular. It also contains an official certificate that the grantees had paid into the Treas ury the sum of $240, the amount at
 which the land had been valued. There is nothing in the paper, writ
 ing or signatures, calculated tO cast the slightest suspicion upon the bona Aides of the grant There is found in the book of Toma de RaZon the fol- lowing entry: On the Sth of May 1S33) a grant was issued, gratis, In accordance with law, for four square leagues of land foI stock raising, in- cludIng the place called San Juan de
 las BOquillas y Nogales, Tn the juris- diction of the Presidio of Santa Cruz,
 in favor of the citizens Captain lg-
 nacIO Elias Gonzales and Nepomu- cenO Felix MENDOZA"
 Parties unfamiliar with the land
 records of Mexico, regard such com parativelY meager record an insutfi- cient compliance with Article VI of
 the Gadsden treaty under which the United States acquired Arizona. Not
 wiJhstanding grants in California
 were mere gifts under the coloniza- ton law of the Republic of August ! Is. 1894, and those in Arizona actual sales by authority of the law of Aug ust i, 1894, the character and extent
 of record were substantially the same in both cases. Referring to what con stitutes a record of titles to Mexican grants of land, the United States Su- preme Court say
 " Adjudication of land titles were required by the Mexican law to be re corded. That requirement., how ever, was regarded as fulfilled, accord ing 10 the practice Tn California, when a short entry was made in a book kept for the purpose, specifying the number Of the eXpediente, the date of the grant, a brief description of the land granted, and the name of the person 10 whom the grant was issued.' v J23 Howard, p. 219.)
 This quite accurately describes the entries in the book of TOma de RaZOn in Sonora. save that the espedientes there are not consecutively numbered, and therefore no number is entered in the record; but it is all the book record kept, and meets the requirements of the treaty. It would be absurd 10 suppose that the Mexican Government agreed to a treaty stipulation which
 would iuvalidate titles to the property of its citizens.
 AREA OF THIS GRANT.
 Petitioners refer to this grant as one of " four square leagues Of land de ganadO mayor, more or less, and ask confirmation ''in accordance with the boundaries called and set forth Tn the said utle document marked Ex. A"
 The quantity of this grant is ire Ouently mentioned in said EX. A, and always as four square leagues, and n no instance do the words ' more or less " appear in it. The surveyors or measurers say they measured four square leagues; the appraisers report the value of each square league to be sixty dollars, and that of the four square leagues tO be S240, since they contained running water, and that was the prce fixed by law for such land: and in ordering the auctions of the land the Alcalde of Santa Cruz does so " in view of the proceedings of measurement and valuation of the four square leagues for stOca-rais ing etc.: the adctiOneer in his first and last offer of sale distinctly described
 the lands of the place named < embracing four square leagues, measured *# and valued at $40, at the rate of S6O each, to be sold on account of the LaliOn;' the three wit uesses who testified to the ability of the petitioners to stock the rancho, stated if Co be the four square leagues." in the three final auctions but four square leagues are referred 10. and when sold, the auctioneer an nounced the sale of the four square leagues and that the price paid for for tho hn1a &Ol0 and the Treasurer General certified to the payment for that exact quantity and that the grant was for that area and not any more or less.
 The measurem ents or boundaries set out in Ex. A embrace a tract seventv-six c0rdeles m width by five
 hundred and forty-five cordelss in length, or something over two hundred acres in excess of the four square leagues sold and granted and to winch the petitioners are entitled.
 EARLY OCCUPATION.
 Witnesses have not been called to tes- tify in this particular. The testimony set out in the judicial proceedings re- gently had in Sonora, and which are a part of this case, shows that the rancho had been properly occupied gfter pure h asc, and that it's abandon ment was in consequence of the hos tilitv Of the Apaches, and accords with the current history of the times.
 In relation to non-occupation or non- compliance with the conditions of
 such grants after the change of sov-
 ereignty, the |. S. Supreme Court remarks;
 ..W We know of no law of the United ] States which authorizes us to pro-
 nounce a sentence of forfeiture for any act or omission since the date of the ] trcaty."-T2l Howard, p. ITS.
 MINERAL. CHARACTER OF THE LAND. A portion of the land of this grant, ] is undoubtedly mineral in character. 1 Several mining claims on it are mark ! ed out. recorded, occupied and arc