Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-11-09
LAID TITLES,

reminding You That New Mexico uiIGFS
entirely from tie remainder OF the terri
tories i'll this respect; that it is ali old and
not Few country; that it was settled
years before Jamestown, New Amster-
Jam or Plymouth; that Tor over 200
years it was Under Spanish control ard
for quarter Of century was a part OF
Mexico; that during that long period it
wa5 under & system Of law relative to
land titles entirely different from ours;
that when acquired by the United States
all the land that was owned at all was
hell under the laws or customs ot Spain
or Mexico, and that considering its
vast extent and considerable population,
those holdings were naturally very nu-
meroUs.
A change Of sovereignty OF course did
not affect private rights, and it will be
doubted whether the best course as 10
land titles would not have been TO have
lett them to be determined in the courts,
Us ii no change OF sovereignty had taken
place.
But congress thought otherwise, and
IN 1854 provided a method by which
owners OF lands under Spanish or Mex
lean law might obtain American titles for
them. This method was by application
to the surveyor general, who was to hear
evidence and pass upon the claim and
then transmit it to the secretary Of the
interior, by whom it was 10 be sent to
congress for its action. The object OF this
system, no doubt, was to determine
which part Of the land was public do
main belonging to the United States )
and if every claimant had been required
to make his application within limited
time, it might lave brought Il speedy de-
termination OF that question. But no
such limitation was in the law, and SO it
has sisnally failed to accomplish its OIL
Jet. During the thirty-fye years Of the
existence Of this system, only 162 cases
have been acted on by the surveyor gen
erul out OF all the pieces of property,
large and small. owned by parties at the
time OF the annexation. Nothing could
more clearly show the entire failure OF
the plan, even to determine what is the
United States land and what is not, than
this simple statement. So far rs the
multitude OF small holdings is concerned,
it was never even attempted to be used,
The trouble and expense oil obtaining
a title would be far more than the value
| OF the modest farms and gardens or
simple homes Of the generality OF the
New Mexico people. And as there is
nothing to compel the owner of vast
tract to present his claims, no one in
locating land as public domain is safe
IRON the chance that some grant yet
to be presented may cover and include it.
To make matters worse, congress com.
menced to confirm" tho grants that
were approved by the surveyor general
and cn!nuod so to DO with no apparent
hesitation until 1870. II even went SC
lar as TO give to the claimants more than
they possessed under the Mexican and
Spanish laws, for in its confirmation" ii
did not even reserve the precious metals
which had never belonged to the grant
owners under the previous governments.
Then suddenly IN 1870, after sixty-two
had been confirmed, change Of policy
took place aud it declined to act at all on
any New Mexico land claims, and since
snat time has made but one exception, in
the case OF the Meslta de Juana Lopez
grant in 1872.
This made an apparent difference as Ia
the goodness OF title between the grants
that were reported before 1870 and those
reported aiterward, and causes the dis
| tiuctiou which exists to-day, not only on
government maps, but in popular estima-
ton between confirmed grants and
''unconfrmed grants" It is difficult to
see Why private owner, who has per-
feet title running back perhaps 100 years,
should need any confirmation Of his title
by any tribunal but as some had received
confirmation, i. naturally threw suspicion
on tho titles not thus confirmed and at.
!ected their value. Matters were in this
very unsatisfactory condition when the
late surveyor general made them worse
by endeavoring to unsettle the few things
that were supposed to be determined
taking up cases which had been decided
! twenty-five years ago, NEUTRALITY-SUSPICIOUS.
az heard by the then surveyor genera
was satisfactory and he approved title
and without notice to any one, OF. calling
a single other witness or having o word
| OF new evidence, reversing the decision
OF the surveyor general who heard the
case and declaring the testimony insult.
Gent and the grant invalid!
| From this brief statement, It Is evident
that the present system does not accom-.
pjisl the work necessary. What is nsed.
1 eo is simply: ~" -.
LIST. a limitation of the, time within
which grants can be presented. Then al
the end Of that time We may at least know
where. there areno grants.
I'd. A tribunal exclusively for the hear,
! ing Of these claims and settlement OF these
tues. This tribut al should be court, in
1drder to challenge the highest respect
| and il shonld havn no connection witt
any other court, either to interfere with
its business or to be interfered with in
turn.
]. These seem very simple things, and yet
delegates, governors and surveyors gener'
aLhaye been lahoring to have them pro-
yided for years and years, aud without