Arizona weekly citizen., 1890-03-29
WEEKLY CITIZEN.
THE PERALTA FRAUD.


40. This is very decided departure
in land grant procedure, and on account
of the Importance of the claim, its we'll
known fraudulent character, and the
precedent that would be established by
its consideration IN the Court of Claims,
as well as the standing of the lawyers
who have cast their lot with this gigantic
fraud, this new move must attract very
general attention and considerable in
terest. The original jurisdiction Of the
Court OF Claims will be found on page
195, commencing with section 1859, r. S.
The class Of cases named as within the
jurisdiction of the Court of Claims does
not include private land grants of the
nature of the claims arising from our
acquisition of foreign territory under
treaty stipulation. Sec. 1066, r. S., par
ticularly provides as follows: 1.-The iuris-
diction of the said court shall not extend
to any claim against the Government,
not pending therein on December LIST,
1862, growing out of, or dependent ON
ANY TREATY STIPULATION ENTERED INTO
WITH FOREIGN NATIONS, or with the In
dian tribes"
Sec. 1907, r. S., provides that claims
pending in other courts are not to be
prosecuted IN Court of Claims.
The law governing private land grants
arising in connection with the purchas-
ing of Mexican territory now located
within Arizona, vests Jurisdiction in the
matter of private land grants in the Sur
yeyor General, and Congress, by Act Of
July 10Th, 1870, and this mode of pro-
cs1ure in this class of cases is still in
force.
Under section 1869, r. S., the bringing
o. this case in the Court of Claims is
barred by limitation.
Sec. 1OS6, r. S., provides: "'That any
person who corruptly practices or at
tempts to practice any fraud against the
United States in the proof, statement,
establishment, or allowance of any
claim, or fair part of any claim against
the United States, shall, ipso facto, for
felt the same to the Government; and it
shall be the duty of the Court Of Claims
in such cases, to find specifically that
such fraud was practiced or attempted
TO be practiced, and thereupon to give
judgment that such claim is forfeited to
the Government, and that the claimant
be forever barred from prosecuting the
same"
The forgery of the Nasal deed, and
the fraudulent seal represented as that
of the King of Spain, is sufficient alone
to end Reavis' career in the Court
of Claims. In the petition for a hearing
in the Court of Claims the act of March
3rc, 1887, isEespecially relied on. This
provides that the Court of Claims shall
have jurisdiction to determine "all
claims founded upon the constitution of
the United States, or any law of Cony
gress, except for pensions, or upon any
regulation of an Executive Department,
or upon any contract, express, or implied
with the government of the United Sta
ties, or for damages liquldated or uni-
quidated, in cases not sounding in tort,
in respect of which claims the party
would be entitled to redress against the
United States either in court of law.
equity or admiralty, if the United Sta
ties were suable. Provided, however,
that nothing in this section shall be
construed as giving to either Of the
courts herein mentioned Jurisdiction to
hear and determine claims growing out
of the late civil war, and commonly
known as war claims, or to hear and de-
termine other claims which have here
tofore been rejected or reported on ad-
versely by any court, department, or
commission authorized to hear and de-
termine the same; provided that no suit
against the government of the United
States shall be allowed under this act,
unless the same shall have been brought
within six years after the right accrued
for which the claim is made"
With such conditions for a hearing
before the Court of Claims, and with
the Surveyor Generals adverse report
TO Congress on the Peralta claim six
months before its filing in the Court Of
claims, and with direct law committing
these cases to the Surveyor General and
Congress, Reavis is indeed driven
30
piring effort to palm off his forged pa
pers on a court through an expart
showing. The fact is that Reavis, and
his able bodied aids, realize that the
last stepping stone has been knocked
from under him in the Land Depart
ment, and this fruitless attempt is made
at the instigation of Reavis, and upon
his representations to his lawyers. 1t
may seem a little astonishing that
Reavis can secure the services Of law
yers, In case where papers have been
fabricated, and forged, but it must be
remembered that these lawyers know
nothing abont the papers except what
they learn through Reavis. The papers
are in the safe of the U. S. Surveyor
General at Tucson, and can only be
seen there. They have never been sent
TO Washington or elsewhere, and it is
not strange that Reavis can mislead
lawyers, and secure their services by
promises of principalities in the way of
contingent fees, backed up by unblush-
ing lies as TO bis worthless papers.
1t is astonishing that the name of
Luther Horriscn, Assistant Commission
er of the General Land Office under the
the Arthur administration, should be
associated with the Reavis counsel on
the petition presented to the Court of
Claims. The fact that Luther Horri-
son will associate hlmcalf r-i+b po,~;-