Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1890-01-07

pral. TINS wa, done in 1861, upon re
port OF the house committee on private
land claims, laid before two successive
sessions.
Here were liberal quotations from
these committee reports presented to
show the reason and justice which then
speaker then brought the subject along
to the time Of the beginning Of the war,
speaking eloquently of the patriotic spirit
that prevailed among this people.
Since Il at time, for quarter OF century,
they have been knocking at the doors OF
congress in vain for relief of any kind.
The public records show that as early as
1860 more than 1000 claims had been
fled under the act OF 1854. About lao OF
these have from time TO time been report
cd by the surveyor general and transmit
fed for final action. Forty eight have
been confirmed in New Mexico and Colo
RADIO, and about ninety remain pending,
awaiting the final action of congress.
On,y seven claims have been acted on
since 1860, and but q single one since
1870. The owners are powerless to ex-
pedite action in their claims by congress,
and there is no other authority to which
they can apply.
Mr.. Springer then spoke of the con-
tinued neglect or refusal of congress to
take up this subject with any show of
sincerity, and followed on to the treat
ment the subject had received at the
hands of the supreme court of New Mex
leo This court has declared that the
holder of an unconfrmed Mexican title
can not recover in ejeCtment unless there
has been IAN actual custer of the plain
titfs by the defendants, or an intrusion
upon their actual possession because
the courts have no jurisdiction to pass
upon the validity of such titles, but that
they may be permitted to exercise a
limited juris fiction to the extent of pro-
tecting the possession from intrusion by
wrong doors, or persons having no SUI
perior titles. Until the courts
are invested with full jurisdiction, ali
they can do is to preserve the st ,tus in
quo of the estate and parties" Chavez
VS.. Whitney, (January II, 1889, IL Pac.
Rep 6l6617.
That is to say that which was property
at the date OF the treaty of Guadalupe Hi
dal.o ceased thereafter to he such that
instead of being ''inviOlably respected, u
it may be violated with impunity so far
as the courts are concerned; that what
may have been a legitimate title in a
Mexican tribunal before the cession is
not acknowledged before the American
tribunals" For the actual possession
hich the courts will protect, according
to this decision, from Intrusion by wrong
doors, or persons having no superior title,
lis sufficient to recover upon in ejectment
against that class of defendants without
any title whstever; and the logical result
of the decision is that the courts can not
protect the titles as such at all, and all
that portion OF the landed properties held
by Mexican owners under legitimate titles
from their governn.e nt before the cession,
which is not within their 'actual posses
sion," may be appropriated by any one,
without pretense Of title. and the courts
can afford no redress, until congress acts.
Furthermore, the supreme court OF the
United States has recently intimated that
there may he a question whether, under
the act of 1854, Mexican title in New
Mex co "has any validity at all without
confirmation by congress"
While, therefore, the man who thought
he WAS property owner with leglti
mate title under Mexico will find in the
treaty and the diplomatic assurances and
explanatory protocol respecting it, and
The early exposition of his status there
under by the courts, a very interest
ing treatise upon theoretical private
rights, " hen he wants the use of his land
that is a very different thing The courts
can not recognize his title at all without
Confirmation by congress. Congress will
not confirm it, nor furnish any tribunal
Which can. But whenever a squatter
has taken possession of chnii'n piece
| IF his property, tic court wil1o' escrye
the status in quo. So he is reunited to
seek justice at its original founts. and the
ongest range rifle holds the ranch.
Rut the end OF the chapter is not yet.
The politicians took hold of the question
in earnest New Mexico, 80 long forgot
ten, suddenly loonled up as fertile field
Tor the production Of the sort of capital
hch is the chief stock in trade Of the
narrow gauge politician; and 80 they
set about TO cover the little that had been
done toward settling our titles with the
faint OF fraud The public were regalei
with stories OF land frauds in New Mexico,
in oil the glory of startling head lines, in
the sensational newspaper, and the
scare ely less sensation al review, from
one end of the country to the other
One Of these Islander loving patriots, a
man who has been Oh all sides of almost
every question he has touched, came out
here, according to his own confession, to
lnaugurate raid on New Mexico land
titles. The amazing spectacle was then
presented OF United States surveyor
General, holding office under an act of
congress having for its object the settle
menet OF titles, deliberately and profess
ehlv undertaking to overturu p large part
of what his predecessors has done SEE
llng himself up as court OF review upon
their acts; taking up cases passed upon
Years before, and without notice to
the parties i'll interest, or an oppor-
tunity for them to be heard, declaring
their titles fraudulent and void. These
performances were without jurisdiction,
and in legal effect absolutely null; yet
they DERIVED importance in the public
mind from the fact that they were given
out to the press and published as official
decisions; were printed by the gen al
land Office as such. and scattered broad
cast over the land. Titles that have been
confirmed by con !ress and patented, and
even decided by the highest courts Of the
country to be good and valid and free
from fraud, were not ale from the venom
Gus tongue of this official scandal mon
ger. Not content with the mischief he
could do by his mendacious fctions in the
form OF official reports, this modern Their
sites sought and, to the lasting discredit
ot the managers OF that journal obtained,
space in the North American Review for
the utterance of paper hich, for uilfuI
distortion of facts and wholesale villlfi.
cation of public officers in all departments
Of the 'vernment, but rarely had par
allel. He writes it as surveyor general of
~ NJ 4 Ill :,f, hnt