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


poor Ivy subsequent critics, it i'll becomes
the government of the United States t,
say 30. Ii the means provided for hi,
| purpose have been Inadequate, New Mex
90 should not he made 10 suffer for it
now. 1t is not credltahle to the United
States that alter forty Years 100000 Of her
people shonId be lett in the midst of chaos
Which invites dishonest speculation tur-
bulence, riot and rebellion, and which
repels worse than any Chinese wall the
coming of industry, capital and intelli-
gence for the honest and permanent de-
velopment of the country.
What we want, therefore, is tribunal
for the determination of these titles, and
the location OF the boundaries, whose acts
shall be of d judicial character, and whose
decisions, either originally or through the
medium OF convention appeal, shall be
final. We are not particular about the
details, but will be satisfied with almost
anything we can get thatwill afford re-
lief from the present sites, There are a
few substantial requi chaoshowever, with
out which any legislation would be little
better than none at all.
LIST. Such tribun a should be an in
dependent one, having no other business
than the Adjudication of these claims. 1t
is only necessary t. look at the crowded
condition of the dockets of our territorial
district and Supreme courts to perceive
the utter fntillty of any plan OF comforting
this special jurisdiction upon our existing
courts. There are cases now in the SUI
preme court which have been pending for
three years and over; half the cases on
the docket at the present term were con-
tinued from the January term, 1889, and
On count of the change OF judges six OF
them have to he argued over again.
I'd. Appeals, if provided for at all,
should be direct to the court OF last resort.
Any intermediate hearing is but device
for consuming time and increasing law
yers' fees and court expenses.
Sd. The tribunal should lit for receiv-
ing testimony and hearing arguments in
the district where the land is situated
The same principles as to venue of cases
involving lands which prevail in ordinary
litigation should for like obvious reasons
be adopted here. To require these cases
to he heard in Washington would amount
to contscation in many instances, because
of following there cases there.
4th. The testimony already produced
by claimants before the surveyor general
should be admissible as original evidence
before the tribunal, subject to the right OF
the government to cross examine the wit
ness, if living at lis own expense. The
generation of forty years ago has
mostly passed away, and it is inconceiv-
able that the government, after d9nylng
means If relief until he witnesses are all
dead, should declare forfeiture of titles
for want of their testimony. Nor, after
having once more done all that the law
required or permitted them to do, ought
the claimants to be at the expense OF do
ing it over agaln.
5tE. 1t is my opinion that the costs of
the proceedings be fore the tribunal should
be paid by the United States, if the
claimant is successful. If it was
his land the government never had
any right to it; and he ought not to
b. compelled to pay the costs of obtain
ing that recognition of the fact, which
the government owed him by the highest
surt of obligation. =.
9TH. As to the vast number of small
TRACTS whose OC'updlllS Ial d leCoSiilHeu
possession under the u-ages and customs
Of Mexico when we acquired tine country,
followed by continuous possession ever
since, whether under a paper title or not,
there should be provision by which the
claimants might 20 directly under the
local land office, and upon proof of the
facts, have their lann-not exceeding
100 acres-surveyed, and receives patent,
without any expense other than is re-
qured of persons entering under the
homestead laws.
This would be especially applicable to
many of the community grants which ex-
lit solely by virtue of the presumption
which follows--.:.he fact of settlement;
Holdings of this character are too small
and poor to bear the expense OF investi-
CATION and trial in any other way.
7th. In return for al this the govern
ment should exact that all claims be pre-
scented within certain and short period, or
be deemed to be abandoned.
A date will thus finally arrive when it
will be safe to buy lands at their intrinsic
value and when titles may be traced by
unbroken streams to their fountain heads.