Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1890-01-03
FRIDAY. j ANUARI 3.
A U. s. LAND COURT.


Senator Wolcott, of Colorado, has in
PRODUCED in the Z. s. senate bill the
object of which is "to establish a United
States land court and provide for Judicial
investigation and settlement of private
land claims in the states OF Colorado and
Nevada, and in the territories Of Arizona,
New Mexico, Utah and Wyoming." 1t
has been twi ice read, and is now before
the committee on private land claims.
Under this measure the proposed court
shall consist OF chief justice and two
associate justices, competent attorney
In English and Spanish, clerk OF court,
deputy and steuosraphers. This court
by one or more of Its mem bers shall be in
session at least six months in the year
at the capitals of the states and territories
named Terms may also be held i'll
Washington as the convenience OF the
business may require.
This court shall be divided into three de-
partments, and the chief justice shall as
sign The judges to preside over these, and
the justice Of each department shall have
power 10 hear and determine all cases
coming before him; and from time to time
as may lie necessary the three justices
shall sit in banc, and when thus sitting
huI # nj a ri tn
which cases from the department courts
may be Appealed, similar to our present
judicial system. In all cases where the
value of the property does not exceed
$1,000 the decision Of the court in banc is
made final, but where the amount of val
uat on is create than this sum appeal
may be taken by contestng parties or by
the United States to the United States
supreme court. All private land claims
must BIZ presented before this court for
adjudication within three years from the
time the bill becomes law. Evidence
taken before the surveyors general shall
be con pelent; additional testimony may
be taken by dispositions, or oral testimony
may be presented. Persons claiming an
adverse title or holding under the United
States shall have the right to intervene as
party in interest
In determining causes the court shall
be governed by treaty provisions, the law
of nations, the laws OF the government
from which the claim is derived, the prln-
ciples of equity and decisions OF the su-
preme court OF the United States so far US
they are applicable. In no case shall the
court confirm a claim for more than the
original grant, and in confirming such
grant, in whole or in part, the court shall
specify in its decree plainly the location
boundaries, and probable area of the
claim confirmed No confirmation "shall
confer any right or title to any gold, sill
yer or quirksl liver or m nerals of the same,
unless the grant clame,l effected the
donation or sale OF such mines or miner
ais, which shall remain the property OF
the United States, with the ri !ht of " york.
ing the same and authorizing the same to
be worked" Lands of 100 ares or less
not inc uded in any grant occupied and
possessed by people whose ancestors were
of Spanish or Mexican descent shall be
confirmed to them upon proper evidence
of their OCCUPANCY and possession.
Grants confirmed by the court shall be
certified up to the general land Office and
surveyed and plated under direction Of
the surveyor general. Due publication CT
such survey shall be made and after
ninety days, ii there be no objection to it,
the papers in the case are sent back t.
the land office, examined by the secretary
OF the interior, resubmitted to the land
court, and upon final approval by the sur
vey and plat again sent back to the gem
eral land Office, when the commissioner
is authorized to issue patent. If the
survey shall be Ollie ted to by any inter
ested party during the ninety days it is
generals office, then the objections shall
be laii first before the commissioner OF
the general land office, secretary of the
interior and afterward come again before
the land court for a final review.
Ample provision for publication as to
the opening OF the terms, regular or spe-
cial are made, AID notices must also be
published in English and Spanish, as to
the survey having been made, giving all
claimants abundant opportunity to call
and investigate any case at the surveyor
generals oaice before the approval OF the
survey by the higher officials.
The resources of New Mexico are al
It A. &C