Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-12-19


entire tract embraced within the boun-
daries as described in the grant papers
constitutes an area OF nearly 100000
acres, OF which amount about 5000 were
taken up and occupied by settlers at the
time the territory of New Mexico came
under the control of the United States
government and its laws.
My opinion is that congress intended
10 confirm the titles of these settlers, and
occupants to the lands thus assigned and
occupied by them within the town Of Las
Vegas or outside of it, within the pre-
scribed boundaries of the grant as origi-
nally made; and the confirmation was
made direct to the town, not only as the
most convenient form of making said
confirmation and issuing patent thereon,
but because the town of Las Vegas, act
ing i'll the interest and for the benefit OF
its people, was the proper party to
ask Tor, and receive from congress the
relief sought.
The setting apart of this large body of
public land for those who, being destitute
of land might obtain portion thereof on
application if a grant or contract at all ,
on the part OF the Mexican government,
WAS at most grant in future, dependent
upon the performance of conditions pre-
cedent; as contract 1t was exeCu-
tory in its nature, and con-
sequentlv, SO lar as the conditions
were unperformed, or the contract was
executed, when the United States ac-
quired the territory in which the land
lay, its laws superseded those of Mexico,
and thereafter, though private rights
would be respected, the unassigned lands
could only be acquired in accordance
with the provisions of our land laws, not
| those of Mexico.
Entertaining thes views resurvey
should be made so as to include only the
lands which had been allotted or assigned
| to settlers under the terms of the original
| concession at the time that the territory
of New Mexico became subject to the laws
OF the United States; and patent for
said land should be issued on said survey
to the town Of Las Vegas, so that the
proper parties in interest could perfect
their titles to their lands. The public
surveys should be eXtemded over the
residue CT said lands, and the same
thrown open under the general land
laws.
The conclusion as to patent arrived at
herein seems somewhat to conflict with
the views of my predecessor in the Anton
Chico case, reported in l.. D. PSF, (Rev.
Ed | have not the entire record in that
case before me, and the opinion does not
disclose the facts sufficiently to enable
me to determine whether they are iden-
tical in the two cases. But even if they
are the same, believe it to be my plain
duty to cause the patent to issue in the
name OF the congressional contirmee, the
town of Las Vegas, rather than to other
parties not named as confirmees.
As to the point that the town of Las
Vegas, not having been incorpor ated, is
legal nOn-entity, to which no title would
pass under the patent, it may be replied
that, if this he true, as matters OF fact
and law, the consequences would be more
far-reaching, for congress, in its wisdom
confirmed the grant, as shown to the said
town, and it there be no such town in
existence which can take, there simply
has been no confirmation of the grant
and nobody is as yet entitled to patent.
But do not understand this to be the law
Of this case.
Under the Mexican system, originally
tho people were required for self-protec-
ton and other reasons to live in town
whilst cultivating outlying lands; ard
the general laws OF that country gave to
such towns or pueblos four square leagues
of land for the use OF the inhabitants
thereof, and occasionally, by special
concession, as in the present instance,
grants of larger area were made for the
same purpose. None Of these towns were
ever incorporated in the sense in which
we use the terms, so far as my research
has gone. They were aggregations of
people who lived together for mutual pro-
lection, and under the laws and customs
OF that country bad officers for the admin
lstration OF their municipal affairs; but
there was no actual charter, no act of in
corporation conferred by the superior
power of the state, only the implication,
arising from the recognition Of the exist
ence of such towns, with authority to
guide their town affairs. This was the
condition of things W hen New Mexico was
acquired by the United States, and the
legal status of these towns and their
capacity to take as confrmees of grants of
public lands have been recognized in too
many instances ny congress and the ex-
ecutive departments, through too long q
period of time, to be now seriously ques
toned.
In the case under consideration, the
town of Las Vegas was not In existence
at the time the original grant was asked
for by Maese and his associates. One of
the purposes for which the concession