Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1892-04-26
The U, S. LAND COURT.
Mr.. Clancy Wins an Important Victory
in the Case of the Albuquerque
Community Grant,
Confirmed for Four Leagues and the
The Court Term Closed.

The U. S. court of private land claims
the case Of the Albuquerque grant, in
favor OF the claimants No written
opinion was filed, but the chief justice
briefly stated the grounds of the decision.
He SAID, in substance, that the proofs
showed very clearly the existence of an
organized iowa at Albuquerque from
very early date, certainly from the year
l706, down to the time of the occupation
of the country by the United States; that
under the laws OF Spain and Mexico, such
town was entitled to lauds, and 10 the
absence Of proof Of grant Of a
different or greater quantity, the
presumption OF law was that the
town should have four square leagues
No proof was presented of an actual
grant, but mass of documentary evil
dence was submitted, which showed the
allotment OF lands to settlers from time 10
time, from 1907 down to 1910, by tie
proper spanish and Mexican authorities
Of the villa, clearly proving he existence
OF large ody Of common lands, such as
Il town with a grant would certainly
have.
The first paper introduced in evidence
was from the archives in the territorial
library, and is a certified copy of the pro.
ceedings Of the royal audience at Guada
laja ara in l7u6, the president OF which was
the duke of Albuquerque for whom the
town MIS- named.
This paper begins with the setting ou
OF the name and titles uf the duke, whict
is here reproduced rs a curiosity:
"Don Francisco Fernandez de la CuebS
Enrriqnez, duke OF Albuquerque, Marquis
de Cue ar, count de Ledesma and Guel
ma, lord of the Villas OF Mombeltron, Iii
Codosera, Lansaita, MAares, Pedro Der
S nardo, Aidea DavlIa, San Esteban, de
IS Villarejo and Las Cuevas, commander o
2 Guadalcaval Of the order of Santiago anC
q OF Benfayar in that of AIcantara, gentle
man of the BedChamber OF bis majesty
= his vlceroy, representative, governor anc
captain general of this New Spain anC
president of the royal audience OF the
same, ETC."
AS to what the "etc" means, is now
and perhaps ever will be, wrapped il
mystery, and the public will probably
never know what more might have beer
added to the description of this early Of
fetal of the Pooh Bah class, had it be-
come necessary for him to have used his
full official title.
The decision in thi1 case is Of the ut
most import in that it fully establishes 9
valuable precedent, which more or less
elects all community grants, particularly
those Of the city OF SOcorro and the cit,
of Santa Fe.
The case was admirably managed by F
". Clancy, esq who took it up as specia
, attorney employed by the Albuquerque
city council. With his usual ability fol
searching out and presenting facts Mr.
Clancy had his case SO shaped, that, " hen
it came time for hearing, it was pushed
through in the most business-Ilke, cleal
and expeditions manner, which, no doubt
is a source OF much satisfaction to the
court. Mr.. Clancy's associate in the case
was Mr.. E. w. Dobson, a rising youne
Albuquerque attorney, and very valuable
assistance in searching the ancient arch
ives and collating the facts was rendered
by Mr.. Clarence Key, Of Santa Fe.
The final dec'ee in the case is being
drawn and will he signed this afternoon.
In the court this morning, Mr.. Geo
Hill Howard, for himself and his aasoci
ates, Messrs Jefdes & Earle, of Wash
ington, b. G., filed on behalf of the peo
pie of Al media, petition for the condr
nation Of the Francisco Monies VIgi
, grant. This grant Is situate iulnedlatel,
north Of the Albuquerque community
grant 1t was made in 1910 and covers
lu6 900 acres. The land court official,
having business in Arizona, Mexico anc
Colorado for the coming three months, to
day adjourned tie term of the court here
till August Is.