Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1892-08-30

animation of the grant, or act of posses
sion, that the officer makes the following
statement:
81, Antonio Jose Ortiz, senior alcalde
and war captain, of this town of Geronimo
de Taos, and the Jurisdiction thereof, in
obedience to the command of Lieut.. Col.
Fernando Chscon, knight of the order of
Santiago, and civil and military governor
OF this royal province, before proceeding
to the said Rio Grande place in company
with two witnesses, to-wit: Cristobal
Vigil and Juan Ignacio Sanchez, and the
ten petitioners being present, |, said alcal-
de, explained to them, ETC."
The alcalde was the proper officer, I'M
der the orders Of the governor, to put the
parties in possession. The statement in the
grant by the officer making it, that he
acted by the command of the governor,
must be taken as prima facie true. That
being the case, the alcalde under the
orders of the governor, in compliance
with the request OF the petitioners,
places them in possession, with all the
formaities required at the time by tie
laws of Spain, to vest in them perfect
legal title.
Original papers introduced with the
expediente of title further show that, in
the year 1887, other parties petitioned the
then governor of New Mexico for grant
to the land embraced in the grant of
17o5 that tbe matter was reterred TO the
avuntamiento mr. town conncil of Taos.
~ invastioate fbe matter and renort to
sold governor The matter was
referred hv The town council of
Taos IN three citizens who
afterwards made report showing that
the land netitioned for had been granted
in The vear 17o5 IN snndrv citizens This
fact beino renorted to The Governor. he
refnsed r. Grant Tho nrover of The said
net,tioners This action Of the governor
was recoonit;on of the t;tle of those
claiming under the GRANT of 1905. The
Mexican authorities having in effect. after
fnll investigation acknowledped the valid
itv of said grant. il ia binding on the
Tinted States who only succeeded to suct
RIGHTS as Mexico had at the date of the
transfer If SOVEREIGNTY
II anneays from The netition and nroo
IN the cause that the boundaries of thi
GRANT conflict with what ia known AZ tn,
HMora GRANT y which last mentioned gran
has heen confirmed hv act NJ CONGRESS
and a natent issned r. i, insisted tina
The owners Of The Mora grant are neces
sayv narties to This suit. that this cour
must settle the onestion of boundar,
where there ia a conflict
This CONT has nothing wbatever to d
with the settlement of boundary lines he
tween nrivate narties The decree in thi
cause can NOT in anv wav affectthe right,
of nriyate parties thew are left bv the &C
of congress to SETTLE their disnutes in tn,
local Courts The decree of This cour
only onerates "a a release Of all interest a
the Tinted States in The land embraced il
the grant confirmed ~
This case does not fall within the pre
visions of section ID NJ the act of congress
approved March 3, 1891. which provides
HSec ID That il in anv case il aha
annear that the lands or snv mart thereof
decreed to anv claimant nnder the proyi
.ions NJ tbis oct shali have heen sold q
oranted nv the JTnited States to any othe
nerson snch title from The limited States
r. snch other nsrsona shall remain valid
Observation-Disclosures sncb denree, and upo
nroof heino made to the satisfaction {
said CONT that sncb sala or grant and tb
value of the land 40 sold or granted. sue
: court sbalI render INDIGNANT in favor c
nuch claimant against the United State