Arizona weekly citizen., 1892-09-03
THE GRANT DECISION.
The Cubero Grant in Valencia Coun- ty Secure to the People.-A De- cision Involving Impor-
 tant Interests.
New Mexican.

Ia the case of the Cabero land grant, Mir. Justice Fuller rendered the decision of the court. which was concurred in by all the justices. The decision is very important and able and far-rsach- ing in that It settles the question of the right of ihs Atlantic and Pacific rail road to tracts of land granted it by congress in 1866 in the charter of the road.
 The attorneys for the people of Gu bero, Col. Max Frost and Mir. Geo. Hill Howard of Santa Fe. and Messrs. Jeff reys ard Earl. Washington, proved that the tract was settled in 1882, in accord ance with decree from the then Gov eInor Francisco Sarracino, by the claim ants, then being seventy or more in number; that 1t had been in undisputed possession of claimants ever since, that all conditions of the grant had been complied with, that the original grant papers were lost, but that they had be en in existence and vera either des- troyed or lost by the alcalde of the town prior to the American occupation They claimed that tbe grant was per feet at the time Of the casslon of the territory to thus government ard that the Atlantic aud Pacific railroad com pany had 70 right or claim whatsoever to ths odd sections contained within the limits of the grant, as the land was claimed and occupied aud in adverse posses fen to the railroad grant in 1916, and also in 1866, the date of the roads charter, and March 12, 1872, the date of the definite location of the road.
 MessIs. Frost and Howard also es ta6lished in tbe casa the less and de- s'ructcn of certain archives durn the res inc of Gov Pyle, which archives 1t is believed con,a ne ] valuable pagers bear ing on grant and ether matters.
 Mr. Chief Justics Reed visited the tract in question i1 person and took the tt s,lmOJy of the old men and most Im- porianL wiIns ,es then and there, as these cid men were too intirm and weak to be moved to Santa Fe. Two Cf these old men, oii linal grantees and settlers and fathers of some of the pre- sent claimants, have since died.
 U. s. Attorney Reynolds contended that there was no grant and that none such had teen proved. The Atlantic snd Pacific railroad company fled an lnteryener. claiming that 1t was entitled to the rIght-ot-way and the Cdd sect on- within the gr, nj, as such was given 1t by subs squelt act of congress. Capt | N. c. SteTry, general counsel, and KaIl n. Sy3c S;3c- assistant assistant counsei, appeared for the railroad.
 A number of witnesses were examined for the claimants and few for the United States. Two of the witnesses examined for tbe claimants were over 100 years old, and two were between 80 and 90 years of age.
 The court this morning in it's decision sustained the grant, declared it a per feet grant, that it was val at ths time of the cessicn and acquisition of New Mexico by the United States, that it was properly made, that the grant papers were lost or destroye1. that ihe grant was made for the lands within the boundaries claimed. that as the land in question YVES at the time of the definite location of tho Atlantic and Pacific rail- road not public land and not free from claims or prior grants; 1t could not be