Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1892-08-29
COMBINATIONS ORDERED.
The GubcrO Grant in Valencia County
secure to the PeOple-A Deci-
sion Involving Import
ant Interests.
The Ranches del Rio Grande Tract in
Taos County Also Confirmed by
the Land Court To-Day.
THE CUBERO GRANT.


In the case of the Cubero land grant,
Mr.. Justice Fuller rendered the decision
of the court, which was concurred in by
all the justices. The decision is very i'm
portant and able and far reaching in that
it settles the question of the right of the
Atlantic & Pacific railroad to tracts Of
land granted it by congress in 1866 in the
charter to the road.
The attorneys for the people of Cubero,
Col. Max Frost and Mr.. Geo. Hill Howard
of Santa Fe, and Messrs. Jeffreys and
Earl, Washington, proved that the tract
was settled in 1882, in accordance
with decree from the then Gov
ernor Francisco Ssrraclno, by the
claimants, then being seventy or
more IN number; that it 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
been in existence and were either des-
troyed or lost by the alcalde of the town
prior to the American occupation. They
claimed that the grant was perfect at the
time of the cession of the territory to this
government and that the Atlantic u
Pacific railroad company had no right or
claim whatsoever to the odd sections con-
tanned within the limits of the grant, as
the land was claimed and occupied and in
adverse possession to the railroad grant in
1916, and also in 1866, the date of the
roads charter, and March ~, 1872, the
date Of the definite location of the road.
Messrs. Frost and Howard also estab-
lished in the case the loss and destruction
of certain archives during the regime Of
Governor Pyle, which archives it is be,
I1eved contained valuable papers bearing
on grant and other matters.
Mr.. Chief Justice Reed visited the
tract in question in person and
took the testimony of the Ole
men and most important witnesses
then and there, as these old men wert
too inirm and weak to be moved to SAINTS
Fe. Two of these old men, origina
grantees and settlers and fathers of somt
OF che present claimants, have since died
U. S. Attorney Reynolds contendet
that there was no grant and that mont
such had been proved. The Atlantic &
Pacific Railroad company filed an inter
veneer, claiming that it WAS entitled to thu
right of-way and the odd sections within
the grant, as such were given it by
subsequent act of congress. Capt. N. G
Sterry, general counsel, and Karl A
Snyder, assistant counsel, appeared TO
the railroad.
A number of witnesses were examined
for the claimants and few for the Unite'
States. Two of the witnesses examined
for the claimants were over 100 year
old, ard two were between 50 and o
years OF age.
The court this morning in its decision
sustained the grant, declared it a perfec
grant, that it was valid at the time of tn
cession and acquisition of New Mexico b.
the United States, that it was proper.
made, that the grant papers were lost o
DESTROYED, that the grant was made 70
the lands within the boundaries claimed
that as the land IN question was at tn
time of the definite location of the Allan
tic & Pacific railroad not public lam
and not free from claims or PRIOR grants
it could not be granted by the Unite
States to the railroad, and that deere
should be entered up giving and confirm
ing the entire claim, including the cd
sections OF land within it, to the peopl
of the town of Cubero, except the rigt
of way of 200 feet in width which right {
way was held to be good to the railroad
the grant claimants laying no clall
thereto. 1t was ordered that decree
drawn in accordance with the decision.
This case is of vast importance as
settles, as far the court of private Ian
claims is concerned, the rights
the Atlantic & Pacific railroad to tt
odd sections Of land lying within unco
tirmed Spanish and Mexican land gran
and claims west OF the Rio Grande, whit
were sub-judice, and as fully one half OF Il
grants claimed are in that section OF Ne
Mexico.
The decision is deemed SO far reachi
in its results that, more than likely, t.
J U. S. attorney will carry it up to have t
questions finally passed apon by the
preme court OF the United States.
. THE RANCHos DEL RIO GRANDE GRAN
In the case of the Ranches del T
Grande grant, involving about 1896
acres in Taos county, the court also re
dered it's opinion this morning, contir
ing the grant. The opinion was
Justice Murray and covers some i
portant points relative to the elev
league clause and as to what constitutes
perfect grant. The opinion will be pit
lished in these columns to morrow.