Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1892-03-08
AN IMPORTANT MEASURE.

Delegate Joseph has introduced into
congress a 'bill in relation to confirmed
town grants in the territory OF New MeXl-
leo. =" and has secured its reference to the
committee on private land claims. Al
though very brief in its terms, being
couchel in single sentence, the bill Is
of momentous importance to the people
of New Mexico. 1t provides, in sub
stance, that, in all cases wherein town
grants in the territory OF New Mexico,
originating under the laws OF Spain or
Mexico, or claimed under those laws,
have been confirmed by congress, or
shall, under the provisions OF the land
court act, be hereafter finally confirmed,
so much of the common and unallotteo
lands contained in such grants, as may
now or hereafter lie within the corporate
limits of any organized city, to"n or VII
lage, shall belong to such city, town or
village, and shall be subject to sale or
other disposition by its local governing
authority; and so much OF such common
and unalotted lands, as may now or
hereafter lie outside of the corporate
limits of any organized city, town or vii
lage, shall belong to the county wherein
such lands NAV now or hereafter be
situated, and shall be subject to sale or
other disposition by the board OF county
commissioners of such county.
The immediate passage of this import
ant bill would greatly facilitate the quiet
ing and marketabiity OF the title to some
OF the most valuable town property in the
territory. Santa Fe, Las Vegas, Albu-
queroue, Socorro, Belen and numerous
other places are situate upon town grants.
Under the existing law, no title can he
gwen except by act OF legislation, to a
single acre OF the common aud unalloted
lands contained in such grants. Allot-
ments made in severalty to individuals by
Spain and Mexico are all safe, for the
Spanish and Mexican local officials pos.
sessed ample authority to make specific
appropriations of town lands to indlvi
duals; but, upon the change of sovereign
tv, all such official functions became ex
tinct; the supreme court of the United
States having repeatedly held that nc
American officials have ever succeeded tt
the powers of the former Spanish anc
Mexican officials respecting the DISPOSE
ton OF town lands. Nevertheless, many
citizens, without a legal title, have oc
cupied and improved for generations part
of such town grants, under color of pre-
> tended eonvevances or assignments b.
= American justices OF the peace, and othe
officials assuming to exercise the officia
authority which had been vested in lik
+ Spanish and Mexican authorities unde
the prior law. Besides, large parts o
+ such grants remain vacant and unim
proved because there is no local authorit
competent to convey them to individuals
and such tracts remain free from taxa
, ton.
The object of Mr.. Joseph's bill is t
| restore in effect the cid Spanish and Mex
lean law, by giving its beneficial powe
of ienation to the local officials con
q cerned in the government of counties
cities, towns and villages. Not only
: the old form of municipal government
, extinct now in the case OF every tow
grant, but sometimes the old town ltseI
n which was entitled to the grant has los
# all semblance of town, except a
r ancient church, with few adjacen
adobes and correls, and new American
towns, as in the cases of Las Vegas, Al
buquerque and Socorro, have sprung u
j. upon outlying parts of the grant. Neithe
s the municipal government nor the count
e government can now give clear satis
e factory title to any of the common land
= of such grant, or confirm any possession
o or claim.
e 1t is therefore high time for the Who'll
s subject to be regulated by an explici
q law, and srch law is intended to b
O provided by Mr.. Joseph's bill.
# Unless prompt influences are employed
e to urge its passage it will be dormant il
: the committee. Therefore, every county
e city, town and village concerned, SHOULD
d take measures to send on at once t
n Washington competent advocates OF tn
it measure to appear before the committee
l. 1t is plain that the bill if enacted, wi
H add great deal of money to severa
j. county and municipal treasures.