Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1893-08-11
U. S, LAND COURT.
An Able and Readable Opinion by
Justice Stone Concerning the
Pueblos Pasture Grant.
Ancient Grazing Lands for the Royal
Spanish Garrison-The Gaia del
Rio Grant Submitted.

In the U. S. court of private land claims
in case No. so, the Ole del Espiritu Santo
grant, IN Bernalillo county, for 100000
acres, claimed to have been made by the
Spanish viceroy in 1865 to the Indians of
the pueblos of zia, Santa Ana and Jemez,
involving the pasture lands claimed
hereunder, Mr.. Justice Stone delivered
the opinion as follows:
On behalf of the court am authorized
to announce it's conclusion upon hearing
and submission of this case.
Petitioners, the three Indian pueblos
of Zia, Santa Ana and Jemez, seek con-
irmation of title to certain area of
land, outside their pueblos, alleging
grant therefor by the governor general
of the province of New Mexico, in the
name of the king of Spain, in the year
1866, as perfect grant of the lands for
pastoral purposes; and averring occupa-
ton and use thereof for such purpose to
the present time.
Many grounds of defense are set up
by the United States, and others are in.
terposed by certain parties defendant
claiming adversely under titles to tracts
embraced in whole or in part within the
boundaries of the claim in issue.
THE PRINCIPAL QUESTIONS
we have deemed necessary to consider,
are:
First, What is the character of the
title shown; perfect or imperfect? And
Second, Is it grant of title to the land
itself, or only usufruct, the right of
pasturage thereon?
Numerous objections were taken upon
hearing, to the muniments of title Of
fered by petitioners, as well as to the
character of the possession and user of
the lands, but we do not pronounce these
oh jections sufficient to defeat the validity
of the title to tho estate granted, what
ever its character may be. Hence it may
be said, that if the title could be deter
mined to be grant of the land itself,
the proofs might not be wanting to place
it in the class of what we term perfect
grants. Be that as it may, however, it
is not believed to be necessary to pass
upon these objections to the evidence
absolutely, since, in view of our conclu-
sion touching the nature of the estate or
right granted, the regularity of tho pro-
ceedings may be conceded.
The character of the grant, that is, the
nature of the estate granted, is to be
tested chiefly, if not wholly, by the Ian
guage employed in the prayer of the
petitioner embracing the object or thing
prayed for, and by the terms of the grant
ing clause in the grant document. There
in we are to look for the purpose and in
tent of both the grantee and grantor.
The petitioners to the governor, after
reciting that they, "from their foundation,
have considered rs their pasture ground
in the vicinity of said pueblos, valley
commonly called the Holy Ghost Spring,
and that in some urgent cases, the same,
as is known, is used as q pasture ground
for the horses of the
ROYAL GARRISON,
and the said parties being aware that the
said valley has had in its vicinity some
applicants to acquire the same by grant.
which will cause them very great injury,
as they have considerable cattle, sheep,
goats and horses for the royal service,
and not having any other place in which
to pasture them," conclude as follows:
Sin consideration of all of which I ask
and pray that your e1eellency, in the
name Of his majesty whom may God
preserve) be pleased to declare said
valley to be the legitimate pasture
grounds and pastures Of the pueblos,
directing that the boundaries thereof be
designated to them," etc.
| Upon receipt of the petition, the gov
ernor formally ordered the chief alcalde
of the pueblos to examine the boundaries
"where they state they pasture their stock
and horses" and report the area en-
braced, land whether the aforesaid three
pueblos have the cattle, sheep, goats and
horses proportional to the boundaries
asked for for their grazing"
The report of the alcalde sets forth the
boundaries and that they did not contain
to his knowledge any lands suitable for
cultivation, being "only suitable for pas
turing and live stock, which is abundant
in said pueblos."
Upon this report the governor issues
the granting document, the granting
clauses therein being as follows:
I'm the town of Santa Fe, on the sixth
day of the month of August, one thousand
seven hundred and sixty six, I, Tomas
velez Cachupin, governor general of this
kingdom of New Mexico, in view of what
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