Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1893-08-15
T. s. LAND COURT.
Three Separate Opinions in the Canon
de San Diego Case-The Jemcz
Hot Springs-Caja del
Rio Lands.

In the case of Amado Chaves, ct al, for
the confirmation of the grant known as
the Canon de San Diego de Jemez,
the opinion of the court by Mr.. Justice
Sluss held that it appeared that the
Garcias, who we're the original grantees,
had Joined with eighteen others in petit
tioning for grant of a larger tract which
embraced the same land prior thereto
granted to the Garcias. That on such
petition new grant was made to the
twenty petitioners of the tract asked for
and embracing the tract formerly granted
to the Garcias. That the possession of
the whole tract was given to the twenty
petitioners under the new grant, That it
was distributed among the twenty grant
ees in equal parts, 300 varas being al.
lotted to each, and the remainder held in
common. That the Garcias participated
in this distribution and each accepted
their allotment of 800 varas under it,
with which they were we'll satisfied. That
it appeared that subsequently the gov
ernor of the province expressed the
opinion that under their grant documents
the Garcias had the better right to the
tract covered by their first grant.
The court held, by majority opinion,
that under these circumstances the Gar
cias must be considered to have ,aban-
doned ell claim to any part of the land
by virtue of their first grant and that the
subsequent action by the governor did
not have the effect to adjudicate that the
Garcias had a paramount right to the
land under the first grant, nor in any way
affect the rights of the parties, or the
obligations of the crown of Spain.
In the above opinion Chief Justice
Reed and Mr.. Justice Fuller concurred.
Mr.. Justice Murray rendered lengthy
opinion agreeing practically on the state
ment of facts by majority of the court,
but dissenting from the conclusions,
taking the position that the grant of 1888
was perfect one, and that the Garcias,
grantees thereof, although joining in the
petition for the larger grant made ten
years later, did not relinquish their rights
to the smaller tract but by absolute
declaration, which was agreed to by all
present at the time possession was given
to the larger grant, reserved to themselves
the land embraced in the smaller grant,
and their right to the same was adj
Indicated and decided by the gov
,ernor in 1908. That this court held in
the confirmation of case No. 10, Rancho
del Rio Grande grant, at prior term,
that an action such as this by An authority
of the former government was binding on
the United States and estopped it from
ever questioning the validity of said title,
and the justice was unable to reconcile
the decision just rendered with the prior
action of the court. That there was no
abandonment of the prior grant because
the petition for the subsequent one asked
for the "vacant lands" within the bound
aries called for in the larger grant, thus
recognizing that there were lands that
we're not vacant.
Mr.. Justice Stone also dissented, con-
curing with Justice hurry in his opin-
ion, but taking the further ground that
the whole proceeding in the matter of
the larger grant negatived the idea
of abandonment of the prior smaller
grant. That the Garcias protested
against REIMBURSEMENT of their rights
and their protest was assented to by all,
and that it was contrary to all custom
and reason that the Garcias would aban-
don an absolute perfect title under pos
session of ten years for a one-twentieth
interest under possessory right.
This case is of moment because it in
wolves grant within a grant and within
| both claims are situated the celebrated
Jemez hot springs, seventy-ive miles west
of Santa Fe, some day to become equally
as attractive for the American invalid
and tourist as are the Eureka or Hot
Springs of Arkansas to-day.
The confirmation of the Gaia del Rio
grant, announced yesterday, opinion by
the chief Justice, occasioned much com
ment of a gratifying nature among Santa
Feans. The tract covers 10000 acres
four-tifths of which is considered the best
of grazing land, and one-half capable OF
cultivation, the water for irrigation OF
which may be drawn from the Rio Grande
as the western boundary of the grant is
along the river for thirteen miles. The
Santa Fe ''crater" is within the bounda-
ries of this tract; the Santa Fe Southern
road runs across part of it, and not far
from the latter road are mineral springs
of value. The adjustment of title to this
large area means that it now comes in to
help swell the aggregate of taxable prop.
critics in Santa Fe county.
The Tacoma grant, calling for 45,00C
acres in western Santa Fe county claimed
by Desiderio Gomez, ct al, N. B. Laughlin
attorney, was argued and submitted.
| The Luis Jaramillo or Aqua Salada
grant, involving $4,000 acres in Bernalillc
county, claimed by Jesus Armijo y lara
milo, ct al, is on hearing to-day, Howard
g. Earle, attorneys for claimants.