The herald., 1893-02-06
TUCSON'S LAW SUIT.
CONFLICTING OPINIONS ABOUT A
LARGE LAND SUIT.
Both Sides of the Controversy, Which
Dates Back Many Years-A Visit
to an Important Mine at
Santa Rita,

Correspondence of the HERALD.l
SANTA RITA MOUNTAINS, Feb. 81
cannot say that I was favorably i'm
pressed with Tuscon's progress, as
compared with the condition of things
in the ancient and honorable pueblo
several years ago. Its inhabitants them
selves admit that the town is mighty
quiet, and it is fact. The withdrawal
of the troops from Fort Lowell and the
set back which silver mining has re-
ceived are the principal causes of this
regretable condition in the principal
town of Pima county.
There are acres upon acres within the
city limits which remain vacant and
empty, yet there are some parties who
square leagues of land by means of a
lawsuit, and this is about ali that
causes any excitement there. Lots OF
people are opposed to it, while others
are anxious to use the city to obtain for
valuable bottom lands on the Santa
Cruz river, on which they are virtually
squatters, valid and good title. The
Star and Citizen are in favor of the pro-
ject, but the Enterprise is opposing it
with might and main.
Under the Spanish rule there was es-
tablished, in 1902, presidio of Tucson,
and later, under the Mexican govern
ment, there was pueblo OF Tucson, the
grant of which was given to one Reyes
Pacheco, in 1888, for the purpose of
grazing government stock thereon.
That, at least, is what some of the ad-
Of tho cr1it ort xrh hila n ic do-
MED by those adverse to it. To explain
how it is that all papers respecting the
preaidio and pueblo grants are missing
the former say that one Juan Bojorgues,
a Mexican sergeant, destroyed them,
with other papers, in 1854, when the
territory was evacuated. In 1871, when
S. r. DeLong became mayor, the city
council, which did not know much
present council does, bought from the
United States government the present
site of Tucson, two square miles, and
obtained patent for it in trust for the
village of Tucson, and all purchases
thereafter within the limits of the viii
lage derived a perfect title from the
mayor and council. The valuable lands
in the river bottom were not included in
this patent, and those who have held
them for many years have no clean title
thereto and are naturally very anxiouf
that the city of Tucson should take up
the fight and save their bacon. But the
people who are disinclined to have the
suit brought say that the village of Tue
son has no claim whatever to the pre-.
sidio or pueblo lands and demand a
mass meeting to defeat the would.be
litigants Santiago Ainsa, lawyer, is
willing to prosecute the case at his own
cost for one-half the value of the lands
that may be recovered and sold, and
also for one half of the $500 that the
two square leagues cost, if that can be
got back.
And thus the case now stands, and
Tucson is much agitated about if.
left few days ago for the mountains
to takes look at the mining that is
going on, and with one exception have
seen nothing very serious in that line
either. ] am at present in the He'vetia
mining district, Santa Rita mountains,
about 80 miles south of Tucson. Sew
eral years ago this region was over
run by prospectors in search of copper,
which they didn't find, and the Santa
Ritas took set back. There is excel.
lent silver ore here, however, chlorides
above the water level and sulphurets
below, while galena claims are not rare.
I am now staying at the Blue Jay mine,
belonging to the Iowa Mining company,
probably the only mine in the whole
district upon which real work rs going
on. George Stone, formerly of Los An
geles, where he has yet many friends,
it's discoverer, is manager for the COM
pany, ae we'll as stockholder. From
10 to 20 men are constantly employed
on it extracting ore, which is shipped to
the smelters. A few days ago piece of
ore weighing 800 pounds was taken by
Mr.. Stone to Tucson for the worlds fair
which assayed 173 ounces in silver and
81 .5S in gold, taken from wiDze below
the 200-foot level. Nearer the sur
face another sample, also for
the exposition, weighing about
100 pounds forwarded East which as
sayed 342 or. in silver and $3.50 in gold