Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1893-08-08
THE i. s. LAND COURT.
Full Text of the Majority Opinion
Involving Point Of Wide
Spread Interest,

the Nicolas Duran Chavez grant, In
volving $4,000 acres in Valencia county,
created much comment among the New
MExIoAN's readers last evening. AS was
stated, the dissenting opinion by Justices
Murray and Stone held that when there
is perfect grant it is finality, and that
the United States can not exempt from
the operation of confirmation lands
which had been patented to individuals
under the laws of the United States, as
this country never had power over the
land, and that congress had never under
taken to claim it. The official report of
the majority of the court, delivered by
Chief Justice Reed, is as follows:
"This grant belongs to the class of
grants which are recognized as having
been perfect and complete at the time the
United States acquired jurisdiction over
this territory, and a decree will be en-
tered confirming it as such to the original
grantee and his heirs, assigns and legal
representatives.
''The question of Importance arises cut
of the fact that the public surveys have
been extended over portion of the land,
and number of subdivisions have been
entered and patentented under the gen
eral land laws. The question is whether
these tracts shall be excluded from the
operation of the decree. A majority of
the court are of the opinion that they
must be so excluded.
"The authority for bringing and pro
scouting an action for the confirmation of
a complete and perfect grant is conferred
by section eight 81 of the act creating
this court; that section provides, that,
upon the application of any person or
corporation claiming lands under COM
plete and perfect grant, the court shall
proceed to hear, try and determine the
validity OF the claim and the right of the
claimant, its extent, location and boun-
diaries, and if the title SO claimed shall be
established and confirmed, such conirma-
ton shall be for SO much land only as
such perfect title shall be found to cover,
always excepting any part of such land
that shall have been disposed of by the
United States. Section fourteen (14) of
the act contains the following provision:
"That if in any case it shall appear that
the lands or any part thereof de-
creed to any claimant under the
provisions of this act shall have
been sold or granted by the United States
to any other person, such title from the
United States to such other person shall
remain valid, Notwithstanding such de-
cree, and upon proof being made to the
satisfaction of said court of such sale or
grant, and the value of the lands SO sold
or granted, such court shall render judg-
ment in favor of such claimant against
the United States for the reasonable val
ne of said lands so sold or granted, ETC.,
etc.
"The holding that the subdivisions of
land in question must be excluded from
the operation of the decree, is based
upon these provisions. In the opinion Of
the majority of the court these provis-
ions create limitation upon the power
and jurisdiction of the court. This court
is one of limited jurisdiction and has no
general powers; it can not therefore in
any case grant larger degree of relief
than is provided for in the act creating
it.
"There is another view which we think
is q ute as conclusive of tho question in
volved. The fact as to the validity and
extent of these land grants has always
been in dispute and controversy between
the government and the claimants; for
the purpose of settling or having settled
that dispute and controversy, the govern
ment mas created tribunal in which
it authorizes parties holding grants
or claiming grants, of the char
acter of that in question, to sue the
government, and the court is given
jurisdiction to determine the question
at issue between the parties. But in the
act creating the court, the government
has said in effect to all such claimants
that if you do bring your cases before
this tribunal for the purpose of securing
such benefits as will accrue to you under
its judgment of confirmation, you must
at the same time consent to relinquish
all right to such lands within your grant
as has heretofore been disposed of by the
government
| "Now, it seems to us that when party
comes into this court and claims a con-
firmation of his grant under the provi-
sions of the act, he necessarily consents
to relinquish all that portion of the land
which has been heretofore disposed Of by
the government, and accept money
consideration therefor 40 provided for
in the act.
therefore, we hold that the lands in
| question must be excluded from the
operation of the decree and the plaintiff
may take such further action rs he deems
proper for the purpose of securing the
money judgment provided for in lieu of
such land"