Arizona weekly citizen., 1893-12-23
NO LAND GRANTS.
A Decision of Vital Importance to
Pima County.
A Purchase Not a Grant-Its Origin
and Present Extent-NOw
in Court.

A decision in the Nogales de Elias
land grant case may be looked for
about Februrry. The land court does
not as a rule keep grant decisions under
advisement for a very long period. The
issue is vital to Nogales, and southern
Pima. and any kind of decision, even
adverse to the settlers, is better than
the very numerous claimants the real
estate of Nogales has at present.
The assessed real estate valuation of
Nogales is about 100000. The grant
in question takes in good deal of land
outs de Of the town, but practically all
of value is that embraced in thetown
Various surveys of the grant have been
made, each larger than the last, but the
actual size is of little moment, consider
ing the value of the bulk of the land.
The settlers are very hopeful for
Fnpper, who ia Interested in the matter.
He says the settlers case is ideDtlca
with the governments, and that a
strong fight with the various claimants
will be made for the government by
Attorneys Reynolds and Parker. The
other claimants, he says, are each
against the other, and all against the
government.
The title claimed for tie grant Is
from tn state of Sonora, and the big
gest Of The three or four surveys made
If accepted and admitted by the govern
N ut. Yet says Mr.. Fiipper, admitting
the title as it does the government will
yet win.
In the earlier hearings of the case
the attorneys tried to put in oral
evidence OF the records and documents
in Sonora, tut this was fought by the
government, as establishing Dau prcee-
Gent in other grant cases where there
might actually be no records; and witnes-
ses could be bought in Sonora to de-
clare they had seen the records In
Mexico.
PURCHASE, NOT a GRANT.
The NOgales de Elias grant" as it
is termed is not in reality grant, but a
purchase.
The purchase is dated 1843, when
trect Of the state of Sonora, about one
of Arizona. E.ias and his parents went
the way of ali earth AMI left heirs. The
heirs multiplied, died themselves, some,
or sold their interests in the grant.
Mean hile the grant was having a
struggle to be acknowledged. Up to
1856 the state of Sonora refused TO recog-
nIz9 it. Then came its recognition and
the struggle on the northern side of the
border for like treatment.
Now comes the final struggle, when
it is to b. decided whether the purchase
is void, End the land just government
land, or if it belongs to the claimants.
Should it be decided for the govern
ment the town of Nogales will purchase
the townsite for S1.25 an acre and the
sauatters-for that is all the settlers are
to the present-will each pay their
pro rata and actually own their land.
Then the town will be from under its
blackest cloud and improvements can
he made without fear that they are for
others.
In the case of the grant being con-
firmed on this side other fights will be
on hand. There are heirs and claim
ants galore, between whom must be
settled how much the grant embraces,
and how il shall be divided.
Years ago Frank Ely became ore of
the claimants, he purchasing an un-
divided third from a girl, one of the
heirs.
Other heirs in tho years past sold out
to a man named Robinson, who later
sold to the Canon brothers now of
Guaymas George Hill Howard comes
in on the Camou interests. Mr.. FEpper
SAYS he has it that Mr.. Howard made a
contract with the Camons in 1875
whereby he was to get half interest in
the grant to secure its contirmal ion CD
the American side. Certainly Howard
has moved heaven anG earth TO get
the confirmation. He got the recon-
mendation of the validity of his claim
from Surveyor General W8sson and the
endorsement of it from three committees
in congress. All Of which availed moth
Ing. congress having instituted the
present court for such matters.
Several surveys have been made OF
the grant, each time 1t being bigger
than the former survey. The size of 1t
has varied from $4,000 TO $4,000 acres,
according to the surveyor, The tirtt
SURVEY was mada in 1882 by a Mexican
engineer named Rosas. He found none
of the old monuments and put up new
ones The next was in 1886 by Messrs.
Fourcade and Quiiani. The last Was
by the late Frank Oury, whose survey
showed $1,000 acres. Ibis would have
been exc. eded by survey of late under
way by Mr.. Bonilas of Magdalena, who
says 1t was yet too small by a mile and a
half on the southwest corner.
The area of the grant, says Mr.. Flip
per, is 7,54S sitios, or Mexican square
leagues, each containing 1888 acres.
The measure ments were made from the
northern boundary of the Castle ranch.
The measurements were northward 34O
cords, "a cord being 1877 feet); thence
eastward twenty-five cords, and west
ward 200 cords. Tue southern boundary
is eastward from Casita twenty-five G
cords, and westward 200 cords. The
laUd en- braced betweenthe northern and
southern boundaries in the purchase.
MoMENToUs DECISION.
LATER 4 this afternoon the court
decided In the case that all grants this
side of the line are invalid.
The decision in full will be given by
the CITIZEN tomorrow.