Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1894-06-08
THE LEROUX GRANT.
Points in the General Land Office Rul-
ing Directing the Resurvey of
an Important Tract in
Taos County.

l. lie commissioned VI bHC SChcIdl iduu
Office has ordered that a new survey be
made of the Antonio Leroux grant in
Taos county. Surveyor General Julian
recommended that the land be restored to
the public domain because the descrip-
ton is 80 vague and indefinite that sur
vey thereof can not be made.
The grant is said to conflict with the
Arroyo Hondo grant over which there is
now dispute as to survey, and also the
Antonio Martinez grant, recently sur
veyed. The commissioner gives his
reasons for ordering resurvey in
lengthy document the gist of which is
herewith given.
In 1742, Pedro Vigil de Santilanni, Juan
Bautista Vigil and Christobal Vigil petit
toned the government of the province OF
On August 8, 1742, juridical possession
was given. The grant was confirmed by
act of congress March 3, 1869, and the
commissioner of the general land Office
was directed to have the grant surveyed
and plated.
In 1877, Deputy Surveyors Sawyer and
McElroy surveyed and plated what they
considered the land and their survey was
approved by Surveyor General Atkinson
June 5, 1877. The tract 81 surveyed con-
tains an area of 426,O24 53-1OO acres, and
| is bounded on the north by the Arroyo
HOndo and extends south to the grant of
Las Trampas, a distance of twenty
miles. This survey was objected to by
the claimants on the ground of irregu-
larities.
An investigation was made and Sur
veyor General Atkinson in 1884 recon-
mended that the survey be disapproved
and new survey made.
When Surveyor General Julian took
charge of his office he ordered Deputy
Surveyor Ratcliff and Special Agent Tip
ton to make a thorough investigation.
Upon their report the surveyor general
recommended that the land be restored
to the public domain, because the west
ern and southern boundaries could not
be located. From this recommendation
the claimants appealed.
Complications arose over what IS
termed by the land department the lib
eral translation of David j. Miller, at that
time chief clerk in the surveyor generals
Office, and who was reversed by the de-
partment. The commissioner says that
in cases of doubt, grants should be con-
strued strictly in favor of the government,
and where, as in this case, the grant has
been confirmed by congress, it should, if
possible, be SO construed as to give effect
to the will of the legislators. He there
fore, can not consent to declare for
fixture of confirmed grant when rea-
sonable Interpretation will give it GER
tainty.
The petitioners asked for grant of
the locality which is called the Los Lu-
ceros, in the jurisdiction of the town of
Taos, which locality was given to Gen.
Philip Martinez. The decision then gives
the boundaries claimed and tells of the
summoning of the Indians, who declared
that no prejudice was done them by the
establishment Of the boundaries.
The commissioner finds that the land
| petitioned for is bounded by we'll defined
natural objects on all sides, but the
south. He concludes by saying that the
claimants will undoubtedly believe that
they are entitled to larger area than
that which will be contained in the
boundaries as he conceives them, still the
claimants have intimated that they will
accept a smaller area of land. The COM
missioner believes, under the circum-
stances, that it is the duty of his office
only to cause the land to be surveyed and
plated, and this should be done regard
less of what the claimants demand or are
willing to accept in order to quiet their
title and put an end to the long litigation
and stop the expense thereof.
He therefore directs that new survey
be made and to prevent an irregular or
crooked southern boundary, which would
be caused by line conforming to that OF
the Arroyo Hondo, the surveyor general
is directed to run the southern line
straight and in such manner as to give
the confrmees the amount of land that
they are entitled to and that would be
given them in case the aforesaid line wa.
surveyed exactly parallel with the said
stream.
The survey must be made at the proper
expense of the owners of the claim and
should they interpose no objection tc
this decision, but deposit sufficient sum
to defray the expenses of such new sur
vey, the surveyor general is directed to
contract for the work.
The boundaries of the grant as defined
in the decision are the Arroyo Hondo on
the north, the top Of the mountains on
the east, on the west by the Rio Grande
and on the south by an east and west line
two leagues south of the Arroyo Hondo