The advocate., 1895-08-14
He Is the First and Last Federal Judge
to Have Say in the Maxwell
Grant Case.
The Settlers Object to the Unlawful Part
Of Judge Brewers Two Decisions
in the Said Case.
NO. vIII.-FIRsT DECISION.

1907 Dy Gn0 UQlLeU OC8CeS, III Tut
United States circuit court for the
district of Colorado,to vacate the Max
well grant patent (quit.claim) on the
ground of fraud in the survey of said
alleged grant. On the point that the
alleged patent (quit-claim) was Void
for all above $4,000 acres of the 1900,
600 acres claimed therein, under Mexi
can law, Judge Brewer, ignoring what
Mexico had done, laid all stress upon
what had been done by congress in itE
sO-cslled confirmation in the alleged
Maxwell grant. On this point Judge
Brewer concluded thus: 81 hold
therefore, that the act of congress op'
crates as a grant de 1000 for all the
land within the boundaries as given in
the report of the surveyor general" i"
But in confirming the said alleged
Maxwell grant Judge Brewer fails tC
mention the fact that congress re.
quired its confirmation of a grant al
ready msde-"privste land claim No
15"-tO be construed as a quit claim.
That congress intended this quit-claim
provision as a protection tothe United
States is indicated by this statement
Accompanying this report is bill the pas
sage of which we recommend, that provides fol
such cOnfrmations, notify IUGy 0tgrGntiRg fee
simple estate IN those LGRdS,.but simply by way
Of quit-claiming to the heirs of the original
grantees, which is all that is required under
our treaty with Mexico. (H. r. No. II, 4Oth
Cong. End sess.)
The congress Of the United States,
then, was endesvoring to prevent pub
JIG land stealing under the guise of
alleged Mexican grants by disclaiming
any intention of passing the title of
the United States; it was not required
to do that by the treaty; it was only
required to quit claim; to admit that
title had passed from Mexico, leaving
the grant to rest alone On the basis Of
its Mexican title.
Judge Brewer, however, requires
the confirmation of the alleged Max
well grant to operate as grant de G1OUO;
that is, as new grant by the United
States, passing the title of the United
States. No matter, then, if the claim
ants did have surveyed to them as
their alleged Maxwell grant 300, 900
acres, instead of the $4,000 allowed by
the Mexican law, congress had done the
work; congress had made q grant de
no0o; congress had passed to the grant
claimants title from the United States
1 therefore charge that y Judge Brewer,
In the first decision of the United
States circuit court, unlsWfully re.
fused to treat the confirmation by con.
gress 9 The alleged Maxwell grant as
quit-claim, but did, in the interest OF
public land stealing, unlsWfully treat
said confirmation as a grant de Ro0o
SECOND DECISION,
The case of the Maxwell Grant Com
psny VS.. The Heirs of Richard Russell
deceased, was before the United States
circuit court for the southern district
of Colorado at its October term, 1890
The company sued the heirs of Russell
for the possession of the Russell ranch
a soldiers homestead, for which r. D.
Russell had obtained a final receipt
from the United States. Mr.. John
Russell, Of Chicago, brother of tht