Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-09-14

For the purpose of shedding an add
tional ray of light on this "re-survey," i
may be mentioned that on March 8, 1894
in letter to the commissioner, Specia
Agent Rice charged that his field note
had been changed in the surveyor gen
erals Office before being forwarded tt
Washington, and added that "ex-Surveyo
General Hobart undoubtedly had SOM
personal interest in making this change.
He also denied point-blank that his sur
vey included the Sanguijuela tract.
NEW SURVEY ORDERED.
At all events the so-called resuryey
approved and adoptsd"by Surveyor Gen
era Hobart, was rejected by Secretar,
Smith, new and complete survey wa
ordered by the commissioner, and the sur
veyor general was recommended to Sc
cure the services of U. S. Deputy Surveyo
Russell B. Rice to do the work. Tn,
surveyor general was also instructed tc
prepare complete and explicit instruc
tions for the guidance of Mr.. Rice il
making the surveys of sail lands allotted
and assigned, but no more"
Surveyor General Easley thereupoI
prepared instructions for resurveys of the
grant, or rather surveys of the allotmsnts
made therein with view to determining
their extent and validity, as directed BY
the commissioner.
These instructions provided for inves
tigation as to the number and extent oil
the allotments made under the grant anc
for the survey of the same in accordance
with the boundaries designated in the
certificates of title issued by the consti
tutional Justice, who originally allotted
or assigned the lends. In cases where the
original certificates had been lost the
deputy surveyor was instructed to take
testimony for the purpose of verifying
claims.
These instructions were issued on April
81, 1894, and were subsequently approved
by the commissioner of the general land
Office. Under them Deputy Rice was en-
ployed to do the work in question, and
his compensation was 6Ied at IS per day
the usual per diem rate, as other services
were expected of him than the mere run.
ming of lines and hence mileage rates
were not deemed practicable. The
amount of money appropriated for the
work was $500.
WORK PRESUMABLY BEGUN.
Since August 20, 1894, the work has pre-
sumably been in progress under the sup
ervision of Deputy Rice.
The instructions issued by the surveyo
general contemplated that complete re-
turns of his work should accompany Mr..
Rice's accounts, but, on September IA,
1894, the commissioner authorized the
payment of his accounts each month
when accompanied by sworn statements
of his daily operations in connection
with the work. He has SO far made no
returns of field notes or plats nor has he
returned any of the testimony presumed
to have been taken by him. He now
represents that the appropriation is
about exhausted and asks that additional
funds be set aside for the prosecution of
the work. His letter on this subj ect has
been referred to the surveyor general
with instructions to secure and pass upon
his estimates and make a report to the
general land office. This seems to be the
present status of the case.
Mr.. Rice was originally employed by
Surveyor General Julian to make pre-
liminary Investigations and surveys of
this grant and the knowledge he was sup
posed then to have acquired doubtless
led to his mployment.
Mr.. Julians idea seems to have been
that only such lands as we're actually oc-
cupied and cultivated by the allottees
should be included in the survey, and Mr..
Rice seems persistently to hold the same
views on the subject as those enter
tained by Mr.. Julian.
Consequently, after learning what the
Instructions of Surveyor General Easley
would be, Mr.. Rice applied directly to the
general land Office for a modification of
aid instructions SO that they would con-
orm to his ideas.
TO RICE AGAIN APPROVED.
The instructions and Mr.. Rice's COM
nunication respecting the same were
uly submitted by the commissioner to
he secretary of the interior for consider
ton and such action as he might see fit
. take in the premises.
On July 25, 1894, the secretary of the in
srior returned the instructions originally |
'sued by Surveyor General Easley accom-
anied by letter approving the same.
egarding Mr.. Rice's idea that only lands
lat were "under actual cultivation at the
me of the treaty of Guadalupe Hidalgo
lonld be considered as valid al.otments,"
le secretary held that that was "too
arrow and restricted a view of the
,partmental decision, which plainly
tended that occupation at the time of
10 cession of New Mexico to the United
5ates should be recognized as creating
gifts to be respected"
The instructions, together with the Sec
tary's plain ruling upon the same to
% effect that they should be obeyed,
ere sent back to Mr.. Rice, on August IA,
94, and, on the 23d of the same month
r. Rice wrote to the commissioner re-
resting that certain ''small changes" be
ade in the instructions of Surveyor GEN
al Easley. These "small changes" asked
volvea precisely the same view he had
Intended for in his first letter to the
mmissioner and which the secretary
d pronounced "too narrow and restrict
On September ID, 1894, the commits
'ner replied to Mr.. Rice that, after
reful consideration of the intructions,
was not disposed to authorize any
ange as to the manner of making the
rveys of the several allotments.
Nevertheless, during last December,
:. Rice issued an unauthorized notice I
the present occupants of allotments
the grant to furnish him with chain
title.
NOT CONTEMPLATED BY INSTRUCTIONS. :
The surveyor general held that this was
: required under the departmental
ing, that the notice of the DEPUTY
'veyor was not contemplated in the in
uctions and involved needless trouble
expense.
again, on April 80, Mr.. Rice applied to
commissioner for "more definite and