Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-09-24
SMALL LAND HOLDINGS.
Over 5000 of These Claims i'll New
Mexic0-Law on the Subject-Com-
missioner LamOreaux Prepar-
ing Blanks and Instruc-
ti0ns-Difficulties In
yOlved.

multitude of what are commonly called
"small land holdings" in the territories
of New Mexico, Arizona, Utah and in the
states of Colorado, Nevada and Wyoming
is one of the most importanhand difficult
problems at present pending before the
general land Office.
The act of congress creating the United
States court of private land claims, ap-
proved March 8, 1891, provided that, in
township surveys to be made after that
date in the territories and states above
named, "if it shall be made to appear to
the satisfaction of the deputy surveyor
making such survey that any person has,
through himself, his ancestors, grantors,
or their lawful successors in title or pos
session, been in continuous, adverse, &C.
tual, bona fide possession of any tract OF
land or IN connection Herewith of other
lands, altogether not exceeding 1SO acres
in such township, for twenty years next,
preceding the time of making such sur
vey, the deputy surveyor shall recognize
and establish the lines of such possession
and make the subdivision of the adjoin-
ing lands in accordance Herewith. Such
possession shall be accurately defined in
the field-notes of the survey and delineated
on the township plat, with the boundaries
and area of the tract as a separate legal
subdivision. The deputy surveyor shall
return with his survey the name or names
of all persons so found to be in posses
sion, with a proper description of the
tract in the possession of each, as shown
by the survey, and the proofs furnished
to him of such possession.
LAW ON THE SUBJECT.
"Upon receipt of such survey and proofs
the commissioner of the general land
office shall cause careful investigation to
be made in such manner as he shall
deem necessary for the ascertainment OF
the truth in respect to such claim and
occupation, and if satisfied, upon such
investigation, that the claimant comes
within the provisions of this section, he
shall cause patents to be issued to the
parties so found to be in possession, for
the tracts respectively claimed by them;
Provided, however, that no person shall
be entitled to confirmation of, or to
patent for, more than 100 acres in his own
right by virtue of this section: And pro-
videi further, That this section shall not
apply to any city lot, town lot, village
lot, farm lot, or pasture lot held
under grant from any corporation OF
town the claim to which may fall within
the provisions of section IL of this act.'
The act further provides that, in the
cases of townships surveyed prior to its
passage, "all persons who, or whose an
cestors, grantors or their lawful success
ors in title or possession, became citizens
of the United States by reason of the
treaty of Guadalupe Hidalgo, or the
terms of the Gsdsden purchase, and who
have been in the actual continuous ad-
verse possession of tracts, not to exceed
1G0 acres each, for twenty years next pre-
ceding such survey, shall be entitled upon
making proof of such facts to the salts.
faction of the register and receiver of the
proper land district, and of the commits
sioner of the general land Office, upon
such investigation as is provided for in
lection is of this act, to enter, without
payment of purchase money, fees, or
commissions, such subdivisions, not eK-
ceeding 100 acres, as shall include their
said possessions.
PROVISION FOR SURVEYS.
"After claim Of the character de-
scribed shall have been filed as directed
in section 10 of this act, and it shall ap-
pear that tract claimed as aforesaid is
of such shape that the claimant can not
readily secure his interest by an entry by
legal subdivisions of the public surveys,
the commissioner of the general land
office may cause such claim to be sur
veyed at the expense of the United States,
but the deputy surveyor performing this
work shall not be paid for his services
more than SIS per day in addition to his
necessary expenses"
The act also provides that "all claims
arising under either of the two next pre-
ceding sections of this act shall be filed
with the surveyor general of the proper
state or territory within two years next
after the lat day of December, 1892, and
no claim not so filed shall be valid. And
the class of cases provided for in said two
next preceding sections shall not be con-
sidered or adjudicated by the court Gre
ated by this act, and no tract of such land
shall be subject to entry under the land
laws of the United States"
In compliance with the provisions of
this act, 3,2O5 small holdings claimants
have filed their claims with the surveyor
general of New Mexico. These claims
are chiefly located on the Rio Grande and
its tributaries and in San Miguel and
Guadalupe counties. About 1000 of them
are in the Santa Fe land district. About
500 of the total number have already
been surveyed and plated and the claim
ants thereof are now ready to proceed to
making the final proofs necessary TO Sc
cure patents.
NOT SLIGHT TASK.
Inasmuch as an entirely new set of
records and blank forms must be pre-
pared and printed for the transaction
of this large accumulation of bust
ness, and an adequate method adopt
ed for giving due and timely no.
tice to all interested that appli-
cations for patents have been made, it
will be perceived that the task imposed
upon the commissioner of the general
land Office is not slight one.
While these cases are very urgent and
claimants have right to expect the.
promptest possible action thereon, it
must be bornein mind that their DISPOSE
ton involves unusual difficulties; that
they afford more opportunities for the
practice of frauds than any other class
of land claims; that the OK parte testimony
of deputy suryevOrs can NOT he accented